A recent decision of the Hawaii Supreme Court, AFL Hotel Restaurant Workers v Bosque, Civ No. 03-1-0264 (April 28, 2006) has helped to clarify Hawaii law on medical lien claims against personal injury recoveries. The case clearly indicates that without a separate reimbursement agreement, an ERISA plan that paid medical benefits is unable to enforce any lien claims at least in the Hawaii courts. Conversely, however, to the extent that a reimbursement agreement exists, the case appears to hold that that separate document creates a state law cause of action and this action can be brought in Hawaii state court - even though the action seeks to enforce plan reimbursement provisions which are unique to ERISA and overreaching under Hawaii state law. An appeal of the latter result is under consideration.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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Martindale Hubbell - AV rated lawyer - Best Rating Possible
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American Society of Legal Advocates - Top 100 - 2017
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
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Expertise - Best Car Accident Lawyers in Honolulu 2019
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