Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

August 2012 Archives

The Roberts Healthcare Decision: A Victory or a Defeat for the Obama Presidency and Our Country?

Both liberals and conservatives werestunned by the majority decision written by Chief Justice John Robertsupholding the constitutionality of the federal healthcare legislation formallyknown as the Patient Protection and Affordable Care Act. In the wake of the Court's decision, manyare left wondering how Justice Roberts came to join with the four liberalJustices to write one of the most important constitutional opinions in thehistory of the Supreme Court. Many observers have offered their views over whatis now known to be a last minute change of heart for Justice Roberts, whoreportedly had originally favored striking down the law.

Wells Fargo Settles Predatory Lending Charges

The United States Department of Justice recently announced a settlement with WellsFargo over allegations that independent mortgage brokers who placed loans withWells steered Hispanic and African-American borrowers into high-interest loans. Theallegations stem from a practice called "yield spread premium" that put thousands ofdollars per loan in brokers' pockets; but, has been denounced by consumer advocates andCongressional Democrats.

Court to Consider Legal Defense Favored by Doctors, Businesses

Contributory negligence is a complete bar to recovery -- that means that if the plaintiff ina lawsuit has contributed in any way to the accident for which he is suing, his case willbe thrown out of court. When a case is filed, defense attorneys scour the case for waysin which the plaintiff could have contributed to the accident. In a move that has alarmedMaryland businesses and groups representing physicians, Maryland's Court of Appealshas decided to hear a case that asks the court to replace contributory negligence withcomparative negligence.

Arbitation - The Advantages and Disadvantages

Arbitration - a means for settling disputes out of court - has found increasing favor withmajor corporations and some physicians. Mandatory arbitration clauses are becomingmore and more common. Unfortunately, many consumers and job seekers are findingthat, as a condition to purchasing a product or obtaining employment, they have waivedtheir right to a jury of their peers if things go wrong.

Court of Appeals Rules on Cases Involving Missing Plaintiff and Board Certification

How far should a plaintiff have to go in making sure that all the possible participants areincluded in a wrongful death lawsuit and does board certification matter in a medicalmalpractice lawsuit are issues that were debated in two cases recently decided byMaryland's appellate courts.

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