Lawyer Says LexisNexis Charges Sneaky Fees
Headline Legal News
Courthouse News reports that Reed Elsevier, which owns and operates the LesixNexis legal research site, charges subscribers extra fees for searches without warning them, an attorney claims in a federal class action. Andrew Dieden claims subscribers are not informed they must click the "My Lexis" tab before conducting a search, to avoid the extra charges.
Dieden says he logged on to LexisNexis believing his employment law searches were covered under his monthly subscription. But his credit card statements showed extra fees "that turned out to exceed many times the amount" of his subscription, simply because he did not click on the "My Lexis" tab before he began his searches, he says.
Dieden says a LexisNexis representative told him it might be able to reduce or eliminate the additional charges if he agreed to change from a monthly to an annual subscription. When he declined, he says, the company refused to drop the charges.
He seeks actual, statutory and general damages for breach of contract, fraud, negligent misrepresentation and unjust enrichment.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.