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Pejorative Statements by Former Patient are not Defamatory, but Protected Opinion

It is fair to say that doctors trade on their reputations more so than most other professionals. When one relies on the doctor to ensure his or her health, and occasionally save a life, the import of such a choice often...more

Kurwa v. Kislinger: California Supreme Court Holds No End-Run Around the "One Final Judgment Rule" By Means of Voluntary...

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of...more

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Faitro v. Top Surgeons et al.

Demurrer to First Amended Complaint

Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more

Faitro v. Top Surgeons et al.

Defendants' Petition to Compel Arbitration

Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more

"Infected" Tissue Claim Not A Consumer Fraud Claim

Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. Now comes a decision about a non-consumer product consumer fraud claim. A...more

Legal Update: Case Developments in New York that Affect MSPs

Minimum Hospital Standards and Appropriateness Review-Updated Credentialing and Privileging Standards • Prior to December 22, 2010, hospitals were obligated under New York law to “look back” ten (10) years in a physician’s...more

Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

SB 558 proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance of...more

Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch, False Advertising and Dental Malpractice in California - A...

Dental Fraud and Malpractice Attorney Sebastian Gibson Discusses Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch Tactics, False Advertising and Dental Malpractice in California and how a few bad apples in the...more

Las Vegas, Injury Lawyer, CPSC-Bike, Reserch, Bike Dangers

Las Vegas Injury Lawyer Research CPSC US Government Bike Danger Study Background Bicycle riding is one of the most popular recreational activities in the United States. The National Sporting Goods Association (1992)...more

Drowning Safety, Baby's Las Vegas Nevada, Injury Lawyer, Research

Drowning Safety, Baby's Las Vegas Nevada, Injury Lawyer, Research...more

Product Safety, Danger to Kids, Las Vegas Tort Law, Reserch

Las Vegas Injury Lawyer, Federal Protection- Research on Dangerous Products Kohl’s Department Stores Agrees to Pay $425,000 Civil Penalty for Failing to Report Drawstrings in Children’s Sweatshirts WASHINGTON, D.C. - The...more

Las Vegas, Injury, Lawyer, CPSC Bike, Reserch

Las Vegas, Nevada, Personal Injury Lawyer Bike Research, CPSC The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of...more

A HIPAA Primer

A primer on the Health Insurance Portability and Accountability Act of 1996 (HIPAA)....more

Las Vegas, Injury Lawyer, Dangers to Babys, CPSC

Las Vegas Lawyer, CPSC, Research, Baby Death Avoidance, Safety To prevent infant deaths due to soft bedding, the U.S. Consumer Product Safety Commission, the American Academy of Pediatrics, and the National Institute of...more

Safety Alert, Bikes, Las Vegas Injury Lawyer Find Law, Reserch

Las Vegas Nevada Injury Lawyer, CPSC Alert Bike Safety Many bicycle-car crashes can be avoided by applying the rules of the road and by increasing attentiveness of cyclists and motorists. Bicyclists have a legal right to...more

Las Vegas, Injury Lawyer-Reserch, CPSC, Bike Safety

Las Vegas Injury Lawyer, Nevada Bike Safety, CPSC CPSC Urges Bicyclists to Wear Helmets 009608 Each year about 800 bicyclists are killed and more than half a million are treated in hospital emergency rooms. In...more

CPSC Crib Safety, Product Safety, Las Vegas, Injury Lawyer -Reserch

Crib, Baby Safety Las Vegas, Nevada, Lawyer Reserch No missing or broken slats. This prevents a baby from getting trapped between the broken crib parts, causing possible suffocation or strangulation. b. corner posts...more

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