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Federal Health Care Law May Reduce or Eliminate Future Medical Expense Tort Damages
The mandatory health insurance requirement of the Patient Protection and Affordable Care Act of 2010 (PPAC) should significantly reduce the amount of tort damages recoverable for medical expenses. How?
First, under the doctrine of avoidable consequences, tort plaintiffs' damages should be limited to the lower “negotiated rates” for medical services that health care providers agree to accept from health care insurers, rather than the higher “billed rates” charged to uninsured patients for such services. Second, because the PPAC makes health insurance mandatory for everyone, it undermines the rationale historically used for application of the collateral source rule to medical expenses covered by insurance. As a result, defendants should seek to set off amounts paid by mandatory health insurance against any damages awarded for these same services.
The Doctrine of Avoidable Consequences
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
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