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A health care provider who received assignment of PIP benefits from an insured is not obligated to furnish to the insurer information with respect to the provider's ownership structure, billing practices and regulatory compliance.
New Jersey • Fraud/Special Investigation • October 1, 2012
In this New Jersey Supreme Court action, the court affirmed, on different grounds, the Appellate Division's determination in Selective Ins. Co. of Am. V. Hudson E. Pain Mgmt., 416 N.J. Super. 418 (App. Div. 2010). The Court held that an..., Case Law Alert - 4th Qtr 2012
Pennsylvania legislature moves forward with public-private partnerships for transportation infrastructure projects.
Pennsylvania • Architectural, Engineering and Construction Defect Litigation • October 1, 2012
On July 5, 2012, Pennsylvania Governor Tom Corbett approved the modernization of the procurement of infrastructure projects in Pennsylvania. The Governor signed legislation that authorizes public-private partnerships (P3) for road, transit and other..., Case Law Alert - 4th Qtr 2012
Physician Assistants (PAs) are not authorized to perform the electrodiagnostic test known as needle electromyography (EMG).
New Jersey • Fraud/Special Investigation • October 1, 2012
In this New Jersey Supreme Court action, the Court affirmed the Appellate Division's determination in Selective Ins. Co. of Am. v. Rothman, 414 N.J. Super. 331 (App. Div. 2010). In affirming the Appellate Division, the Supreme Court essentially..., Case Law Alert - 4th Qtr 2012
As a matter of first impression, the Supreme Court determined that Delaware's motor vehicle law requires an insurer to provide PIP coverage under a Delaware policy for an insured who is insured as a pedestrian in Delaware by a Delaware-insured car.
Delaware • Automobile Liability • October 1, 2012
As a matter of first impression, the Supreme Court affirmed the Superior Court's holding that Delaware's automobile insurance statute requires an insurer to provide personal injury protection coverage under a Delaware policy for an insured..., Case Law Alert - 4th Qtr 2012
A written opinion by a medical expert that is neither sworn, notarized nor otherwise verified is not sufficient to meet medical malpractice pre-suit requirement for a "corroborating medical expert opinion" pursuant to §§ 766.203 and 766.206, Fla. Stat.
Florida • Health Care Liability • October 1, 2012
The plaintiffs, a husband and wife, brought suit against the wife's orthopedic physician and the physician's practice, alleging medical malpractice during the performance of a knee replacement surgery. Attached to the plaintiffs'..., Case Law Alert - 4th Qtr 2012
Appellate court seeks instruction from Supreme Court as to whether an estranged husband who intentionally directed that title be issued in his name as co-owner may avoid liability under the dangerous instrumentality doctrine.
Florida • Automobile Liability • October 1, 2012
Following a fatal collision, the appellant's personal representative filed an action against a drunk driver and appellee, the deceased-driver's estranged husband. The driver and the husband separated in 1999. In 2003, after the conclusion of..., Case Law Alert - 4th Qtr 2012
Employer medical facility or hospital can remain vicariously liable for an employee-physician who is dismissed pursuant to the statute of limitations.
New Jersey • Health Care Liability • October 1, 2012
In this medical malpractice suit, a deceased patient's family sued a hospital and medical group, along with four physicians it employed, for wrongful death and medical malpractice. One of the doctors moved to dismiss the complaint based upon an..., Case Law Alert - 4th Qtr 2012
An owner of a vehicle, who prevails over a tow truck company for failure to comply with notice requirements and to make a good faith effort to determine and locate the owner, is not entitled to recovery of vehicle.
Florida • Automobile Liability • October 1, 2012
In a suit brought by the appellee owner of a vehicle against the appellant towing company, alleging conversion and civil theft arising out of the towing of the vehicle, the trial court granted a motion for vehicle release filed by the owner. The..., Case Law Alert - 4th Qtr 2012
The defense may retain plaintiff’s treating physicians as expert witnesses.
New Mexico • Health Care Liability • October 1, 2012
In this suit on behalf of several hundred plaintiffs against Johnson & Johnson and Ethicon, Inc. for alleged injuries caused by medical devices, the Appellate Division concluded that a physician’s treatment of a plaintiff cannot bar the..., Case Law Alert - 4th Qtr 2012
Discovery of Facebook information: judge provides helpful analysis for discovery, which is governed by Pa.R.C.P. Rule 4011. Courts must balance whether discovery causes "unreasonable" annoyance, embarrassment and oppression.
Pennsylvania • Automobile Liability • October 1, 2012
Pennsylvania Court of Common Pleas Judge Wettick has provided the public with a thoughtful overview and analysis of the discoverability of information on plaintiffs' and defendants' Facebook pages. After providing a review of judicial..., Case Law Alert - 4th Qtr 2012

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