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A Mistake Reveals an Economic Reality
A slew of new federal taxes related to the Patient Protection Affordable Care Act (PPACA) took effect January 1, 2013. Like most taxes, the tax imposers will try to mask the impact by aggregating them...
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Expired Payroll Tax Cut “Holiday”: New Survey Data Indicates Not Good News...
Despite both Congress’ and the White House’s constant rhetoric of “maintaining current tax rates for a majority of working Americans during the “fiscal cliff” negotiations, most working Americans are...
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Sometimes it’s the reputation, not the money
When a nursing home faces alleged medical malpractice, it may often be the case that the individual lawsuit is not the biggest economic problem it faces. The Rainbow Beach Nursing Center in Chicago is...
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How much money would Hulk Hogan make for the rest of his life?
If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which...
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Personal Injury Lawsuits Against NFL Will Increase if Junior Seau’s Family is...
With the SuperBowl coming up next weekend and many players suffering from some sort of injury sustained during the season, the recent wrongful death lawsuit filed by the family of former pro football...
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Does anyone NOT know the key differences between CA versus TX? Anyone…?
Both the business and residential climates in California versus Texas are long known to be diametrically opposed: one is a more progressive state advocating social justice at a “cost” of higher taxes...
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A Career in Agriculture May be One of Your Better Choices
More economic data supports an increasingly talked about practical career choice: agriculture. Most students do not even consider the study of agriculture. Most schools/colleges do not even offer...
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Surgical “Never Events” Really do Happen
Many people that think they have suffered from medical malpractice fail to pursue and file a legal claim because of the challenges that lie ahead (e.g., legal fees, risk of the claim not succeeding,...
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Lost Compensation Settlement Tool Allows You to Assess Economic Damages...
Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts. Independent damages experts are...
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Law and Economics Unite for the Greater Good? In Theory, but Maybe Not in...
A fifth U.S. Circuit Court of Appeals recently upheld Mississippi’s $1 million cap on what Plaintiffs can recover for pain and suffering (aka non-economic damages) in personal injury cases with...
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Consideration of Taxes in a Lost Earnings Calculation
Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount. In the well-known 1980 Supreme Court case, Norfolk & Western Railway...
View ArticleStatute of Limitations Interpretation on Filing a Medical Malpractice Suit...
Many states have laws requiring patients to file medical malpractice claims by a defined time period. If the patient misses the defined time period, he/she may see the claim quickly tossed. However,...
View ArticleMedical Device Manufacturers May be Fighting More Personal Injury Lawsuits in...
The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred...
View ArticleLost Earnings Claim Getting Way More Press Than it Deserves
Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity. However, it appears that...
View ArticleThe Appropriate Discount Rate in a Lost Earnings Claim
Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to...
View ArticleMedical Diagnostic Errors are the Primary Cause of Malpractice Claims
Based on a Johns Hopkins University study, a prior blog post provides some alarming statistics on surgical “never events” (a term used in the medical community to describe a preventable surgical event...
View ArticleStatistical Sophistication Would Have Provided a Different Liability Answer
Economists and other financial experts are often hired to assess damages, assuming liability. However liability can sometimes be established or disproven based on statistics. For example, in a...
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States Continue to Search for Ways to Save on Judicial Resources
Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved. The states’ judiciary systems are just one of the many; attempting to save...
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Surgical “Never Events” Really do Happen
Many people that think they have suffered from medical malpractice fail to pursue and file a legal claim because of the challenges that lie ahead (e.g., legal fees, risk of the claim not succeeding,...
View ArticleStates Continue to Search for Ways to Save on Judicial Resources
Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved. The states’ judiciary systems are just one of the many; attempting to save...
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