Monthly Archives: March 2016

Nebraska Court Of Appeals Neuters Workers’ Compensation Subrogation Statute

Ignorance of the law is no excuse – unless you’re the Nebraska Court of Appeals. On March 8, 2016, the Court, in perhaps one of the most illogical and biased decisions in many years, held that a trial court can … Learn More

DePuy And Johnson & Johnson Hit With $502 Million Verdict In Pinnacle Hip Lawsuit

The recent consolidated bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the … Learn More

Driverless Car Litigation

The World of George Jetson Has Arrived! Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation … Learn More

The Perfect Crime

While not related to subrogation, we felt that an interesting article about a hypothetical situation in which the peculiar intersection of constitutional, federal, and state law creates an opportunity for the “perfect crime.” In 2005, Michigan State University College of … Learn More

Oklahoma Option Flagged As Unconstitutional

In the 1970s, the Oklahoma Sooners’ NCAA football team successfully began implementing a new offensive system known as the “option offense.” Sooner Coach Barry Switzer has been credited by many for having perfected the use of the wishbone offense, a … Learn More

MASS TORTS SUBROGATION ALERT: DePuy Pinnacle Jury Renders $502 Million Plaintiff’s Verdict

The second bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the Northern … Learn More

THE FAILURE OF NO-FAULT INSURANCE

The Future Of Auto Insurance In No-Fault States In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their … Learn More

West Virginia Finally Weighs In On Landlord/Tenant Subrogation

Subrogation against a negligent tenant by a landlord’s property insurer is a major source of recovery income for many insurers. Unfortunately, as is all too often the case, the law in many states has been developed in such a way … Learn More

Court Holds That Personal Injury Attorney Is Not Exempt From Having To Pay Medical Record Retrieval Or Certification Fees Assessed Pursuant To Wisconsin Statutes

In Moya v. Aurora Healthcare, Inc. and HealthPort Technologies, LLC, Appeal No. 2014AP2236, the Wisconsin Court of Appeals decided a case involving the construction and interpretation of Wis. Stats. §§ 146.81-146.83 to determine whether personal injury attorneys are exempt from the … Learn More

Court Issues Opinion Restricting Interpretation of Policy’s “Drive Other Car” Exclusion

Allstate’s insured was involved in an automobile accident with a plaintiff in which it was alleged that Allstate’s insured was negligent causing injury to the plaintiff. Allstate had issued a policy of liability insurance to the driver and her husband, … Learn More