Begining of the End for Medicaid Liens?

As recently reported, the United States Supreme Court recently heard oral argument in Delia v. EMA (briefs can be found here) on the issue of States recovering Medicaid expenses from the proceeds of a medical malpractice settlement.The theory being that if the patient never paid for the medical services which are now part of a settlement they should not be reimbursed for the expense.  The same line of reasoning also extends to future medical expenses if the patient continues to receive Medicaid for expenses caused by the original malpractice. This is a case that could have a significant impact and needs to

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First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment

In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims, granting summary judgment to the Board of Education of the City of New York (Board of Ed.), because Plaintiffs’ expert failed to quantify Plaintiffs’ exposure to allergens, which allegedly caused her asthma and because Plaintiffs’ expert failed to specify what level of exposure in general would cause the disease. Cleghorne sued various entities, including the Board of Ed., alleging that the conditions in her classroom at the New School for

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New York Courts Continue to Deem Social Networking Sites Discoverable

As reported in the New York Law Journal, more and more New York courts have applied a liberal standard to the discoverability of a plaintiff’s social media information in personal injury or medical malpractice claims.  How significant can a plaintiff’s social media information be to a case?  In Romano v. Steelcase, a case venued in Suffolk County, the plaintiff’s MySpace and  pages proved to be crucial.  In that case, the plaintiff claimed to have sustained permanent injuries, and as a result, could no longer participate in certain activities. However, the defendant contended that plaintiff’s MySpace and Facebook pages revealed that

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Wrongful Death Suit Tossed for Staten Island Man Killed by Pit Bulls

Recently, a Staten Island judge found that the City had no “special duty” to protect a dog bite victim and held the City not liable for damages to the family of a 90-year-old man who died as a result of injuries by two dogs. Recently, Staten Island Supreme Court Judge Thomas Aliotta dismissed a $7 million lawsuit against the City filed by the family of a 90-year-old man who was killed by two dogs in Port Richmond.  In doing so, he ruled that the City had no “special duty” to protect Henry Piotrowski from the dogs that eventually killed him, even

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Social Media and the Law – Evolving and Inconsistent

As of June 2012, Twitter had over 500 million users and Facebook had 955 million active users monthly. If you’re reading this blog, you likely have an account with either these services, or any number of other social networking sites. As technology progresses, more and more individuals use these sites daily. With the growing threat of identity theft, these services adapt their privacy settings to allow users to protect and shield their activity and personal information from the public at large. But what does that mean to the Courts? Unfortunately, our judicial system has not kept up with the rapid

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