Howell v. Hamilton Meats
| Docket Number | s179115 |
| Decision Date | 18 August 2011 |
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4 cases
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Audish v. Macias
...the tortfeasor money an insurer has paid to medical providers on his or her behalf." (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, 551, 129 Cal.Rptr.3d 325, 257 P.3d 1130 (Howell).) In Howell, the Supreme Court considered the issue of whether a tort plaintiff is entitl......
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Willis v. Progressive Direct Ins. Co.
... ... Polaris ... Indus., Inc. , 812 F.3d 1238, 1251 (10th Cir. 2015) ... (quoting ... (citing ... Howell v. Hamilton Meats & Provisions, Inc. , 257 ... P.3d ... ...
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Yaffee v. Skeen
...than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial." (Id. at p. 566.) v. Lampkin (2013) 215 Cal.App.4th 1308, 1329 (Corenbaum), discusses evidentiary implications of Howell and states, "[b]ecause an injured plai......
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Wietsma v. Foremost Ins. Co. of Grand Rapids, Mich.
...and billing records and subject to scrutiny for reasonableness in rate and hours expended. Nor are plaintiffs akin to the plaintiff in Howell sought to use medical bills as evidence of damage even though the plaintiff's insurer agreed to accept a discounted amount as payment in full. (Howel......
4 firm's commentaries
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50-State Survey of Statutory Caps on Damages and the Applicability of the Collateral Source Rule
...cap on either punitive or compensatory damages. The collateral source rule applies. See Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 1130 (Cal. In Colorado, punitive damages cannot exceed the amount of compensatory damages awarded. Colo. Rev. Stat. § 13-21-102(1)(a). Though eco......
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Recovery of Medical Bills: “Face Amount” VS “Amount Paid" - Medical malpractice plaintiff may not recover more than the defendant was actually paid for treating plaintiff
...value of healthcare services, and collateral source rule does not require otherwise); Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011) (same); Hanif v. Housing Authority, 200 Cal.App.3d 635 (1988) (same); Iowa Code §§ 622.4, 668.14A (new statute limiting plaintiff’s reco......
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Arizona District Court Holds "Reasonable" Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed Amounts
...Nationwide Mut. Ins. Co. v. Jewell, 862 So. 2d 79, 86 (Fla. Dist. Ct. App. 2003)). Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 1130, 1142 (Cal. 2011) (“We do not suggest hospital bills always exceed the reasonable value of the services provided ... If we seek ... the exchange ......
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California Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence
...the arguments set forth in Howell that a plaintiff may recover only what he has lost – and no more. Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit a plaintiff’s recovery of past medical expenses to the amounts paid by Medicare/Medi-Cal as it ......
4 books & journal articles
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Table of Cases
...64 CCC 724 (W/D-1999), §16:35 Howe v. Long’s Drugs, 2011 Cal. Wrk. Comp. P.D. LEXIS 166 (NPD-2011), §18:131 Howell v. Hamilton Meats, 52 Cal.4th 541, 76 CCC 1147 (2011), §24:92 Howey v. WCAB, 62 CCC 1295 (W/D-1997), §22:07 Howland v. Balma, 143 CA3d 899 (1983), §§2:160, 2:161 HSR Inc. v. WC......
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Close, but no Cigar: Issues with Louisiana Revised Statutes § 9:2800.27 and the Collateral Source Rule
...written-off amounts because they were “not a benefit provided to 164. Id. 165. Id. 166. Id. at 703. 167. See Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 1130 (Cal. 2011). 168. Hoffman v. 21st Century N. Am. Ins., 209 So. 3d 702, 707 (La. 2015). 169. See Howell , 257 P.3d 1130. 170......
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The Legal Phantom Damages and the Misapplication of the Collateral Source Rule in Georgia
...Benefits or Windfall for Plaintiffs?, For the Defense, Nov. 2006, at 53. [37] See, e.g., Howell v. Hamilton Meats & Provisions, Inc., 257 P.3d 1130, 1143-45 (Cal. 2011); Haygood v. De Escabedo, [356] S.W.3d 390, 394-96 (Tex. 2011); Butler v. Ind. Dep't of Ins., 904 N.E.2d 198, 203 (Ind. 200......
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In the Absence of Agreement: California Courts Define Pricing for Non-contracted Medical Services
...property is adapted and for which it is capable of being used, and of the enforceable restrictions upon those uses and purposes").24. 52 Cal. 4th 541, 562 (2011).25. Id.26. 215 Cal. App. 4th 1308, 1328, 1331-32 (2013).27. 226 Cal. App. 4th 1260 (2014).28. Id. at 1272-73.29. Id. at 1273.30. ......