News

By Richard Hertzog

Dog attacks and dog bites are in the news everywhere. The rules in insurance and in case law are now well documented and precedented and follow the one free bite rule. This means that a dog's owner is not liable for their dog's first bite. A dog owner will be found liable for his dog's viciousness only if the owner had prior notice of the dog's vicious propensity.

Anthem Blue Cross Settlement Discussions with the California Department of Managed Health Care

WOODLAND HILLS, Calif., July 7 /PRNewswire/ -- "For several months, senior leadership at Anthem Blue Cross has been actively working on a settlement agreement with the California Department of Managed Health Care to bring closure to all issues relating to previous rescissions.

HARRISBURG, Pa., July 7 /PRNewswire-USNewswire/ -- Pennsylvania homeowners may be entitled to a reduction in their homeowners' insurance premiums, thanks to The Mortgage Property Insurance Coverage Act that Gov. Rendell signed into law on July 4.

The US health care system is missing something necessary to level the playing field between the rising costs of medical care, medical research and the cost to treat all persons in emergency situations. Canada has it and Walmart has it, the United States does not. What is it?

Court of Appeals will not allow a broker to expunge a complaint while lower court decision allows registered complaint.

Thank you for clicking on the link so you can download the three IRS notices that recently came out on 419 and VEBA plans.

The IRS has made a solid attempt at throwing cold water on these plans.

Cold water was needed as there were/are many scammers still out there pitching plans that are just not compliant.

McGehee Family Clinic, P.A.,

The Tax Court has held that a medical clinic operated as a C corporation and one of its shareholders each was liable for a Code Sec. 6662A reportable transaction understatement penalty for their participation in a Benistar Plan, which the Court found was a listed transaction. The Court reached this result because the Benistar Plan was substantially similar to the transaction described in Notice 95-34, 1995-1 CB 309, which was first identified as a listed transaction in Notice 2000-15, 2000-1 CB 826.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 09-61984-CIV-COHN/SELTZER
CONSENT CASE
JOHN MANCUSO, on behalf of himself
and all others similarly situated,
Plaintiff,
vs.
FLORIDA METROPOLITAN UNIVERSITY, INC.
EVEREST UNIVERSITY, and CORINTHIAN
COLLEGES, INC.
Defendants.
/_______________________________________
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion to Permit Court Supervised
Notice Advising Similarly Situated Individuals of Their Opt-in Rights Pursuant to 29 U.S.C.
§ 216(B) (DE 3) and the matter having been referred to the undersigned pursuant to the
consent of the parties and the Court being sufficiently advised, it is hereby ORDERED that
the Motion is GRANTED in part for the reasons set forth below.
BACKGROUND
Plaintiff John Mancuso is employed by Defendants, Florida Metropolitan University,
Inc., Everest University, and Corinthian Colleges, Inc., as an admissions representative;
he works at the Pompano Beach campus of Everest University.  Mancuso Aff.  5, Ex. A
(DE 3);Clem Decl. 4 (DE 31-1).  As alleged in the Complaint, Defendants "operate a
business  offering educational classes and degrees."  Complaint 6 (DE 1).  Plaintiff  Plaintiff originally defined the class as similarly situated employees and former