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Publications

  • Arkansas Supreme Court Issues Groundbreaking Decision in “Gray Market” Products Liability Suit

    February 9, 2012

    In a case of national first impression, the Arkansas Supreme Court held that foreign manufacturers of products that end up in the United States through the “gray market” will not be subject to “general” jurisdiction in the forum state unless they have “continuous, systematic and substantial” general business contacts with that state, which is fairly atypical. In addition, the decision impacts U.S. subsidiaries of foreign manufacturers with gray market issues that are dragged into products liability litigation simply by virtue of having a name similar to that of the manufacturer.
  • New Medicare reporting guidelines apply to all liability insurers and self-insureds, but will they be enforceable against alien (non-U.S.-admitted) carriers?

    August 2009

    As we reported in an Insurance Alert on April 30, 2009, and as further elaborated in an article by Frederick J. Pomerantz (Partner-NY), that appeared in Vol. 20 Edition 2 - Summer 2009 of the FORC Journal, a publication of the Federation of Regulatory Counsel, Inc., the "Medicare, Medicaid, and SCHIP Extension Act of 2007" (the "Act") amends the Medicare Secondary Payer Act (MSPA), imposing significant new reporting obligations upon insurers and others subject to it.  Significantly, if an insurer fails to notify Medicare in accordance with the new reporting guidelines, a civil penalty of $1,000 per day may be assessed per claimant.  The new legislation clearly indicates a shift in federal policy that will result in the federal government monitoring recoveries in tort claims more closely to minimize costs to Medicare.

Additional Publications

United States Export Product Liability - A Primer for Chinese Manufacturers and Their Insurers,published in China by LexisNexis, 2008