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Lien, Subrogation, or Reimbursement: The Distinction Every Trial Lawyer Must Understand

Three legal mechanisms attach to personal injury recoveries and confusing them costs your client money and exposes your firm to malpractice risk. Here is how trial lawyers and paralegals should classify, defend, and resolve each one.

When a personal injury

The Pro-Rata Method. How Medicaid Liens Actually Get Reduced.

A practical walk through the pro-rata formula that decides how much of a Medicaid lien you can cut. 

Why does a state Medicaid agency so often demand the full amount it paid, even when the injury victim recovered only a

Beyond Ahlborn. How Wos Protects Injury Victims from Arbitrary State Recovery.

How the 2013 Supreme Court decision in Wos v. E.M.A. constrained the state statutory schemes that tried to work around Ahlborn, and what trial lawyers can do with the framework today. 

Why does a 2013 Supreme Court case still control

Ahlborn Explained: How the Supreme Court’s Decision Limits State Medicaid Recovery to the Medical Portion of a Settlement.

How the federal anti-lien statute, the Supreme Court’s 2006 ruling, and the pro-rata formula shape what a state Medicaid agency can collect from a third-party settlement. 

Why does a state Medicaid agency send a recovery letter demanding the full amount

Why Reimbursement Agreements in ERISA Plans Matter for Trial Lawyers

When representing injury victims, trial lawyers often find themselves navigating the murky waters of ERISA self-funded plans. A recurring and increasingly problematic issue is the use of reimbursement agreements. Some ERISA plans will refuse to pay claims until the

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