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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
  • Make A Payment
    • Pay Invoice
    • Pay Retainer
  • Contact

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LESSON TWO: DOES AN SIU REFERRAL TRIGGER A LITIGATION HOLD – WHY IT SHOULD

On Behalf of Cockerill, Craig & Moore, LLC | May 12, 2021 | Firm News |

See Lesson One HERE

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I like thunder; I don’t know why so many people fear it. After many hours on weekends, after school, and summer days and evenings lugging golf clubs as a caddy – they had metal shafts and heads back then – I came to appreciate thunder as a celebration. Thunder means the lightning didn’t hit you. I feel the same way about a litigation hold. Litigation holds have an image problem, like thunder, they do no harm, but provide a warning of imminent danger if ignored. They are looked at as a defensive tactic, used to ward off imposing sanctions for negligently or purposefully destroying relevant evidence. Why aren’t they looked at as an offensive tool, utilized to protect and preserve the materials needed to win a case – rather than something employed to avoid losing a case? Much of the work I have done for the State of New Jersey and for the insurance carriers I represent in private practice involves health care claim fraud. These are document heavy cases involving dozens, if not hundreds, of patients. Preserving all of the claim forms submitted, supporting records, and records of claims paid, is an essential task made easier if the records are preserved when the provider is first being investigated. The fraudulent and abusive billing practices play out over several years, and may encompass a period longer than that reflected in your record retention policy. Imposing a litigation hold on these records only means they will not be disposed of, altered, or destroyed in the ordinary course of business – they should be, but don’t have to be, gathered . Coupled with sound data management practices which encourage investigators to segregate the electronic messages about an investigation in a separate folder, rather than in a clutter of unsorted in and out boxes, the information remains available for collection when needed. Imposing a temporary litigation hold while the potential fraud is investigated also avoids any later debate about when the obligation to preserve information, including electronically stored information, was triggered. Because many of these health care claim fraud cases arise out of post-payment audits, any request for documentation directed to a medical provider should include a litigation hold request, imposing an obligation to preserve, and not alter or modify, patient treatment records, billing records and insurance claim submissions upon the provider while the matter proceeds.

Contact CockerillCraigMoore Law

To learn how we can help you protect your rights and interests, contact the results-driven Haddonfield litigation attorneys at CockerillCraigMoore Law at 856-429-1060, or fill out our online intake form.

New Jersey Supreme Court Updates Standards For Communicating Rejection of Real Estate Contract After Attorney Review

On Behalf of Cockerill, Craig & Moore, LLC | Apr 3, 2017 | Firm News

On April 3, 2017 the New Jersey Supreme Court published its decision in Michael Conley, Jr. v. Mona Guerrero (A-65-15) (076928) dealing with the requirement of notice of rejection under the attorney review provisions of a standard form real estate contract. The...

DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 10, 2016 | Firm News

A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with...

HOW IS THE APPLICATION OF THE “BASEBALL RULE” AFFECTED BY THE EXPANSION OF NETTING IN MAJOR LEAGUE BALLPARKS?

On Behalf of Cockerill, Craig & Moore, LLC | Apr 25, 2016 | Firm News

Major League Baseball this past off-season issued a recommendation that all teams lengthen the safety netting at ballparks to increase fan safety.  http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting.  Tampa Bay was one of the teams that...

ANTHEM OF THE SEAS PASSENGERS PLACED AT RISK BY ROYAL CARIBBEAN

On Behalf of Cockerill, Craig & Moore, LLC | Feb 10, 2016 | Firm News

By: Timothy E. Annin Royal Caribbean’s ANTHEM OF THE SEAS encountered hurricane strength winds and high seas resulting in her aborting a Caribbean cruise and returning to New Jersey this week. This is the second sailing in less than five months where a vessel set out...

NEW JERSEY SUPREME COURT CONFIRMS INSURANCE FRAUD LAW DOES NOT REQUIRE THAT THE CARRIER BE INDUCED BY A FALSE STATEMENT TO PAY A DAMAGE CLAIM.

On Behalf of Cockerill, Craig & Moore, LLC | Jan 20, 2016 | Firm News

In a unanimous opinion released today the New Jersey Supreme Court held that a violation of the criminal insurance fraud statute, N.J.S.A. 2C:21-4.6(a), does not require proof that a false statement made by the defendant induced the insurance carrier to pay the claim....

NEW JERSEY ASSEMBLY TAKES UP THE SUBJECT OF A PRIVATE CAUSE OF ACTION FOR BAD FAITH IN SETTLEMENT OF INSURANCE CLAIMS

On Behalf of Cockerill, Craig & Moore, LLC | Dec 8, 2015 | Firm News

Efforts have been made, since Hurricane Sandy, to broaden the remedies available to consumers who feel they have been wronged by the claim practices of insurance carriers. These efforts have failed in each of their prior versions.  A-231 sponsored by Assemblypersons...

WHAT CAN WE LEARN FROM JUDGE BERMAN’S OPINION IN DEFLATEGATE ABOUT ATTACKS ON ARBITRATOR’S RULINGS?

On Behalf of Cockerill, Craig & Moore, LLC | Sep 3, 2015 | Firm News

DEFLATEGATE RULING – USDC JUDGE RULES ON NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL V. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION United States District Court Judge Richard M. Berman ruled today that the arbitrator’s ruling by Commissioner Goodell in National...

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY

On Behalf of Cockerill, Craig & Moore, LLC | Aug 13, 2015 | Firm News

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY TO INNOCENT THIRD PARTIES WHEN AN APPLICANT FOR A “BASIC” POLICY COMMITS APPLICATION FRAUD New Jersey’s courts have a history of protecting innocent third parties injured in accidents with...

CIVIL INSURANCE FRAUD DEFENDANTS NOW ENTITLED TO TRIAL BY JURY

On Behalf of Cockerill, Craig & Moore, LLC | Jul 20, 2015 | Civil Litigation

In Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13) (073511) (Decided July 16, 2015) the New Jersey Supreme Court  ruled yesterday that actions by insurance carriers under New Jersey’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to 30 have now...

RENTING AN OFF-CAMPUS APARTMENT – ISSUES TO CONSIDER

On Behalf of Cockerill, Craig & Moore, LLC | Oct 29, 2014 | Firm News

NEW JERSEY LANDLORD-TENANT CIVIL TORTS ATTORNEYS Living in off-campus housing is somewhat of a “right of passage” for many college students. However, with increased freedom also comes responsibility and a number of risks students and parents should take into...

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