| TORT SETTLEMENTS: IS WHAT YOU SEE, WHAT YOU GET?
Settlement and Release of 3rd Party Liens in Personal Injury Cases
Sponsored with the Macaronis Institute for Trial and Appellate Advocacy and Massachusetts Academy of Trial Attorneys
Please Note: This course has already
been held.
Date: Tuesday, May 02, 2006
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:00 PM
Faculty
Schedule/Agenda
Registration Information
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Purchase Here! |
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A tort judgment for money damages may seem like the pot at the end of the rainbow. However, in practice what you win – or the settlement you negotiate – does not represent what your client actually receives. A variety of statutory and contractual liens may create interests on behalf of third parties, including state agencies, workers compensation insurers, health care providers and others. It is crucial to recognize and evaluate these interests in considering settlement and advising clients.
This seminar will discuss the sources of such third-party liens against judgments and settlements, how they are asserted, perfected and collected, the role of third-party lien holders in settlement negotiations, and the effect of settlement allocation among plaintiffs on third-party liens.
Attend and Learn:
- Types of third-party liens in tort cases
- Practical strategies for settlement of claims involving third-party liens
- How the MassHealth Payment Intercept Program works
- How to access information in the Commonwealth’s lien database
- Insurer rights under subrogation clauses
- Allocation of settlements among plaintiffs’ claims
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Joseph Glannon
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Is a member of the Suffolk University Law School faculty. He is the author of widely used student books on both Civil Procedure and Torts, published by Aspen Publishers. The fifth edition of his civil procedure text, Civil Procedure: Examples and Explanations, will be published in 2006. The third edition of his Torts book, The Law of Torts: Examples and Explanations, was published in 2005. He is also the author of a Civil Procedure review text, The Glannon Guide to Civil Procedure, also published by Aspen Publishers. He earned his JD degree from Harvard University. |
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Robert A. Curley
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Is President of Curley & Curley in Boston. His areas of practice are product liability, general civil litigation, automobiles and insurance coverage. Mr. Curley frequently participates as a faculty member in CLE programs sponsored by the MBA, MCLE, MATA, National Business Institute and the Flaschner Institute. He is a graduate of Cornell University School of Law.
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Michael Guertin
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Is the Administrative Program Manager for the Accident and Estate Recovery Program for the UMASS Medical School/Center for Health Care Financing. Mr. Guertin is a graduate of Bridgewater State College. He previously worked for Public Consulting Group concentrating on operations improvement and management advisory services to private health and human service providers. Recently, he has worked as project manager on the implementation and architecture of the MassHealth Payment Intercept Program.
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Patrick T. Jones
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Is a partner at Cooley Manion Jones LLP. His trial practice concentrates on catastrophic personal injury cases. Mr. Jones graduated from Boston College Law School. In 2004 and 2005, Boston Magazine rated him as one of the Top 100 Lawyers in Massachusetts, and he was selected for inclusion in the publication Best Lawyers in America 2006. He is currently the President of the Massachusetts Academy of Trial Attorneys, and spends a portion of his professional life serving on boards of non-profit corporations. |
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Kenneth W. Luke
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Is an Assistant Bar Counsel at the Office of the Bar Counsel. He previously worked as in-house litigation counsel for Blue Cross and Blue Shield of Massachusetts, Inc., served as an assistant attorney general, and was in private practice. Mr. Luke is a graduate of Boston University and Georgetown University Law Center. |
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Michael Willette
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Is the Casualty Recovery Manager at the UMASS Medical School / Center for Health Care Financing in Worcester, MA. He received a MBA from Anna Maria College. Michael served in the U.S. Marine Corps and has successfully managed several small businesses. He is one of the principal architects in the expansion of the Payment Intercept Program to include MassHealth and the Department of Transitional Assistance. |
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Valerie Yarashus
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Is a partner at Sugarman and Sugarman, P.C. and currently serves as the VP of the MBA. In both 2000 and 2002, she was awarded the Weidemann Wysocki “Citation of Excellence,” from ATLA. She was listed in the November 2004 and 2005 editions of Boston Magazine as a “Massachusetts Super Lawyer” in the category of “Best of Boston: Personal Injury.” She is also listed in the 2005-2006 edition of Best Lawyers in America. Valerie co-authored the sample jury instructions used by many Superior Court judges, for the chapters on “Personal Injuries” and “Wrongful Death” in Massachusetts Superior Court Civil Practice Jury Instructions, published by MCLE, Inc. She is the editor of the Personal Injury Sourcebook, also published by MCLE (2004 and 2005
editions). Valerie received her JD from Harvard Law School.
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| S C H E D U L E / A G E N D A |
| 4:00 |
WELCOME AND INTRODUCTION |
Honorable John Irwin, Director, Macaronis Institute for Trial & Appellate Advocacy
and Professor Joseph Glannon, Chair
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| 4:10 |
OVERVIEW OF THE MASSHEALTH PAYMENT INTERCEPT PROGRAM |
- Types of Liens Enforced under State Program
- Mechanism for Enforcement
- Settling Claims Where State Liens May Exist
Michael Guertin and Michael Willette THE PLAINTIFF ’S PERSPECTIVE
Negotiation of Liens and Representing Your Client Patrick T. Jones, Esq.
THE DEFENDANT’S PERSPECTIVE
Defendant’s Counsel’s Involvement in Resolving Lien Issues as an Aid to Settlement Robert A. Curley, Esq.
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| 5:45 |
PRIVATE INSURER LIENS UNDER MASS. G.L. C. 111, S. 70 |
- How Insurers Perfect and Enforce Liens; Negotiating with Private Insurers in the Course of Settlement
- Effect of Subrogation Clauses in Insurance Agreements
Kenneth W. Luke, Esq.
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| 6:00 |
WORKERS COMPENSATION LIENS ON SETTLEMENTS & JUDGMENTS |
| Negotiation with Lien Holders Allocation of Claims among Plaintiffs in Personal Injury Cases Allocation of Claims between Estate and Survivors in Wrongful Death Cases Effect of Workers Compensation Liens on Negotiation and Settlement of Personal Injury Claims Valerie Yarashus, Esq.
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| 6:30 |
PANEL DISCUSSION AND Q & A |
| Practical Issues in Dealing with Liens on Settlements and Judgments
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| Date: |
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Tuesday, May 02, 2006 |
| Tuition: |
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Tuition is $199; $149 for Suffolk alumni, members of MATA, and attorneys admitted to the Bar after 2003. The course book is included in the tuition charge.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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