Posts tagged "Plus"

N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-166-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030;     SJC‑11284   N.E. PHYSICAL THERAPY PLUS, INC.  vs.  LIBERTY MUTUAL INSURANCE COMPANY. Essex.     May 7, 2013.  ‑  September 10, 2013. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.     Evidence, Hearsay, Judicial discretion, Medical bill.  Practice, Civil, Judicial discretion, Motion in limine, Appellate Division:  decision.       Civil action commenced in the Lawrence Division of the District Court Department on June 4, 2008.   The case was heard by Mark A. Sullivan, J.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Daniel P. Tighe (Douglas R. Tillberg with him) for the defendant. Francis A. Gaimari (Stephen B. Byers with him) for the plaintiff. The following submitted briefs for amici curiae: E. Michael Sloman for Automobile Insurers Bureau. Peter A. Biagetti & Andrew Nathanson for Fair Health, Inc. Paul R.Q. Wolfson, Shirley Cassin Woodward, & Dina B. Mishra, of the District of Columbia, & John J. Regan & Mark C. Fleming for American Insurance Association & others. David L. Arrington & Jodi L. Howick, of Utah, & Todd S. Holbrook & Jeffrey D. Adams for Mitchell International, Inc.     LENK, J.  After being billed by the plaintiff, N.E. Physical Therapy Plus, Inc. (NEPT), for certain medically necessary chiropractic services provided to the passenger of its insured, the defendant, Liberty Mutual Insurance Company (Liberty  Mutual), maintained that the cost of those services was unreasonably high and thus refused to pay the full amount invoiced.  At the ensuing trial on the dispute, Liberty Mutual sought to introduce statistical evidence from a commercial database to show that NEPT’s charges exceeded the eightieth percentile of reported charges for the same procedures and were thus unreasonable.  Liberty Mutual claimed that the statistical evidence was admissible pursuant to G. L. c. 233, § 79B (§ 79B), which creates a limited exception to the hearsay rule for factual statements contained in commercial publications.  Citing a decision of the Appellate Division of the District Court that concluded the same database was unreliable, a District Court judge denied Liberty Mutual’s motion to admit the database evidence. We are asked to determine whether a trial judge has discretion to consider the reliability of evidence offered under  § 79B where the evidence otherwise satisfies the requirements of § 79B, and, if so, whether the judge here abused such discretion […]


Posted by Massachusetts Legal Resources - September 10, 2013 at 5:15 pm

Categories: News   Tags: , , , , , , , , , , ,

Report: Boston Economy May Have Lost $250 Million Plus from Lockdown

How much does it cost to shut down a city for an entire day? Bloomberg Business Week reports that price tag is somewhere in the range of $ 250 million to $ 333 million, citing a chief economist at IHS Global Insight. The citywide shelter-in-place order was lifted shortly after 6 p.m. Friday, about 10 hours after the police lockdown was extended to the entire city of Boston. As of 6:30 p.m., police continued to search for the remaining at-large suspect in Monday’s bombing at the Boston Marathon finish line, with heavy activity continuing in the greater Boston community of Watertown. The suspect was identified by authorities as 19-year-old Dzhokhar A. Tsarnaev. While some businesses remained open during the lockdown, many didn’t open at all or closed early, sending employees home several hours after the shelter-in-place was issued, once government officials announced it was OK to leave for home. Dunkin’ Donuts shops in certain areas of the city remained open during the lockdown per direction from the city, the Huffington Post reported. Karen Raskopf, chief communications officer for Dunkin’ Brands, told the news site that the restaurants were asked to remain open “to take care of needs of law enforcement and first responders.” Business Week reports that the Boston metro area is a “$ 1-billion-a-day metropolitan area,” but that some of that economic activity could continue under a lockdown with the aid of telecommuting and technology. Other activities, such as grocery shopping, are simply shifted to another day. But even with some business in the city lost because of the lockdown, the economic expert said he did not expect the event to have a lasting effect on Boston’s economy. He pointed to New York City and Washington, D.C., both of which were able to recover relatively quickly following the attacks on 9/11. South End Patch


Posted by Massachusetts Legal Resources - April 19, 2013 at 11:37 pm

Categories: Arrests   Tags: , , , , , , , ,