Richard Loiseau v. Kennedy Realty Group and Cardone Realty 401k Plan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that states have “considerable latitude to design administrative and judicial procedures to ensure a prompt and fair allocation of damages”
• noting that states have “considerable latitude to design administrative and judicial procedures to ensure a prompt and fair allocation of damages”
• describing several burden- shifting schemes as “more accurate” than North Carolina’s process, including one in which the recipient must rebut the presumption by clear and convincing evidence
• describing several rebuttable presumptions as “more accurate” than North Carolina’s process, including one in which the state presumes that the entire tort recovery represents past medical costs and requires that the recipient rebut the presumption by clear and convincing evidence
• describing several rebuttable presumptions as “more accurate” than North Carolina’s process, including one in which the state presumes that the entire tort recovery represents past medical costs and requires that the recipient rebut the presumption by clear and convincing evidence
• “A question the Court had no occasion to resolve in Ahlborn is how to determine what portion of a settlement represents payment for medical care.”

Source: CourtListener parenthetical corpus (CC0).