Publications

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Fraud Act and RICO Claims Belong in Court, Says NJ Appellate Court

Mount Laurel
Fraud/Special Investigation
The ongoing battle over whether disputes under the Insurance Fraud Prevention Act (the Fraud Act) and the New Jersey Anti-Racketeering Act (RICO) can be litigated in court recently resulted in a favorable determination for insurance carriers in th SIU Spotlight, Issue 2, Vol. 1, March 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers.
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Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is Unconstitutional as Applied

Cleveland
Health Care Liability
On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of an infection he contra [1] A party may challenge the constitutionality of a statute in two ways: facially or as applied. A facial challenge applies to every conceivable circumstance in which the statute would be valid. Legal Updates for Health Care Liability – February 25, 2025
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Petition to terminate total disability benefits for claimant who had light-duty restrictions that could not be accommodated denied; claimant had reasonable expectation of returning to pre-injury job with same employer when his condition improved.

Wilmington
Workers' Compensation
On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his first treating surgeon passed away. What’s Hot in Workers’ Comp, Vol. 29, No.
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Treatment with authorized provider tolls statute of limitations, although treatment occurred without employer/carrier’s knowledge and was billed to private health insurance, as it was similar in nature to previously authorized treatment.

Jacksonville
Workers' Compensation
The First District Court of Appeal issued another opinion in the ongoing statute of limitations saga triggered by the 2023 opinion in Ortiz v. Winn-Dixie, Inc., 361 So. 3d 889 (Fla. 1st DCA 2023) (Ortiz I). What’s Hot in Workers’ Comp, Vol. 29, No.
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