Category: Litigation
I'll Take a Double - Or The Danger of the Double-Recovery Provision under Medicare Secondary Payer Statute
Many of you are aware of the Medicare Secondary Payer Act, or MSP. It was enacted to stop cost-shifting from a third party who is responsible for payment of medical costs onto Medicare. We see this issue arise in workers' compensation when an employer/insurer contests responsibility for medical treatment...
Forgot to Mention One Little Thing: Santa Baby and Complete Accounts of Employee Misdeeds
In the holiday song that I most often picture sung by the woman portrayed in Madonna's Material Girl , this year my mind shifted away from diamond rings and men with the "cold hard cash" to what occurs when we "forget" to add something to our list. While the...
The Meaning of “Rosebud” Isn’t Just a Citizen Kane Issue Anymore: EEOC Suit Without An Aggrieved Individual Survives Motion to Dismiss
On Tuesday, the U.S. District Court for the Northern District of Illinois ruled that the EEOC does not have to identify any specifically aggrieved individual to pursue a race bias lawsuit under Title VII of the Civil Rights Act. The case, EEOC v. Rosebud Restaurants, Inc. , alleges that...
