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Do medical residents have any rights when targeted for termination
WebThe ACGME has also implemented requirements that hospitals must have policies that protect residents’ due process rights in the event of suspension, nonrenewal, non-promotion or dismissal. These due process rights include written notice that the hospital intends to take the specific disciplinary action, a chance to review the evidence the
Actived: 6 days ago
ERISA Remedies for the Denial of Employer Provided Benefits
WebERISA is a federal law that preempts state law claims for which it provides remedies, replacing the state law claims and giving rise to federal jurisdiction over those claims. Most ERISA litigation involves an individual filing a claim after a denial of benefits. This includes claims against the employer, insurer, or plan administrators or
Time Off Before Uniform Reporting for Service Under USERRA
WebThe Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law aimed at protecting service members and veterans’ employment rights.As a follow up to our earlier introductory post on this topic, The Basics about USERRA, this post more specifically addresses the question, “how much time off is a …
ERISA Cases Lawyer & Litigation Law Firm
WebThe Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (“ERISA”) is a federal law that sets the standards for most private, or employer-provided, healthcare plans and pension plans. ERISA applies to employer-provided benefits, including health insurance, short-term and long-term disability insurance, and 401 (k
The Basics About USERRA
WebThe Basics About USERRA. By Patterson Law Firm. August 6, 2020. 1686. What is USERRA? USERRA is short for the Uniform Services Employment and Reemployment Rights Act of 1994. It is a federal statute aimed at protecting the employment rights for servicemembers and veterans. If you qualify for USERRA protection, you are …
Derivative actions for corporations or LLCs
WebDerivative actions permit a shareholder to sue on behalf of the corporation or LLC where the corporation or LLC has been damaged. It is sometimes difficult to distinguish between damages to the business and damages to individual shareholders or LLC members in the context of closely-held corporations or LLCs where shareholder interests and individual …
What is the ARDC
WebThe ARDC serves an essential record-keeping function. It maintains a robust repository of attorney disciplinary records, malpractice insurance coverage and other administrative matters. Members of the public can access these records upon request. The ARDC runs a fully operational legal department that investigates and prosecutes …
Insurance Bad Faith Litigation
WebIn every insurance contract, the insurer’s duty is to exercise good faith and fair dealing. Bad faith is when the delay or denial of your claims or failure to pay a covered claim is without proper cause or unreasonable. Not every claim denial constitutes bad faith. To prove bad faith in Illinois, the insured must prove that (1) the insurer
Sample USERRA Notice Letter
WebSample USERRA Notice Letter. RE: [Employee’s name] military service absence notification. I am writing to formally notify you of my service with the [branch of uniform service]. My service obligations and temporary leave from this position will begin on [date of service]. As you may be aware, my temporary absence from this position is
Insurance Company to Pay for Legal Defense of California Doctor
WebWe recently featured two posts in our Emergency Business Litigation blog discussing an insurance case here in Illinois. In that case, the courts ruled that the insurance company was not responsible for the legal defense of the health organization on the grounds that criminal activity took place.
Commercial Litigation and Legal Malpractice Lawyer
WebWe represent businesses, professionals and entrepreneurs in cases of breach of contract, insurance coverage, construction, collection, shareholder and partnership agreements, purchase and supply contracts and e-commerce. We also practice in other important business fields. Among them are fraud and unfair competition, professional negligence …
Lawyers Can Only Take Action With Their Clients’ Consent
WebLawyers who act without their client’s consent are committing legal malpractice. Clients expressly retain the right to consent to settlements, agree to plea deals, waive criminal jury trials, and testify in court. Lawyers cannot decide these matters. On the other hand, lawyers are often given freedom in terms of how to accomplish a client’s
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