In the court case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, the Employee Retirement Income Security Act of 1974 was used to determine if an employee wrongfully received funds from a third party after receiving funds from the National Elevator Industry Health Benefits plan. In the court case, the petitioner Robert Montanile was driving when he was struck by a drunk driver resulting in Mr. Montanile be severely injured. The health benefit plan paid upwards in of $121,000 in medical expenses for Mr. Montanile. In order to receive such funds, Mr. Montanile was required to sign a reimbursement agreement reaffirming his obligation to reimburse the plan from any recovery he obtained "as a result of any legal action or settlement or otherwise. After exiting the hospital Mr. Monanile sought legal action against the drunk …show more content…
Ultimately Mr. Montanile won the lawsuit and was awarded $500,000 in a settlement. Due to Mr. Monaile receiving a substantial settlement from his claim on for uninsured motorist, the Board of Trustees of the National Elevator Industry Health Benefit Plan filed a lawsuit under the Employee Retirement Income Security Act of 1974 to recoup medical expenses paid to Mr. Montanile. The District Court of Florida ruled in the favor of The Board of Trustees. The Board of Trustees argued the suit fell under the ERISA which allowed insurances plans "to obtain . . . appropriate equitable relief . . . to enforce . . . the terms of the plan.” The Board sought an equitable lien on any settlement funds or property in Montanile's possession and an order enjoining Montanile from dissipating any such funds. Montanile dispute the allegation by stating he had already spent the majority of the funds and there is no
Mr. Limon’s mother retained Plaintiff to pursue a tort claim on behalf of Mr. Limon and her (collectively, the “Clients”) against the allegedly negligent driver. The negligent driver had an automobile liability policy issued through defendant Geico. Plaintiff alleges that its attorney’s fee contract with the Clients granted it a one-third contingency fee in “all monies collected” as a result of the lawsuit against the negligent driver. (Petition, ¶¶ 5.2, 5.3) 4.
However, the court contended, clarifying the fact that the defendant’s new employer handled work with individuals that had insurance and those that did not. Furthermore, the court specified that the defendant was simply using residual knowledge and experience and nothing further. (Kline & Floyd) For that reason, the court did not find in favor of the plaintiff. Ms. Lawson, however; transferred the delineated process for Ever-Gold to a competitor.
Steve Shoultz and Russell Button Reptiled this case from top to bottom. Despite stipulated liability, minor car damage, lapses in treatment, inaccurate medical records, and a difficult witness prep; Steve and Russell were able to use the Reptile to convey the hypocrisy and betrayal their client suffered at the hands of their own insurance company. We found out halfway into the article that Steve and Russell decided to forgo $40,000 of the client’s past medical bills. This is in a case where the Plaintiff’s son who was in the strike zone of the impact walked away unscathed. The client walked away unscathed, but for anxiety and pain and suffering.
The violation of statutory provisions by a landlord can qualify as a proximate cause for injuries to tenants in the case the surrounding environment was insecure and there was clear knowledge of intrusions into the given residential area. Ten Associates v. McCutchen Fla. App., 398 So.2d 860 (Fla.App. Ct. 1981). The landlord was legally obligated to positively respond to the plight of the tenants as their lease agreement put him responsible for any required repairs within the common area. The tenants, including Parker, had made numerous attempts to inform him of increased frequency of intrusion due to a broken deadbolt lock that he was mandated, according to the provisions of the statute, to promptly repair.
The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an Assisted Living Concepts , Inc. Drury had signed a Residency Agreement when his mother moved into the home, though he was not then his mother’s guardian, conservator, personal representative, or trustee and he did not have power of attorney for her. Drury’s mother suffered from dementia, chronic confusion, and memory impairment. The Residency Agreement included an arbitration provision. Drury sued ALC for wrongful death, in ALC defense they moved to compel arbitration, but the trial court denied the motion.
As you know, we previously have taken the testimony of the claimant and a lay witness for the employer. We do not have an IME in this case but we are taking the testimony of the attending surgeon, Dr. Noce. Dr. Noce testified today that he was familiar with the claimant. He said he first saw the claimant at St. Peter’s emergency room just prior
As the court found SMI is not responsible for Nurse Fink’s action. Though plaintiff stated a claim for battery but she did agree to the procedure through informed of consent. The court ruled in favor of SMI although plaintiff was being lied to about the drug she was administered with. The court decided to “vacate the court of appeals’ memorandum decision, reverse the judgment of the trial court, and remand the case to the trial court for further
Everyday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.
To conclude, according to Nathaniel Belanger statement in court the accident could not be prevented. But it did not seem to hold up because there was no evidence to prove his story. The court took sides with Swift Transportation Incorporation because they felt that Swift did not slander Belanger and had every right to report the accident on the Data Website. I feel that if Belanger had a good attorney than his attorney would have found the other people that was involve in the accident to help prove his case and maybe even get his job back. This is the case of Nathaniel Belanger v. Swift Transportation and my opinion on the
On July 3, 2007 there was another hearing. The court said that taxpayer’s award was received because of “non-physical injury”. The gross income under section 61 of the IRS code states that for “non-physical illnesses” or “injuries”, it can have income tax implemented on it. It does not matter if it is human recovery capital, it will still be taxed because it does not violate the statement of article 1 section 9, article 1 section 8, or the sixteenth amendment. It was found that Ms. Murphy was not eligible to the refund that she felt that was not taxable.
Forrester’s injuries to her left leg and head, she has been unable to return to work since the February 26, 2014 accident involving Richard Hart. Mrs. Forrester’s lost wages are $ 74,997 and she was earning $ 100,000 annually plus medical and dental benefits when the accident occurred. Per her doctors, she is not expected to return to any type of employment for another year minimum. Mrs. Forrester was placed on FMLA for the first 12 weeks of her injury but since has been terminated from her position and has a future loss of earnings capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current estimated loss value of her earning capacity combined is $100,000.
The recruiting chief told him that it was a mistake and would settle, and accept the offer now. When the increase was not given, Schoenberger resigned and filed a claim to recover damages for the contract The court of first instance ruled in favor of CTA and Schoenberger appealed. Issue The problem is that a new employee was offered a raise a promised time but the person who offered it was only a manager an employee of CTA, which, he did not have the authority or the power to do so.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Ethical dilemmas happen day to day inside of corporations and their workforce endorsing the company and its employees to react quickly. In some cases the choice an employee makes can influence more than company. A perfect case of a workplace dilemma involving ethical employees would be the situation concerning Folole Muliaga and Mercury Energy association. Along these lines, after some reflection on the outcomes and result of Mercury Energy case, the circumstance encompassing this case show some astonishing results in the result and results.