CATEGORY INDEX (alphabetized by topic and sorted by date)
See also Composite Index of Articles.
For additional information by topic, see also Documents.
CAUTION: Some articles have been superseded by events,
and not all are identified. They appear for archival purposes.
EDITORIAL OPINIONS
MACOMBER V. TRAVELERS
MEDICARE AND MEDICAID
QUALIFIED SETTLEMENT FUNDS (468B TRUSTS)
REGULATION OF STRUCTURED SETTLEMENTS
SETTLEMENT PLANNING
SETTLEMENT PURCHASING (FACTORING)
SPENCER ET AL. V. HARTFORD
STRUCTURED SETTLEMENT LITIGATION
STRUCTURED SETTLEMENTS (GENERAL)
TAXATION ISSUES AFFECTING SETTLEMENTS
TAXATION OF ATTORNEY FEES TO CLAIMANT
VICTIM COMPENSATION FUND
See also Composite Index of Articles.
For additional information by topic, see also Documents.
CAUTION: Some articles have been superseded by events,
and not all are identified. They appear for archival purposes.
EDITORIAL OPINIONS
- Doing What's Right and Avoiding What's Wrong (2007-1)
- A Case for the Urgent Need to Clarify Tax Treatment of a Qualified Settlement
Fund Created for a Single Claimant, Virginia Tax Review (2004) - Are You Income Tax Deferring Your Fee? (2003-3)
- Knowing Rated Age is a Strategic Necessity (2003-2)
- Profiteering from the Misfortunes of Others (2003-1)
- History of Abuse Tarnishes Structure Image (2002-4)
- Common Mistakes in Documents Create Risk (2002-2)
- Disinformation Campaign Seeks to Harm QSF (2002-1)
- Do You Have a Dormant Malpractice Liability? (2001-3)
- Plaintiff Brokers Can Assist in Trial Strategy (2001-2)
- Standard of Care May Necessitate a Structure (2001-1)
- Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon, Tulsa Law Journal (now T.L. Review) (2001)
MACOMBER V. TRAVELERS
- Class Certification Reversed in Macomber v. Travelers (2006-2)
- Lawsuit Against Travelers Group Certified as Class on Four Counts (2004-2)
- Plaintiffs’ Attorneys Exposed to Claims by Their Clients (2003-3)
- Knowing Rated Age is a Strategic Necessity (2003-2)
- History of Abuse Tarnishes Structure Image (2002-4)
- Travelers Casualty Schemes Called “Rebating” and “Short-Changing” (Macomber
v. Travelers) (2002-3)
MEDICARE AND MEDICAID
- Supreme Court Bars Medicaid from Collecting Non-Medical Proceeds (2006-2)
- SSI and Medicaid Benefits Not Lost after Reaching 65 (2006-2)
- Medicare Showing Interest in Catastrophic Tort Recoveries (2005-1)
- Settlements for Workers’ Compensation Future Medical Care Must Consider
Interests of Medicare or Risk Recovery Claim (2004-1) - Don’t Risk Loss of Medicaid Benefits by Failing to Plan (2004)
QUALIFIED SETTLEMENT FUNDS (468B TRUSTS)
- Debunking the QSF Single-Claimant Myth (2006-2)
- Reasons a Claimant's Counsel Should Consider a QSF (2006)
- A Case for the Urgent Need to Clarify Tax Treatment of a Qualified Settlement
Fund Created for a Single Claimant (2004) - Treasury Edges Toward Publishing Guidance on Single-Claimant QSF (2004-2)
- Qualified Settlement Fund Sequence (2004-2)
- Two Former Tax Policy Chiefs Endorse Single-Claimant QSF (2003-2)
- Disinformation Campaign Seeks to Harm QSF (2002-1)
- Plaintiff Brokers Can Assist in Trial Strategy (2001-2)
- Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon (2001)
REGULATION OF STRUCTURED SETTLEMENTS
- Insurance Commissioners Respond to Scandals Over Undisclosed Rebating and Bid-
Rigging (2005-1) - California Bill Would Give Plaintiffs Choice (2005-1)
- Don’t Accept Annuity Quotes That Violate Rules (2004)
- Treasury Edges Toward Publishing Guidance on Single-Claimant QSF (2004-2)
- A Case for the Urgent Need to Clarify Tax Treatment of a Qualified Settlement
Fund Created for a Single Claimant (2004) - HIPAA Protects Privacy of Victim Throughout Settlement Process (2004-1)
- IRS Scrutiny Should Not Deter Litigant from Claiming Tax Benefit (2003)
- Two Former Tax Policy Chiefs Endorse Single-Claimant QSF (2003-2)
- HIPAA Designed to Protect Privacy of Medical Records (2003-2)
- Certain Commission Sharing Practices Deemed to Be Illegal (2002-4)
- Congress Regulates Selection of Brokers by Justice (2002-4)
- New York Becomes Latest State to Require Cost Notice (2002-3)
- Pennsylvania Requires Offer to Remain Open for 90 Days (2002-3)
- Massachusetts Can Intercept Structures for Child Support (2002-3)
- Purchase of Future Payment Rights Must Have Advance Approval of Court or
Agency (2002-1) - Joint Committee on Taxation Explains New Law (2002-1)
- Three States Require Cost Notice to Claimant (2001-3)
SETTLEMENT PLANNING
- Reasons a Claimant's Counsel Should Consider a QSF (2006)
- Doing What's Right and Avoiding What's Wrong (2007)
- Confidentiality Covenant Can Be Costly In Personal Physical Injury Settlement
(2005) - Qualified Settlement Fund Sequence (2004-2)
- Don’t Accept Annuity Quotes That Violate Rules (2004)
- IRS Scrutiny Should Not Deter Litigant from Claiming Tax Benefit (2003)
- Are You Income Tax Deferring Your Fee? (2003-3)
- Knowing Rated Age is a Strategic Necessity (2003-2)
- Life Insurance Companies Draft Revision to Assignment (2003-2)
- Society of Settlement Planners Calling for Rights of Plaintiffs (2003-1)
- Strategy Can Avoid Double Taxation of Attorney Fee (2003-1)
- Common Mistakes in Documents Create Risk (2002-2)
- Monte Carlo Simulation Shows Risk That Case Settlements May Run Out (2002-1)
- Structure Concept Being Reinvented (2001-3)
- Do You Have a Dormant Malpractice Liability? (2001-3)
- Society of Settlement Planners to Advocate Rights of Injury Victims in Claim
Resolution (2001-3) - Are Structures Safer Than Cash? (2001-2)
- Plaintiff Brokers Can Assist in Trial Strategy (2001-2)
- Complaint Alleges Justice Department is Creating Unauthorized Social Policy
(2001-1) - Standard of Care May Necessitate a Structure (2001-1)
- Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon (2001)
SETTLEMENT PURCHASING (FACTORING)
- Sale of Annuity Payments Being OK'd Even When Settlement Terms Prohibit
(2004) - Sale of Payments Denied for Failing “Best Interest” Test (2004-1)
- Applications to Transfer Periodic Payments Denied (2003-3)
- Annuity Commutation Rider Allows “Cash Out” by Payee (2003-2)
- Payment Assignment Held Invalid in Bankruptcy (2003-1)
- Court Applies “Best Interests” Test and Rejects Purchase (2002-3)
- Georgia Supreme Court Holds Payments Cannot Be Sold if Contract Bars (2002-2)
- New Tax Code Section 5891 Regulates Factoring (2002-2)
- Purchase of Future Payment Rights Must Have Advance Approval of Court or
Agency (2002-1) - Joint Committee on Taxation Explains New Law (2002-1)
- Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon (2001)
SPENCER ET AL. V. HARTFORD
STRUCTURED SETTLEMENT LITIGATION
- Insurer Sanctioned for Delay (2005-1)
- Reversal Granted Because Annuity Testimony Was Barred by Trial Court (2005-1)
- Lawsuit Against Travelers Group Certified as Class on Four Counts (2004-2)
- Dispute Arises in 15-Year Old Settlement (Barnett-Ganaway v. Liberty) (2004-1)
- Plaintiffs’ Attorneys Exposed to Claims by Their Clients (2003-3)
- Attorney Sanctioned for Fee Based on Periodic Payments (2003-3)
- Plaintiff Broker Sues for Conversion and Rebating (2003-3)
- Insurer Breached Mediation by Forcing Its Own Annuity (2003-3)
- Knowing Rated Age is a Strategic Necessity (2003-2)
- Trade Association Behind Broker Retaliation (Walters case) (2002-4)
- History of Abuse Tarnishes Structure Image (2002-4)
- Broker’s Error in Quoting Benefit Proposal Costly (2002-4)
- Insurance Company Liable for Attorney’s Conduct (2002-4)
- Travelers Casualty Schemes Called “Rebating” and “Short-Changing” (Macomber
v. Travelers) (2002-3) - Failure to Disclose Conflict of Interest By Claims Adjuster Voids Settlement (2002-
2) - Legislator Alleges Brokerage Intimidated and Retaliated (Walters case) (2002-2)
- Class Actions Filed Against State Farm (Coppedge-Link case) and Allstate
(Stafford case) (2002-2) - Defense’s Misrepresentation of Annuity’s “Present Value” Years Earlier Leads to
Trial (Lyons case) (2001-3) - Do You Have a Dormant Malpractice Liability? (2001-3)
- Plaintiff Brokers Can Assist in Trial Strategy (2001-2)
- Standard of Care May Necessitate a Structure (2001-1)
- Attorneys Sued by Client for Failing to Propose a Structured Settlement (Grillo
case) (2001-1)
STRUCTURED SETTLEMENTS (GENERAL)
- MetLife Acquires Travelers (2006-2)
- Definitive Guide to Structured Settlements (2006)
- Reasons a Claimant's Counsel Should Consider a QSF (2006)
- Don’t Accept Annuity Quotes That Violate State Insurance Rules (2004)
- Structured Annuity Market Landscape Change Continues (2004-1)
- IRS Scrutiny Should Not Deter Litigant from Claiming Tax Benefit (2003)
- Plaintiffs’ Attorneys Exposed to Claims by Their Clients (2003-3)
- Life Insurance Companies Draft Revision to Assignment (2003-2)
- Society of Settlement Planners Calling for Rights of Plaintiffs (2003-1)
- Certain Commission Sharing Practices Deemed to Be Illegal (2002-4)
- Congress Regulates Selection of Brokers by Justice (2002-4)
- Common Mistakes in Documents Create Risk (2002-2)
- Structured Settlements Grew to $6.05 Billion in 2001 (2002-1)
- Structure Concept Being Reinvented (2001-3)
- Do You Have a Dormant Malpractice Liability? (2001-3)
- Doing What's Right and Avoiding What's Wrong (2007-1)
- Society of Settlement Planners to Advocate Rights of Injury Victims in Claim
Resolution (2001-3) - Are Structures Safer Than Cash? (2001-2)
- Plaintiff Brokers Can Assist in Trial Strategy (2001-2)
- Complaint Alleges Justice Department is Creating Unauthorized Social Policy
(2001-1) - Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon (2001)
TAXATION ISSUES AFFECTING SETTLEMENTS
- Understanding Constructive Receipt and Economic Benefit (2007)
- Tax on Emotional Damages in Limbo (2007-1)
- Can Punitive Damages Be Compromised? (2006-2)
- Confidentiality Covenant Can Be Costly in Personal Physical Injury Settlement
(2005) - Treasury Edges Toward Publishing Guidance on Single-Claimant QSF (2004-2)
- A Case for the Urgent Need to Clarify Tax Treatment of a Qualified Settlement
Fund Created for a Single Claimant, Virginia Tax Review (2004) - Some Attorney Fees Now Double-Taxed When Plaintiff’s Injury is Non-Physical
(2005-1) - U.S. Supreme Court to Hear Attorney Fee Taxation Cases (2004-1)
- Photographer Injured by NBA Star Loses Tax Fight (2004-1)
- IRS Ruling Confirms Victim Compensation Structured Tax-Free (2003-3)
- Two Circuits Rule Attorney Fees Not Taxable to Claimant (2003-3)
- Two Former Tax Policy Chiefs Endorse Single-Claimant QSF (2003-2)
- IRS Revises Guidelines for Auditing Damage Payments (2003-2)
- Supreme Court Refuses to Resolve Circuit Split on Attorney Fee Taxes (2002-2)
- New Tax Code Section 5891 Regulates Factoring (2002-2)
- Purchase of Future Payment Rights Must Have Advance Approval of Court or
Agency (2002-1) - Joint Committee on Taxation Explains New Law (2002-1)
- Structure Concept Being Reinvented (2001-3)
- Focus on Taxable Damages (2001-1)
- Structured Settlements: The Ongoing Evolution from a Liability Insurer’s Ploy to
an Injury Victim’s Boon, Tulsa Law Journal (now T.L. Review) (2001)
TAXATION OF ATTORNEY FEES TO CLAIMANT
- Some Attorney Fees Now Double-Taxed When Plaintiff’s Injury is Non-Physical
(2005-1) - U.S. Supreme Court to Hear Attorney Fee Taxation Cases (2004-1)
- Photographer Injured by NBA Star Loses Tax Fight (2004-1)
- Two Circuits Rule Attorney Fees Not Taxable to Claimant (2003-3)
- Strategy Can Avoid Double Taxation of Attorney Fee (2003-1)
- Supreme Court Refuses to Resolve Circuit Split on Attorney Fee Taxes (2002-2)
- Structure Concept Being Reinvented (2001-3)
VICTIM COMPENSATION FUND
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Articles (by category)
Don't let defendants
and their insurers
dictate the financial
terms of the claim
settlement! -Dick Risk
and their insurers
dictate the financial
terms of the claim
settlement! -Dick Risk
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