Posted By: James A. Dressman, III | email: jdressman@dbllaw.com
For most, having a will and other estate planning documents is a chore which no one enjoys. Once completed, there is a feeling of great satisfaction in completing the arduous task and the documents are placed in a special place for safe keeping and soon forgotten.
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Posted By: Stephen Burke | email: sburke@dbllaw.com
You don’t have to watch the TV series “The Office” to know about very odd things that can happen in the workplace. Perhaps you’ve seen employees arm-wrestle each other at work. Maybe you’ve chased a stapler-thieving co-worker down the hall. Or perhaps you asked someone to hand you a hammer, but they threw it at you instead. If so, you have entered the grand domain of “horseplay,” and that one word alone is enough to jeopardize workers’ compensation coverage.
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Posted By: Joseph Cleves | email: jcleves@dbllaw.com
After years of ambiguous cases, the Kentucky Supreme Court recently clarified Kentucky’s position on the economic loss doctrine in Giddings & Lewis, Inc. v. Industrial Risk Insurers, Nos. 2009-SC-000485-DG, 2009-SC-000825-DG, 2011 WL 2436154 (Ky. June 16, 2011). When a defective product damages only itself, the economic loss doctrine bars tort claims, limiting recovery to contractual remedies. Economic losses primarily “deprive the purchaser of the benefit of his bargain,” and thus contract law is the appropriate remedy for such losses. Economic losses often include costs for repair or replacement of the product itself, lost profits, and other similar losses. On the other hand, when a defective product injures people or other property, tort claims remain appropriate remedies.
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Posted By: Joseph Cleves | email: jcleves@dbllaw.com
Whispering Farms is a sprawling, upscale, residential development in suburban Cincinnati. The neighborhood boasts spectacular views of the Great Miami River, wooded lots and large homes. What Whispering Farms doesn’t have, however, might surprise you: Roads
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Posted By: David Dirr | email: ddirr@dbllaw.com
The Centers for Medicare and Medicaid Services (CMS) released the much-anticipated proposed regulations governing Accountable Care Organizations (ACOs) on March 31, 2011, and so far their reception by the healthcare industry has been decidedly negative.
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Posted By: James Dietz | email: jdietz@dbllaw.com
The Centers for Medicare and Medicaid Services (CMS) has issued a final rule that will deny Medicaid payments to providers delivering services in the treatment of preventable healthcare-acquired illnesses or injuries.
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