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U.S. Seeking Share of Payout on Implants
Nine years and at least $1 billion ago, class-action plaintiffs settled their claims with makers of silicone breast implants. But one rather weighty party remains unhappy with the deal ' the United States government.
Lawyers with the U.S. Department of Justice have argued since the settlement was announced in 1994 that taxpayers should be reimbursed for Medicare payments made on behalf of women who claimed implants caused them to get sick. Lower courts have disagreed, but on January 10, a three-judge panel of the 11th U.S. Circuit Court of Appeals heard oral arguments on the matter. Exactly how much is at stake is unclear. Because of the intimate nature of the breast implants, the settlement kept the names of the plaintiffs confidential. The government claims that this makes it impossible to figure out which members of the class received the Medicare benefits it wants reimbursed.
Lawyers for the implant makers respond that the government has much of that information in its own files and that it failed to ask for the information in a timely or systematic way. Moreover, they argue that federal law does not entitle the government to collect insurance reimbursements from defendants. A federal judge in the Northern District of Alabama, where the class case was based, agreed with the defendants and dismissed the government's suit in 2001 because the government could not identify the women who got Medicare money.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?