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Interpreting ‘Beneficiary’ Under the Fraud and Abuse Control Act
The Legal Intelligencer
November 16, 2010

E.D.P. v. Clair presents an interesting tale of statutory interpretation with clear lessons for practitioners. E.D.P. resolved what the Pennsylvania Supreme Court deemed a split between the Superior Court that decided the 2007 underlying case, Bowmaster v. Clair, and the Commonwealth Court’s 2008 decision in Shaffer-Doan v. Department of Public Welfare. Full Text


New Rules Concerning Communications with Expert Witnesses
The Legal Intelligencer
November 16, 2010

In the recent Barrick v. Holy Spirit Hospital of the Sisters of Christian Charity decision, the Pennsylvania Superior Court abandoned the protection previously afforded to communications between counsel and testifying experts. Full Text


Issues to Consider in the Evolving World of Social Media
The Legal Intelligencer
November 16, 2010

In the late 1970s, when I first started practicing law, I remember the confusion and anxiety created by the newly born Discovery Rules. Since then, there have been dozens if not hundreds of books covering nearly every possible case scenario regarding the rules of evidence. Full Text



Advocacy in ADR: A Mediator’s Perspective
The Legal Intelligencer
November 16, 2010

In all types of personal injury litigation, this scenario is happening more frequently: Discovery is complete, expert reports have been exchanged, settlement appears unlikely, and the case is headed to trial. Someone suggests mediation, or if settlement is not possible, a resolution through binding arbitration. Full Text


The Medicare Secondary Payer Act: The 800-Pound Gorilla At the Settlement Table
The Legal Intelligencer
November 16, 2010

Much has been written, and even more has been discussed in noisy courthouse corridors, about the Medicare Secondary Payer Act (MSPA), as amended by the Medicare, Medicaid and SCHIP Extension Act of 2007, and its impact on the personal injury bar. Full Text


Immigration Medical Care: Detainees Are Left in the Hands of Under-Supervised Contract Caretakers
The Legal Intelligencer
November 16, 2010

In a landmark holding released in May, the U.S. Supreme Court held in Hui v. Castaneda , 2010 WL 1740524 (U.S.), that the Public Health Service Act (PHSA), 42 U.S.C.A. § 233(a), precludes Bivens-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties. Full Text