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This Week's Feature
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Medicare Reporting: Are Your Clients Ready to Report?
By Jeffrey J. Signor
Goldberg Segalla LLP, Buffalo, New York
I. All claims involving a Medicare eligible plaintiff need to be reported.
On July 1, 2009, the amendments to the “Medicare, Medicaid, and SCHIP Extension Act of 2007” take effect. Under the new rules, all insurers with respect to liability, no-fault, Workers’ Compensation, as well as self-insurers (collectively referred to as Responsible Reporting Entities, or RREs), will be required to determine whether a claimant is entitled to Medicare benefits. If a RRE fails to notify the Centers for Medicare and Medicaid Services (CMS) in accordance with the new guidelines, a civil penalty of $1,000 per day will be charged per claimant.
[FULL STORY]
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DRI News
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Congratulations to John W. Bell, shareholder and co-founder of Johnson & Bell, Ltd. in Chicago, who was selected by his peers as one of the “Top 10 Super Lawyers of Illinois.” The survey was conducted by Law & Politics magazine. A DRI member since 1980, Mr. Bell is an active member of DRI’s Product Liability Committee and has been a featured speaker at DRI’s Preeminent Lawyer Seminar.
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Seventeenth Annual “Excellence in Defense Award”
Congratulations to James E. Lozier, a member of Dickinson Wright PLLC in Lansing, Michigan, who has been selected to receive the “Excellence in Defense Award” from the Michigan Defense Trial Counsel (MDTC) at its annual awards banquet on June 13 at Boyne Highlands in Harbor Springs. The award was established by MDTC to honor the most prominent of civil defense counsel who have throughout their careers demonstrated superior professionalism and advocacy skills, and have contributed significantly to their communities and the defense trial bar. Mr. Lozier served on DRI’s Board as the Central Regional Director (2005-2008). Prior to that, he fulfilled two terms as State Representative to Michigan. Mr. Lozier is also a former chair of DRI’s Alternative Dispute Resolution Committee.
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DRI 2009 Product Liability Conference — It's Not Easy Being Green: Navigating the New Landscape of Product Liability Law
Don't miss DRI's Product Liability conference in San Diego April 15-17, 2009. The current economy has impacted many of your abilities to travel and attend seminars or conferences this year. This valuable conference presents a unique opportunity for high quality education and networking. You can earn 18.25 hours of MCLE, including 2 hours of ethics credit, while networking with colleagues specializing in product liability litigation.
[FULL STORY]
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Join the DRI Group on LinkedIn!
Due to popular demand, DRI is pleased to offer another valuable membership benefit. Join us on the popular networking site LinkedIn for additional professional networking, referral and collaboration opportunities with fellow DRI members. If you don’t already have a LinkedIn profile, you can easily create your own at www.linkedin.com, highlighting your professional expertise and accomplishments. Once you have created your profile, simply search for the DRI group and request to join. Only DRI members are permitted to join. Don’t miss this opportunity—get started today! "
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Register now for the FDCC Leadership Institute: Pathways to Leadership. It’s only a month away.
The training of leaders is critical in good times and imperative in times of crisis. Identifying young leaders and developing their leadership skills is an investment that will not be affected by the stock market, the fluctuating price of oil, or our struggling economy. This is an investment that secures the future of our profession, your firms, and organizations. The FDCC recognizes this and urges you to send one of your emerging leaders to the FDCC Leadership Institute, April 15-17, at the Gleacher Center in Chicago.
[FULL STORY]
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Go Blogging!
In addition to being able to search past FTD articles, find press releases and access Amicus briefs prepared by DRI, our newest website, www.forthedefense.org, offers a blog. Each week a different DRI Substantive Law Committee provides content on topics of interest not only to the specific committee, but the defense bar as a whole. This week, DRI’s Commercial Litigation Committee has submitted a post on NAACP Sues Wells and HSBC for Reverse Redlining. The DRI Blog is an excellent marketing opportunity for you and your firm as the blog is open to the public. We encourage you to read and comment on all blog postings and direct your clients to articles on timely topics.
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And The Defense Wins!
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Joan M. Young, a partner with Heenan Blaikie LLP in Vancouver, British Columbia, successfully defended Marriott Hotels of Canada Inc. recently in an employment law case. The plaintiff was a 22-year senior employee with no disciplinary record who was accused of inappropriately physically harassing a subordinate at the company Christmas party. The plaintiff denied any wrongdoing and alleged that the female was, in fact, coming on to him. The female employee had consumed a significant amount of alcohol at the party, and her memory of the events was not fully intact. The employer took the position that the plaintiff had not been truthful during the hotel’s investigation of the claim when he denied the allegations. The employer fired the plaintiff. The plaintiff sued and sought significant damages for wrongful termination of employment.
[FULL STORY]
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DRI member Paul D. Williams of Day, Pitney, LLP in Hartford, Connecticut, successfully represented Brunswick Corporation d/b/a Mercury Marine, the defendant manufacturer, in a three week trial in Bowers v. Malibu Boats, Inc. et al. Mercury Marine was the manufacturer of a 1992 engine wiring harness installed on a MerCruiser engine in a Malibu boat owned by the 30-year-old decedent. The Malibu boat was involved in a fatal collision when another boat hit it from the rear, resulting in the death of two individuals and seriously injuring two others.
[FULL STORY]
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DRI members Paul Caleo and Derek Lim, partners at Burnham Brown in Oakland, California, teamed up to successfully defend Home Depot USA, Inc., in a four week jury trial in Marin County Superior Court involving claims of traumatic brain injury, concussion, memory loss and physical injuries caused by a box of drill bits falling off a shelf. The plaintiff, a 49-year-old self-employed handyman and real estate investor, was in the hardware department and alleged that a ladder being pulled by an employee caused a 10 to 15 pound box to fall 14 to 16 feet and strike him on the top of his head. Home Depot admitted liability but claimed that the box that fell on Goodlund weighed 7 to 8 pounds and fell only 2 to 3 feet.
[FULL STORY]
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DRI members Christopher A. Holecek and Peter A. Holdsworth of Wegman, Hessler & Vanderburg L.P.A. in Cleveland, Ohio, teamed with local counsel from Houston, to obtain summary judgment in favor of the defendant manufacturer of outdoor power equipment in a strict product liability and breach of warranty action arising out of a warehouse fire.
[FULL STORY]
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Paul Bolus, Gary Howard and Jason Walters, partners at Bradley Arant Boult Cummings LLP in Birmingham, Alabama, secured two summary judgment wins for insurance companies recently. The first victory was obtained in the U.S. District Court for the Northern District of Alabama in favor of Conseco Insurance Company and Performance Matters Associates. The case involved allegations of fraud, suppression and negligence made by independent agents against the insurer and the marketing organization with regard to the handling of underwriting on a particular line of universal life insurance policies. After extensive discovery and briefing, the court agreed that plaintiffs’ claims were all due to be summarily adjudicated. The court also granted summary judgment on Conseco Insurance Company’s counterclaims for breach of contract against certain plaintiffs.
[FULL STORY]
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DRI wants to hear about your latest win! Send a short summary and recent photo of yourself to Barb Lowery by email (blowery@dri.org).
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Leader Spotlight
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This week’s spotlight shines on Douglas K. Burrell, a senior associate in the Atlanta office of Drew, Eckl & Farnham, LLP. Mr. Burrell is the membership chair of DRI’s Diversity Committee and has been instrumental in the growth of the committee since its inception in 2007. He is also a member of the Trial Tactics and Lawyers’ Professionalism and Ethics Committees.
[FULL STORY]
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Legislative Tracking
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Fueled by DRI’s Young Lawyers Committee, this week’s report highlights legislation from Arkansas through Minnesota, plus Utah and Vermont. The Young Lawyers Legislative Subcommittee is led by co-chairs Emily Turner Landry of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC in Memphis, Tennessee and Sean W. Shirley of Balch & Bingham LLP in Birmingham, Alabama, plus vice-chair Paul A. Wilhelm of Dykema Gossett PLLC in Detroit, Michigan. Special thanks to these leaders, along with all of the other state contributors.
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ARKANSAS (Contributors: Anton L. Janik, Jr., Mitchell Williams and Brian Vandiver, Cross, Gunter, Witherspoon & Galchus, P.C.)
IDENTITY OF CONCEALED WEAPONS PERMIT HOLDERS
HB-1623. Protecting the Identity of Concealed Weapons Permit Holders
• This bill prohibits the release of the identities or other information concerning concealed handgun licensees.
IMMIGRATION – STATE REQUIRED IDENTIFICATION
HB-1093. Establishing Identification Requirements for State Service Eligibility
• This bill concerns illegal immigration and makes certain acts unlawful. It authorizes state agencies to issue identification documents to certain persons; requires the determination of citizenship status for persons charged with certain offenses; requires state agencies to participate in a status verification system; requires state agencies to verify the lawful presence of persons applying for certain benefits; requires withholding of state income tax under certain circumstances; limits benefits for postsecondary education; to establish a fraudulent documents identification unit within the department of Arkansas State Police; and provides guidelines for resident tuition.
PROHIBITION OF DRIVER’S USE OF WIRELESS DEVICE TO TEXT MESSAGE WHILE DRIVING
HB-1013
• This Act amends Arkansas Code § 27-51 to prohibit drivers of motor vehicles from using handheld wireless telephones to engage in text messaging.
PROHIBITION OF MINOR’S USE OF WIRELESS DEVICE WHILE DRIVING
SB-28. Prohibition of Minor’s Use of Wireless Device While Driving
This Act amends Arkansas Code § 27-51-14 to prohibit a driver under eighteen from operating a motor vehicle while using a wireless device.
PROHIBITION OF USE OF HANDS FREE DEVICES WHILE DRIVING
SB-31. Use of Hands Free Devices
• This bill amends Arkansas Code § 27-51-14, and requires a driver of a motor vehicle to use a hands-free cellular telephone device while driving on a public highway. The bill also prescribes certain limitations for the use of a cellular telephone device by the driver of a motor vehicle on a public highway.
REGULATION OF PHARMACIES
SB-120. Regulation of Pharmacies
• This Act amends Arkansas Code § 17-92-101(16), and clarifies various provisions of the law regarding pharmacists and pharmacies, as well as the regulatory authority of the Arkansas State Board of Pharmacy. Changes include further defining the term pharmacy, and providing civil penalties for the unauthorized practice of pharmacy. The bill also defines the proper practitioner-patient relationship for the Arkansas Internet Prescription Consumer Protection Act.
USE OF PROTECTIVE HEADGEAR WHILE RIDING MOTORCYCLE
SB-29. Required Use of Headgear While Riding Motorcycle
• This bill amends Arkansas Code § 27-20-104(b), and requires that all persons who operate or ride on a motorcycle to wear protective headgear, or to carry adequate coverage under a health insurance plan.
ARIZONA (Contributor: Sarah R. Anchors, Quarles & Brady LLP)
COMMERCIAL LITIGATION
HB 2601: Foreclosures; limitation, affidavit.
• The bill would add section 33-810.10, providing that the owner of a property, upon receipt of a notice of sale, can deliver to the trustee an affidavit for temporary stay of the trustee’s sale, containing certain required terms, in order to postpone the sale for 60 days and provide the owner with an opportunity to negotiate a revised payment or other revised loan terms.
• First read on 02/19/09. Assigned to the Commerce Committee and the Banking and Insurance Committee. Second read 02/23/09.
HB 2612: Post judgment garnishment; attorney's writ.
• This bill allows an attorney, as opposed to only court clerks and justices of the peace, to issue a writ of garnishment if a judgment has been made and certain other requirements are met.
• Passed by the House Committee on Judiciary on 03/05/09. Awaiting action by the Rules Committee.
COMMERCIAL LITIGATION - TRUCKING LAW
SB 1443: Cellular telephone use; texting; driving
• SB 1443 makes it illegal to engage in a cell phone call or text-message activity while driving, unless the driver uses a hands-free device.
• Introduced on 02/03/09.
LAWYERS’ PROFESSIONALISM AND ETHICS
HCR 2016: Retirement age; justices and judges.
• This House resolution proposes amending Article 6, Section 20 of the Arizona Constitution to increase the retirement age of justices and judges from seventy to seventy-five years of age. It would require approval by voters.
• 02/19/09 – Introduced by Rep. Driggs, first read in the Committee On Judiciary
LIFE, HEALTH AND DISABILITY
HB 2616: Living wills; health care directives
• This bill amends A.R.S. § 14-5312 to require a guardian to notify family members of the ward when the guardian intends to consent to the removal of a feeding tube for the ward, and provides standards for legal challenges to the guardians’ decisions.
• 03/06/09 – Heath and Human Services passed the bill, with adopted amendments. Awaiting action by the House Rules Committee.
[MORE]
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Fueled by DRI’s Young Lawyers Committee, this week’s report highlights legislation from Idaho through West Virginia. The Young Lawyers Legislative Subcommittee is led by co-chairs Emily Turner Landry of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC in Memphis, Tennessee and Sean W. Shirley of Balch & Bingham LLP in Birmingham, Alabama, plus vice-chair Paul A. Wilhelm of Dykema Gossett PLLC in Detroit, Michigan. Special thanks to these leaders, along with all of the other state contributors.
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Quote of the Week
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The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.
— Winston Churchill
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DRI CLE Calendar
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Toxic Torts and Environmental Law
March 19-20, 2009
Arizona Biltmore, Phoenix, Arizona
Implications of Preemption Decision in Wyeth v. Levine and Possible Strategies in Response (webcast)
March 27, 2009
Insurance Coverage and Claims Institute
April 1-3, 2009
The Westin Michigan Avenue Chicago, Chicago, Illinois
Beyond a Great Lawyer: Masterful Marketing Skills for Your Practice (webconference)
April 14, 2009
Product Liability Conference
April 15-17, 2009
Hilton San Diego Bayfront, San Diego, California
Commercial and Intellectual Property Litigation Symposium
April 22-24, 2009
Wyndham Chicago, Chicago, Illinois
Life, Health, Disability and ERISA
April 22-24, 2009
Sheraton New York Hotel & Towers, New York, New York
Corporate Representative Deposition (webcast)
April 29, 2009
Employment Law
April 30-May 1, 2009
JW Marriott Orlando, Grande Lakes, Orlando, Florida
Electronic Discovery
May 7-8, 2009
Hilton New York, New York, New York
Culture Clash! Data Protection, Freedom of Information and Discovery — How to Protect Your Business in Transnational Disputes
May 13-14, 2009
Hotel Vier Jahreszeiten Kempinski, Munich, Germany
Drug and Medical Device Litigation
May 14-15, 2009
Sheraton New York Hotel & Towers, New York, New York
First Response — Extra-Record Discovery Request Post-Glenn (webcast)
May 20, 2009
For all other seminars, webconferences and webcasts, click here.
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Unfair Insurance Practices: A Compendium of State Law
Evidentiary Privileges for Corporate Counsel
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