Justice for Victims in Raleigh: Car, Truck & Motorcycle Accidents and Sexual Abuse Claims Blog

IIn the matter of HCW, et al v HCW et al, the NC Court of Appeals has ruled that the taking of a deposition (utilization of discovery) in a matter where the legal dispute can be arbitrated works as a waiver of the arbitration process. The HCW opinion “As a result, North Carolina’s waiver-related jurisprudence…

http://news.yahoo.com/trial-priest-joked-abusing-3-boys-week-205857367.html# Trial: Priest joked about abusing 3 boys in week By MARYCLAIRE DALE | Associated Press – 17 hrs ago PHILADELPHIA (AP) — Jurors in a landmark priest-abuse trial heard Monday about a priest-turned-camp prowler and another who allegedly bragged about having sex with three boys in one week. Also Monday, two jurors were replaced by alternates, but a gag…

If you are interested in hearing how the 4th Circuit came to the decision in E.M.A. v Cansler, wherein the Court held that NC’s Medicaid lien statute was not in compliance with the requirements for subrogation as set out in Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) the audio link is posted below.…

Finally! After about 7 years of multiple protracted litigation on three separate cases, the United States Court of Appeals for the 4th Circuit has established in the matter of E.M.A. v. CANSLER, that Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) is the law of North Carolina and that the NC Supreme Court…

I was sent this brief “idiot’s guide” to dealing with Medicare and thought it was an excellent summary of the process. I’ve posted it in full, along with the contact information for a company that will help with the lien resolution process. I am not endorsing their product as I have never used their services.…

New Fixed Percentage Option For Medicare’s Recovery Claim The Centers for Medicare & Medicaid Services will be implementing a new and simple fixed percentage option that will be available to certain beneficiaries beginning November 7, 2011. This option is available to beneficiaries who receive certain types of liability insurance (including self-insurance) settlements of $5000 or…

Lawyers: The North Carolina Supreme Court Historical Society invites you to attend the 20th Annual Meeting and Dinner on Thursday, October 27, 2011. The dinner will be at the Carolina Country Club, 2500 Glenwood Avenue, in Raleigh, North Carolina. The reception starts at 6:00 PM and dinner starts at 7:00 PM. The speaker will be…

Two Hundred and Thirty-five years ago to the day, North Carolina was the first of the Colonies to authorize its delegates to declare independence from Great Britain. So how is this relevant to “tort reform” and the pending legislation called Senate Bill 33 in the North Carolina House? Well, this law, proposed by Rep. Johnathan…

Rhino says collateral source is out of bill. Punitives clarified that no attorney fees will be paid on punitive 75% paid to state. 2.3a. Med mal changed from 250 per defendant to 500k total not per defendant. Change page 7 and 8. Products Provisions in products bill apply only to Drugs no other products. Same…

The North Carolina Legislature is considering passing a law which was written, largely, by multinational pharmaceutical corporations. The Bill would make NC the worst state in the nation in terms of protecting its citizens from wrongdoers. The legislators who have bought into the corporate lobbyist’s money agenda in Senate Bill 33 would gladly sacrifice the…