Excluding Expert Exchanges: Protecting Attorney-Expert Communications Recently, the South Carolina Rules of Civil Procedure were amended to add a protection that is already recognized by federal courts: the Attorney-Expert protection. The newly added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure, which is short-titled, “Trial-Preparation Protection for Communications Between a Party’s Attorney and […]
Hedrick Gardner Partner Rob Wilson and Associate Tatiana Terry obtained summary judgment for the owner of an apartment complex in a premises liability case. The case involved a thorough analysis of the recent decision by the North Carolina Supreme Court in Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479, 487, 843 S.E.2d 72, […]
By Allen C. Smith, Brooks P. Miller, Julianna Grant, and Austin R. Walsh On September 22, 2023, Senate Bill 452, An Act to Make Various Changes to the Insurance Laws of North Carolina, to Amend the Insurance Rate-Making Laws, and To Revise High School Interscholastic Athletics, was presented to Governor Roy Cooper for signature. Because […]
The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgements, awards, or other payments (TPOC amount) for which it will not seek recovery. The threshold amount for 2023 was $750.00. On February 14, 2024, CMS announced the […]
January 2024 — Hedrick Gardner Kincheloe & Garofalo LLP is proud to announce Rob Wilson has been appointed as the firm’s new managing partner of its Raleigh office, effective January 1, 2024. Wilson will succeed Patricia Shields, who has served as managing partner since 2021. In his new role, Wilson is committed to continue the […]
CMS held a webinar on January 18, 2024, where it provided clarification of the rules regarding the issuance of CMPs for late Section 111 reporting of the ongoing responsibility for medicals (ORM) and total payment obligations to a claimant (TPOC). The PowerPoint presentation should be posted on CMS’ website in two weeks. In sum, the […]
November 2, 2023. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2024 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Raleigh: Columbia (SC): Metropolitan Tier 2 Charlotte: […]
The Fixed Percentage Option Threshold will Increase to $10,000.00 for Liability Settlements on October 2, 2023 says The Centers for Medicare & Medicaid Services (CMS) By Shannon Metcalf Since November 7, 2011, the Centers for Medicare and Medicaid Services (CMS) has permitted a Medicare beneficiary to elect to resolve his/her conditional payment claim in liability […]
November 3, 2022. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2023 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Raleigh: Columbia (SC): Metropolitan Tier 2 Charlotte: […]
by Austin Walsh On 5/3/22, the North Carolina Court Appeals published its decision in Tutterow v. Hall, et al. and changed the way Underinsured Motorist (UIM) carriers calculate the coverage available for UIM claims. The holding gives UIM carriers a credit for all liability policies when tendered, not just the first liability policy that offers […]
