DCA Blog

Medicare Reporting Requirements

Following the event of an accident, Medicare beneficiaries can expect Medicare to cover the resulting health care costs. This coverage comes with strings attached, however, as Medicare recipients are subject to strict requirements for reporting accidents and any ensuing tort claims

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Supreme Court Clarifies Bankruptcy Court Jurisdiction over Stern Claims, But Declines to Rule on Issue of Consent

In 2011, the Supreme Court issued a decision that shook up the bankruptcy world. In Stern v. Marshall, 131 S. Ct. 2594 (2011), the United States Supreme Court held that because they were not created under Article III of the Constitution, bankruptcy courts lack constitutional authority to enter final judgments on common law counterclaims that are independent of the federal bankruptcy laws, even if such claims constitute “core proceedings” as defined by 28 U.S.C. § 157. Recognizi ...

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DCA Partners on Lender Liability: Good Faith Is Critical

Drew, Cooper & Anding partners John Anding and Ted Westbrook shared some of the insights they have gained from years of representing clients--both plaintiffs and defendants--in bank litigation in a recent article published in the Michigan Bar Journal, Banks Bona Fide: A Good-Faith Approach to Lender Liability.  In the article, Anding and Westbrook relate some of the challenges faced by individuals and small businesses who have been victims of wrongful conduct by banks or have been ...

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Mortgage Holders Cannot Sustain Class Action Against Bank Of America

After the recent economic collapse, a number of homeowners struggled to keep up with their mortgage payments. In response, the federal government established the Home Affordable Modification Program (HAMP) to help homeowners and banks come together to refinance underwater mortgages. The hope was that more people could stay in their homes, which would slow down the devastation following the housing market crash. Many homeowners applied for the program but allegations began surfacing that banks we ...

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RadioShack Customers Allege Violations of Federal Law - Settlement of Class Action is Pending

Customers of RadioShack should be aware of Redman, et al. v. RadioShack Corporation, Case No. 11-C-6741, a class action lawsuit filed in the Federal District Court for the Northern District of Illinois. In the lawsuit, RadioShack customers allege that RadioShack stores unlawfully printed their credit card information on purchase receipts in violation of the Fair and Accurate Credit Transactions Act (“FACTA”). FACTA is a federal law, enacted to combat identity theft, which requires ...

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