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When HMOs put profits over patients
Linda Peeno and Theodore J. Leopold
In the era of managed care, many critical decisions about
patient care have been transferred from doctors to HMO
corporate executives concerned primarily about their companies’
financial health. Understanding the complexities of managed
care will help you win compensation for the injured.
Partners in crime
Steven O. Sidener
Enron, WorldCom, and other publicly traded corporations
teamed with accountants, lawyers, bankers, financial advisers,
and others to defraud investors. Lax regulations let them
do so without raising the suspicion of industry watchdogs.
Courts have begun cracking down on secondary actors—a
shift that may restore trust in the integrity of U.S.
equity markets.
Holding the accountant accountable
Colleen Duffy Smith
Accountants who do not exercise reasonable care are subject
to liability for negligence. If your client has a contractual,
first-party relationship with an accountant, your path
to success in court is likely to be smooth. Third-party
claimants can also file suit, but proving their claims
requires more evidence and effort.
Protect investors from brokers’
stock scams
Pat Huddleston II, Rhon E. Jones, and Jason L. Nohr
Merrill Lynch duped brokerage customers into buying stocks
it claimed were sure bets but knew were certain losers.
The motive: lucrative investment-banking business from
companies whose stocks it touted. Investors who got fleeced
can bring private actions.
Remedies for wronged investors
Howard L. Nations
Recent laws and court decisions have limited the federal
remedies available to victims of securities-related corporate
misconduct, forcing plaintiffs to pursue justice in state
courts. Winning compensation is difficult, but it can
be done.
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Feature
Saving state law bad-faith claims
from preemption
Donald T. Bogan
Congress did not enact ERISA to limit the rights of employee
benefit plan participants, but many court rulings have
had that effect. Although courts have held that the act
preempts state law bad-faith claims, the author presents
15 arguments to the contrary.
When bad things happen to good
people
Christine A. Bremer
Families who have lost a loved one to a sudden tragedy
often seek legal counsel regarding a wrongful death claim
in the early stages of their grief, when they are still
stunned by their loss and emotionally fragile. Compassion
and sensitivity are crucial when helping these clients
hold culpable parties responsible.
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News & Trends
‘Comprehensive law’ makes
the case for a kinder, gentler law practice
ERISA does not preempt state medical
malpractice suit, Second Circuit rules
Diabetic patient loses leg and lawsuit
against HMO
Cities, states not required to ensure
competence of rescue services, Third Circuit rules
Freed ex-convict can sue public
defender’s office
Former partner of lesbian mother
ordered to pay child support
Whistleblowing pays off for federal
government
Departments
President's page
The human face of the medical malpractice
debate
Washington focus
Another round of asbestos legislation
Supreme Court review
Death and double jeopardy
Good Counsel
Reflections
A commonsense approach to financial
fraud cases
Discoveries
Quotes
Books
Lawyers, Lawsuits, and Legal
Rights
by Thomas F. Burke
The Supreme Court in the Intimate
Lives of Americans
by Howard Ball
Classifieds
Classifieds
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