We noted briefly on Tuesday afternoon that the dyspeptic verdict for more than $330 million in the Louisiana AG action over J&J’s marketing of Risperdal had been reversed by the Louisiana Supreme Court and judgment entered for the defendants. After a little time to digest the decision, we can say that it is thoroughly satisfying
In most states, the most famous exception being Louisiana, there’s no such thing as a “direct action” against an insurance company by the allegedly injured person. That means that X (or someone claiming through X), who was allegedly injured by Y, cannot sue Z, who is Y’s liability insurer.
Well, now it appears that there
We have reported to you occasionally, but not consistently or reliably or intelligibly, about the new obligation of product liability defendants and others to report settlements and other payments on personal injury claims to Medicare authorities. See, for example, our posts titled Boring Stuff We Need to Know and More Boring Stuff We Need to
A little over a month ago we put up a boring post about changes that had been made to the Medicare Secondary Payer statute that we were sure would eventually cause our clients fits. At the time, these rather onerous reporting requirements were scheduled to go into effect on July 1, 2009 – but as
Last week we posted about the advent of onerous new reporting rules for product liability defendants with respect to Medicare Secondary Payor matters, courtesy of the Medicare, Medicaid and SCHIP Extension Act of 2007.
Apparently the government shares at least some of our apprehensions. We recently received a heads up from Alphie Nelson at Watten
Is there anything in product liability litigation as boring as Medicare liens? Putting aside document privilege reviews, or drafting answers to form complaints, that is. Some substantive area of the law?
Substantively, we’d be hard-pressed to think of anything. Back in the day – when such arguments were still possible – we got a bit