Gov. Kemp Signs Major Tort Reform Bills in ‘Judicial Hellhole’ Georgia
ATRA Lauds New Laws Addressing Phantom Damages, Litigation Financing and More
Pebley v. Santa Clara Organics
(Cal., filed July 13, 2018): Arguing that the lower court improperly allowed an insured plaintiff to recover medical damages based on billed charges when the plaintiff chose to receive treatment from a provider that takes a lien on tort recovery instead of seeking reimbursement from the insurer. California courts have previously concluded that billed medical charges do not reflect fair-market values and allowing evidence of billed charges as opposed to the amount actually paid provides a windfall for the plaintiff.
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