Bribery & Corruption in the Military. A Front-Line View (Part II)
A Moment of Simple Justice - Vaccines
A Moment of Simple Justice - Felony Everything
How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Uncovering Factory Farming - The Effects of Ag Gag Laws
A Moment of Simple Justice - Undercover Lover
Trial by Jury: Why It Matters in a Democratic Society
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more
The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015.
Federal Court Cases -
Fifth Circuit Upholds...more
It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more
Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). -
The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more
The Healthcare Quality Improvement Act of 1986 ("HCQIA") is a federal law enacted to establish a national tracking system of healthcare practitioners with a history of medical malpractice payments or adverse actions. A...more
Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more
Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other...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
La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more
La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....more
The governor and attorney general of New Hampshire are fighting a subpoena to testify about state efforts to take $110 million from a malpractice fund to plug a budget hole. Policyholders of the medical malpractice Joint...more
Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws.
As explained in this NPR...more
The Third Circuit Court of Appeal in Louisiana has ruled the state’s $500,000 malpractice cap to be unconstitutional.
Joe and Helena Oliver had sought relief from the Louisiana Medical Malpractice Act, which shrank the...more
Massachusetts obtained a $3 million grant to study "alternatives" to a consumer's 7th Amendment right to a jury trial when it comes medical malpractice claims. The grant is part of a U.S. Department of Health and Human...more
In yet another recent set-back to health care providers, the Washington Supreme Court ruled last week that RCW 7.70.100(1), which requires that a 90 day pre-suit notice be provided prior to filing professional negligence...more
Recently, the Supreme Court of Georgia issued three opinions on the constitutionality of key provisions of the Georgia Tort Reform Act of 2005. In separate cases, the Court upheld the constitutionality of a “gross...more
Illinois Supreme Courts bucks the trend and finds that tort reform malpractice liability caps violate the separation of powers clause of the Illinois constitution....more
This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more
The Montana Supreme Court ducks issue of whether the State Constitution provides a right to die with dignity by holding that physician assisted suicide is no prohibited by state statutes....more
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