Healthy law, citrus canker, and new rules for e-payments to save MDs billions, with grilled squash dipped in rosemary oil

Insurance -- Uninsured motorist -- Attorney's fees -- Contingent award -- Appeals -- Certiorari -- Order awarding contingent attorney's fees in action against insurer for uninsured motorist benefits, although a departure from essential requirements of current law, will not cause any irreparable damage to insurer -- Order is essentially preemptive determination of issues that may or may not arise in subsequent action for bad faith, and the relevance of the order in a subsequent lawsuit is a matter for resolution by judge in that proceeding
GEICO INDEMNITY COMPANY, Petitioner, v. POLLIE DeGRANDCHAMP, Respondent. 2nd District.

Automotive: LAND ROVER'S STRIKE MOTION 'BASELESS,' PLAINTIFFS SAY, In re Land Rover LR3 Tire Wear Prods. Liab. Litig., 19 No. 9 Westlaw Journal Class Action 15, Westlaw Journal Class Action October 22, 2012 Plaintiffs who say certain Land Rover vehicles have wheel alignment problems have told a California federal judge that the automaker's motion to dismiss their class-action claims misstates the law and has no merit. Jaguar Land Rover North America wants U.S. District Judge Andrew J. Guilford of the Central District of California to toss all claims involving a putative nationwide class. But the plaintiffs counter in their opposition brief that Land Rover's motion is "premature and baseless".

Property Compensation: MIAMI APPEALS COURT OKS CLASS IN CITRUS CANKER SUIT, Fla. Dep't of Agric. & Consumer Servs. v. Lopez-Brignoni, 19 No. 9 Westlaw Journal Class Action 16, Westlaw Journal Class Action October 22, 2012 More than 80,000 Miami-Dade county homeowners can seek compensation as a class from the state for nearly 248,000 healthy trees the Florida Department of Agriculture cut down to eradicate citrus canker disease, a state appeals court has held. In a 2-1 decision, the 3rd District Court of Appeal affirmed a Miami-Dade County trial judge's class certification in the decade-old litigation in which the plaintiffs seek replacement costs for the trees.

Health Care Reform: HHS: NEW RULES FOR ELECTRONIC PAYMENTS WILL SAVE DOCTORS BILLIONS, 18 No. 3 Westlaw Journal Health Care Fraud 5, Westlaw Journal Health Care Fraud September 26, 2012 New federal rules covering electronic claims payments will "cut red tape" and could save health care providers and insurers $9 billion over the next 10 years, the U.S. Department of Health and Human Services says. The interim final rules, which are required under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, will make it easier for doctors to receive payment electronically and reduce "inefficient manual administrative processes," according to an Aug. 7 statement from HHS.

Torts -- Settlement -- Medicaid lien -- Medicaid recipient has right to seek a judicial determination of what portion of a personal injury settlement is subject to a Medicaid lien and reimbursement to the state -- Section 409.910 creates a presumptively valid allocation of settlement proceeds subject to a Medicaid lien when the Agency for Health Care Administration does not participate in the settlement agreement, and U.S. Supreme Court ruling in Arkansas Department of Health & Human Services v. Ahlborn does not invalidate the allocation set forth in that statute -- However, a plaintiff should be afforded an opportunity to seek reduction of Medicaid lien amount established by the statutory default allocation by demonstrating, with evidence, that the lien amount exceeds the amount recovered for medical expenses -- Conflict certified
ALAN ROBERTS, Appellant, v. ALBERTSON'S INC., B.H.A., L.L.C., and SEBASTIAN RAPISARDA, Appellees. 4th District.

The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL or HEALTH & INSURANCE Recent Decisions of Interest.