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In the Aftermath of Katrina
In the aftermath of Hurricane Katrina, people from all walks of life and from all corners of the world want to reach out to do what they can to help the victims of this unfathomable disaster. Schoolchildren are raising pennies to help those in need while relief organizations send supplies from all regions of the country. On the ground where this disaster struck in Louisiana and Mississippi, however, thousands of caring individuals have been providing emergency first aid and medical care to their neighbors in need. When licensed health care workers respond to the urgent needs of the hurricane's victims, what kinds of liability might they be opening themselves up to?
Good Samaritan laws are enacted to protect health care professionals and other rescuers who provide reasonable and gratuitous care, usually in an emergency setting, from a lawsuit alleging negligence in the performance of such care. These laws are not designed to prevent a potential plaintiff from filing suit based on alleged negligence but rather serve in the nature of an affirmative defense to such a suit. The first Good Samaritan law was passed in California in 1959, and since that time, all 50 states have passed some type of similar legislation. Such laws were enacted to remove the common law liability associated with rescue and emergency care so as to encourage people to stop and render aid to their fellow citizens.
Following is a brief summary of the Good Samaritan statutory and case law in Mississippi and Louisiana. It seeks to provide a better understanding to those who may counsel these caregivers of their legal protections should they face a tort claim arising from care rendered in the wake of the unimaginable tragedy left behind Hurricane Katrina.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?