End Game in the Fight Over Same Sex Marriage?
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The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy
In recent years, causes of action for “failure to train,” or allegations predicated on a duty to train, have been on the rise in cases against medical device manufacturers. Historically, however, such claims and allegations...more
Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more
On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more
A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA.
The law, passed during the 2013 legislative session and effective only on July 1 2013,...more
On June 5, 2013, Florida Governor Rick Scott signed into law Senate Bill 1792, which allows for “ex parte communications” in medical negligence cases. Ex parte communications are private conversations about a patient’s...more
In This Issue:
• State Courts Should Handle Patent Malpractice Cases
• “A” and “An” in Claims Mean “One or More”
• No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more
On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more
Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more
For most lawyers, attaining partnership is an achievement, a moment of happiness and relief. However, recent events may be increasing awareness that what seems like a reason to celebrate may actually be the start of a...more
Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...more
In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO...more
This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more
This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more
Plaintiff, suffering from pain and nausea, goes to the hospital and is administered an injection of promethazine HCL (otherwise known as Phenergan). The injection was accidentally put in plaintiff's artery instead of her...more
When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more
This is an opposition brief to a medical malpractice defendant’s motion asking the court to allow defense counsel to hold ex parte meetings with subsequent treating physicians of the plaintiff, under the HIPAA statute. This...more
This is a federal judge’s memorandum opinion in a case concerning failure to warn a patient about his risk for pulmonary embolism from having his calf casted for treatment of a ruptured Achillles tendon. The judge awarded...more
This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy...more
Petitioners Robert Milavetz and Barbara Nevin are attorneys who provide bankruptcy ad-vice and counseling to clients. They practice as part of petitioner law firm Mi-lavetz, Gallop, and Milavetz, P.A. Petitioners Ronald and...more
In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more
This pleading persuaded a federal judge in the District of Columbia to apply Maryland law to loss of consortium damages in a Federal Tort Claims Act case that arose from negligent medical treatment at Walter Reed Army Medical...more
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