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Download or read book Hooper V. Demco, Inc written by and published by . This book was released on 1994 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hooper V. Demco, Inc written by and published by . This book was released on 1994 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Daill V. Sheet Metal Workers' Local 73 Pension Fund written by and published by . This book was released on 1996 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary L. Wickert
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233291
Total Pages : 1300 pages
Book Rating : 4.5/5 (782 download)
Download or read book ERISA and Health Insurance Subrogation in all 50 States - 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Author : John E. Kirklin
Publisher : Wolters Kluwer
ISBN 13 : 073551187X
Total Pages : 664 pages
Book Rating : 4.7/5 (355 download)
Download or read book Statutory Attorney's Fees 1983 written by John E. Kirklin and published by Wolters Kluwer. This book was released on 1999-08-01 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the attorney's fees stage of a Section 1983 case. Attorney's fees are of immense practical importance to litigants and attorneys involved in state or federal litigation, especially concerning claims in which congressional fee-shifting statutory provisions apply. Since you could win or lose considerably more for your client in the attorney's fee stage of the case than in the underlying case, you'll need this guide to stay on top of the latest developments on attorney's fees, and to argue your positions more effectively. This volume shows you everything on seeking or opposing attorney's fees under Section 1983 . You can easily use the information to evaluate statutory fee issues arising in other similar federal fee-shifting statutes. Also available as part of the Section 1983 Litigation Complete Six-Volume Set .
Author : James F. Jorden
Publisher : Wolters Kluwer
ISBN 13 : 1454862068
Total Pages : 1026 pages
Book Rating : 4.4/5 (548 download)
Download or read book Handbook on Erisa Litigation written by James F. Jorden and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1158 pages
Book Rating : 4.:/5 (8 download)
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2000 with total page 1158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.3/5 (243 download)
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2001 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 838 pages
Book Rating : 4.F/5 ( download)
Download or read book West's Federal Practice Digest 4th written by and published by . This book was released on 2004 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 506 pages
Book Rating : 4.0/5 ( download)
Download or read book West's Federal Practice Digest written by and published by . This book was released on 2000 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1024 pages
Book Rating : 4.:/5 (5 download)
Download or read book DePaul Journal of Health Care Law written by and published by . This book was released on 1996 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew J. Ruzicho
Publisher :
ISBN 13 :
Total Pages : 1840 pages
Book Rating : 4.E/5 ( download)
Download or read book Employment Law Checklists and Forms written by Andrew J. Ruzicho and published by . This book was released on 1991 with total page 1840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1176 pages
Book Rating : 4.E/5 ( download)
Download or read book BNA Pension & Benefits Reporter written by and published by . This book was released on 1994-07 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.E/5 ( download)
Download or read book Employee Benefit Issues written by and published by . This book was released on 1996 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1188 pages
Book Rating : 4.F/5 ( download)
Download or read book Equal Employment Law Update written by and published by . This book was released on 1997 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1026 pages
Book Rating : 4.:/5 (51 download)
Download or read book The United States Patents Quarterly written by and published by . This book was released on 1929 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter David Blanck
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1340 pages
Book Rating : 4.F/5 ( download)
Download or read book Disability, Civil Rights Law, and Policy written by Peter David Blanck and published by West Academic Publishing. This book was released on 2009 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook examines the development of disability rights law and policy in the United States and abroad and can be used as either a law or graduate school teaching tool. It gives a complete and current treatment of the Americans with Disabilities Act and the recently passed ADA Amendments Act, including the background of the statute's passage, definition of disability, discrimination in employment, public services, and public accommodations. It also gives in-depth coverage of other important federal disability discrimination statutes like the Individuals with Disabilities Education Act, Rehabilitation Act, and Fair Housing Amendments Act. This book is unique in that it offers extensive coverage of the rapidly developing area of international disability law, through discussion of the new UN Convention on Rights of Persons with Disabilities and related developments. The authors also discuss state-level disability discrimination law, as well as current policy issues involving taxation, health policy, and technology.
