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Newsletter

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Governmental Immunity And The Code Of Pirates

Contribution and Liability, Newsletter, Property, SubrogationJuly 13, 2016

In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of…

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Matthiesen, Wickert & Lehrer, S.C. Welcomes Lauren M. Davis To The Firm

NewsletterJune 29, 2016

Lauren M. Davis has joined the insurance litigation team at Matthiesen, Wickert & Lehrer, S.C. as an associate attorney in our New Orleans branch office. Formerly a litigator with Hangartner, Rydberg, and Terrell and a defense attorney with Sutterfield &…

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Ohio Supreme Court Weighs In On Horizontal Immunity

Newsletter, Workers' CompensationJune 29, 2016

Even Non-Employer Contractors Are Entitled To Exclusive Remedy Protection Exclusive remedy protection is being handed out to non-employers like candy on Halloween by courts and legislatures across the nation, and Ohio is the latest state to join the giveaway. On…

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District of Columbia’s Workers’ Compensation Statute Amended To Provide For Sharing Of Fees/Costs

Newsletter, Workers' CompensationJune 28, 2016

Until recently, the District of Columbia workers’ compensation subrogation statute, found at § 32-1535, was silent on how or whether attorneys’ fees/costs are to be charged or apportioned when the worker files suit. When an employer or workers’ compensation insurance…

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FOLLOWING THE MONEY: Subrogating MSC-90 Payments Against An Uninsured Operator

Newsletter, Transportation and CargoJune 28, 2016

Trucking insurers issuing motor carrier policies which contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is a fascinating and under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind…

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THE EXCEPTIONS TO THE RULE: Understanding The Dual Capacity Doctrine

Newsletter, Workers' CompensationJune 27, 2016

The Exclusive Remedy Rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation…

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The Ten Best And Ten Worst States For Subrogating Workers’ Compensation

Newsletter, Subrogation, Workers' CompensationMay 27, 2016

It actually makes very little legal sense and for all intents and purposes is fundamentally antithetical to a free market, capitalist society. Its underpinnings can be traced to Germany’s Second Reich and its Prime Minister, Otto Von Bismarck. It has…

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Isn’t That Special? Arbitration Of Comp Lien May Save Fees/Costs

Newsletter, Workers' CompensationMay 26, 2016

Virginia Court of Appeals Defies Trial Lawyers Association The Virginia Court of Appeals just gave a big boost in the arm to Special Arbitration of workers’ compensation liens. Article First (Compulsory Provisions) of the Special Rules and Regulations (revised January…

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Anti-Subrogation States Split On Impact Of Latest FEHBA Preemption Regulations

ERISA and Health Insurance, Newsletter, SubrogationMay 5, 2016

For over a decade, state and federal courts throughout the nation have wrestled with the issue of whether FEHBA (Federal Employees Health Benefit Act of 1959) preempts state subrogation laws. 5 U.S.C. §§ 8901-8914. Both Missouri and Arizona are well-known…

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License To Kill? Major League Baseball’s Foul Ball Immunity

Contribution and Liability, Newsletter, SubrogationApril 28, 2016

James Bond is not the only one with a License to Kill. Professional sports teams sell season ticket packages, often in the form of a seat license to a specific seat in the franchise stadium for every regular season game…

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