BodyFelt Mount

Oregon Court of Appeals Limits Liability of Business Owners for Criminal Conduct of Third-Parties

By:  Jason Gardner

In 1987, the Oregon Supreme Court decided the case of Fazzolari v. Portland School Dist., 303 Or 1 (1987).  In this case, the court chronicled the state’s history of evaluating negligence cases, juxtaposing the concepts of “duty” and “foreseeability.”  What followed was a relative sea change for litigators in the approach to negligence cases. … Read the rest

Medicare Update: Obtaining Conditional Payment Amounts Before Settlement, The Fixed Percentage for Low Value Settlements, and The Repayment Threshold

By:  Vicki M. Smith

Settlements involving Medicare beneficiaries may have become a little easier.  A new procedure implemented in February 2012 allows a beneficiary to obtain a conditional payment amount from Medicare before settlement is reached in certain circumstances.  Additionally, satisfying Medicare’s right to recover in low value settlements has been simplified. If the settlement is $300 or less and meets certain other conditions, Medicare will not seek to recover its lien, or if the settlement is $5,000 or with less, also with some conditions, Medicare’s reimbursement can be satisfied by paying 25% of the recovery.… Read the rest

The Advance Payment Trap

By:  Laura Althouse

Introduction

In Medean v. Moeller, ___ Or. App. ___ (December 7, 2011), available at: http://www.publications.ojd.state.or.us/appeals.htm#dec11, the Oregon Court of Appeals clarified that ORS 31.555 is the only way a defendant may seek a partial satisfaction of judgment for payment of personal injury protection (“PIP”) benefits. This means that a defendant must request partial satisfaction within 14 days of entry of judgment.… Read the rest