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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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  2. Category "Subrogation"

Subrogating E-Cigarette Explosions

Newsletter, Product Liability, PropertyFebruary 13, 2018

E-cigarettes are advertised and sold as a safer alternative to traditional cigarettes. They literally burst onto the scene back in 2007 and are now a $7 billion global industry made up of roughly 500 brands. Some of the most popular brands…

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Don’t Give Frozen Pipe Subrogation The Cold Shoulder

Newsletter, PropertyFebruary 12, 2018

Most people remember from grade-school science class that water expands as it freezes. There is also a common misconception that this expanding ice physically causes a pipe to rupture. However, this expanding ice is often only one part of the equation, in…

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Wisconsin Temporary Employees Who Do Not File Workers’ Compensation Claim Can Sue Special Employers

Newsletter, Workers' CompensationFebruary 8, 2018

It seems that in Wisconsin, the Exclusive Remedy Rule, which prevents an employee from suing his employer in tort, isn’t all that it’s cracked up to be. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary…

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Texas Supreme Court Denies Appeal In Waiver Of Subrogation Case

Newsletter, Workers' CompensationFebruary 2, 2018

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review denied…

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KNOWLEDGE IS THE KEY THAT UNLOCKS ALL DOORS: Follow Matthiesen, Wickert & Lehrer Deeper into the Matrix of Subrogation Via Social Media

Newsletter, SubrogationJanuary 24, 2018

The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all 50 states an arduous and laborious task — the subrogation equivalent of Sisyphus rolling the stone up…

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Train Wreck Damages Cap May Impede Subrogation Recovery In Rail Disaster Cases

Newsletter, Subrogation, Transportation and CargoJanuary 18, 2018

The Amtrak Cascades 501 departed Seattle on its inaugural voyage on the morning of December 18, 2017. Just after 7:30 a.m., the train derailed at high speed in DuPont, Washington, causing three fatalities, dozens of injuries, and widespread destruction. Government reports…

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Medical Billing, Insurance Write-Offs, And The Collateral Source Rule

ERISA and Health Insurance, NewsletterJanuary 8, 2018

Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more than…

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2017 Merry Christmas and Happy New Year!

Newsletter, SubrogationDecember 15, 2017

Matthiesen, Wickert & Lehrer, S.C. would like to thank all our clients and local counsel for a wonderful year and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to…

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New Jersey Supreme Court Strikes Down Pre-Injury Waiver Of Third-Party Rights By Employee

Newsletter, Workers' CompensationDecember 15, 2017

On December 11, 2017, the New Jersey Supreme Court handed injured employees and struggling small businesses in New Jersey a huge victory. In Vitale v. Schering-Plough Corp., A-20-16; 078294 (N.J. December 11, 2017), the Court of Appeals affirmed a trial…

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Hawai’i’s PIP Subrogation DUI Loophole

Auto, Med Pay, PIP, NewsletterDecember 15, 2017

The law of physics known as the “Uncertainty Principle” states that the position and velocity of an object cannot be measured exactly, at the same time, even in theory. The reason for this is that any attempt to measure precisely…

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