Document(s) published by this organization: 55
Show: results per page
|Two Early New Year's Gifts from CMS and the OIG Concerning the Donation of Electronic Health Records|
Carol D. Scott; Hinshaw & Culbertson LLP;
January 10, 2014, previously published on January 7, 2014In 2006, the Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services (DHHS) published a Final Rule that provided an exception to the Stark Physician Self-Referral Law (42 USC Section 1395nn, Section 1877 of the Social Security Act) for the donation of...
|Court Finds that Statute Eliminated the Distinction Between Agents and Brokers|
Donald A. O'Brien; Hinshaw & Culbertson LLP;
January 6, 2014, previously published on December 30, 2013Plaintiffs brought an action against an insurance agent and the insurance carrier seeking damages for the agent's negligence in procuring automobile insurance that did not name the insured's girlfriend and her son as insureds. When the girlfriend's son was struck by a vehicle while riding his...
|Under Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause|
Patricia Lynch Franklin, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
December 27, 2013, previously published on December 23, 2013The United States First Circuit Court of Appeals, considering Maine law, determined that an arbitration clause in an attorney-client engagement letter was enforceable. The attorneys were not required to advise the client to obtain the advice of independent counsel, and were not required to discuss...
|Is Section 2-622 a Dead Letter After Gauto?|
Jason K. Winslow; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013On September 5, 2013, the Illinois Appellate Court, Fifth District, published a written opinion in Rickie Fox and Ruth Fox v. Suzanne Gauto, Executor of the Estate of Nelson Gauto, deceased, a medical malpractice case. The Gauto Court grappled with the issue of what standard applies when...
|Plaintiffs Beware - Case Law Updates|
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013Two decisions out of the Illinois Appellate Court, First District, are significant medical malpractice cases for physicians, hospitals, risk managers, insurance carriers and their counsel, one decision reflecting the importance of diligent opposition to plaintiff's late expert disclosures and the...
|The IRS Will Treat Lawfully Married Same-Sex Couples as Married For All Federal Tax Purposes|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013The IRS issued IR 2013-72 and Revenue Ruling 2013-17 on August 29, 2013. By doing so, the IRS has resolved one of the key issues which was left open by the Supreme Court’s decision in U.S v. Windsor. It is now clear that the IRS will treat lawfully married same-sex couples as married for all...
|Trustees of Irrevocable Life Insurance Trusts Need to Beware|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Being the trustee of an irrevocable life insurance may come with personal liability if the trustee is unaware of his or her duties and breaches such duties as a result. Unless liability is limited in the respective trust agreement and such restrictions are enforceable under state law, a trustee can...
|Negligent Attorney Not Entitled to Setoff For His Attorney's Fees|
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on December 4, 2013In its review of two questions of first impression, the Iowa Supreme Court: 1) accepted the majority view that no setoff is available to a negligent lawyer; and 2) court awarded interest to the legal malpractice plaintiff from the likely date of the judgment in the underlying case.
|Estate Planning Developments in Florida|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Because Florida’s estate tax is tied to the federal state death tax credit, Florida’s estate tax will remain dormant for the foreseeable future.
|The California Court of Appeal Bars Assignee's Claim Against Broker Under the Superior Equities Doctrine and Refuses to Expand Broker's Duty to Procure Insurance|
Daniel S. Clark; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on November 21, 2013The assignee of an insured sought to expand the current duty of a broker to impose implied obligations to procure prior-competed-work coverage, even when not requested by the insured. Before reaching this issue, the Court of Appeal for the Fourth Appellate District, in an unpublished decision,...