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| • | Peter Hecht
Editor-In-Chief |
| • | Chad Graf
Designer |
| • | Brian Horowitz
Designer |
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 Friends of Magna,
Since our last MAGNA-FY issue, we launched a new web based graphics on demand program called www.GraphicsforTrial.com and hosted another conference, “Streamlining Relationships with Outside Counsel” in the Big Apple. Meanwhile, www.JuryConfirm.com is continuing to become a viable alternative to the traditional jury research platform. Insurance Companies, Law Firms and Corporations are expressing that the lower price point of $7,500.00 is changing the way they conduct early case assessment. On the Court Reporting front, Magna continues to lead the industry with custom solutions for complex cases and corporate account programs.
As always, Magna Legal Services is at the forefront of advancements in both the litigation consulting and support field. With our Educational Program division, we're already changing the way speakers and attendees interact with each other by applying our Focus Group methodology and Instant Feedback program as the event occurs in real-time. Also, we're venturing into webcasting our seminars and integrating them with the power of social networks. And of course, we're already preplanning for the annual Borgata Hotel and Casino event in November.
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 Mutual Marine Office insurance attorney Stephen McCarthy on how Google makes his job easier, and news events make it more interesting.
Q. You started out as an engineer?
A. Yeah, I grew up on Long Island and got my bachelor's degree in electrical engineering from Manhattan College. I went to work at Grumman Aerospace (now Northrup Grumman). Grumman was the primary contractor for aircraft-carrier based F-14s deployed by the U.S. Navy. We provided fleet support as well as engineering safety, reliability and other logistical support for the electronic guts, airframe and engines. At the time, I still lived on Long Island but spent several months at the Naval Air Station Oceana in Virginia Beach and the Miramar base in California – where the movie "Top Gun" was based. It was a lot more interesting than pushing paper in an insurance company.
Q. What did you guys think about "Top Gun"?
A. The F-14 was Grumman's flagship naval aircraft so there was a sense of pride when the movie came out and gave the plane so much notoriety. The running joke was that on Ladies' Night at the Officers' Club guys who weren't pilots rented orange jumpsuits to attract the ladies. But that wasn't something I did.
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 Since asbestos litigation emerged over three decades ago, lawyers who bring such claims have continually sought out new defendants or raised new theories of liability. An emerging theory promoted by some plaintiffs' counsel is that makers of nondefective products, such as pumps or valves, should be held liable for harms allegedly caused by asbestos-containing replacement parts manufactured or sold by third parties (i.e., replacement internal gaskets or packing or replacement external flange gaskets) or asbestos-containing external thermal insulation manufactured and sold by third parties and attached post-sale, e.g., by the U.S. Navy.
It is easy to see what is suddenly driving this novel theory: most major manufacturers of asbestos-containing products have filed bankruptcy and the Navy enjoys sovereign immunity. As a substitute, plaintiffs' lawyers have sought to impose liability on solvent manufacturers for harms caused by products they never made, sold, installed, or profited from. The implications of this theory should be of concern to any company that manufacturer or sells products.
A RADICAL EXPANSION OF TORT LAW
Manufacturers have historically been subject to liability for products over which they retain some measure of control or where they have developed a duty to the injured person through a relationship with him or her. Traditional product liability principles generally do not hold a manufacturer or seller responsible for harm from the products of another company. In other words, the public expects reputable sellers to stand behind their goods, not those of others.
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 Sarah and Charley hadn't seen each other since law school. Sarah had worked her way up the ladder at the Amalgamated Insurance Company's legal department, overseeing all declaratory judgment actions on commercial general liability policies. Charley was in private practice for years in Philadelphia, but just moved to Orlando to go in-house with United Metadata. He knew Sarah moved home after law school, and decided to look her up. He recognized her as soon as she walked into the coffee shop.
"How's the legal world treating you?"
"Thank heavens for the diversity statute," she sighed.
"Well, wasn't expecting that," he smiled.
"Oh, you'll get it soon enough Mr. In-house counsel. I'd rather be back in final exams than have one of my cases in state court. There's nothing sweeter than the removal statute."
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| How H.R. 4796 Would Amend the Current Medicare Secondary Payer Compliance Process
 onsiderable enthusiasm and hope has been generated by the Medicare Secondary Payer Enhancement Act of 2010 (MSPEA) (H.R. 4796) which was introduced into the United States House of Representatives by Patrick Murphy (D-PA) and Tim Murphy (R-PA) in March of this year.
H.R. 4796 proposes major amendments to the Medicare Secondary Payer Statute (MSP) (42 U.S.C. § 1395y(b)(2) which would make current MSP processes and requirements more workable, efficient and equitable.
H.R. 4796 is largely credited to the efforts of the Medicare Advocacy Recovery Coalition (MARC) (www.marccoalition.com). MARC is a national industry group that has formed over the past two years to address various aspects of MSP compliance. The group is comprised of a broad range of interests and sectors in the claims industry.
At this point, H.R. 4796 is proposed legislation, and it remains unknown whether or not the new bill will eventually be enacted into law. However, in the short time since being released, H.R. 4796 has garnered broad based industry backing and support. In addition, the bill is generating considerable Congressional interest and support. To monitor H.R. 4796's progress, please see www.govtrack.us.
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