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Med Mal News
Subrogation Claims Against Medical Care Providers Reinstated
A Florida appeals court has reversed a trial court's dismissal of claims made by third parties against medical care providers, after concluding that they had a legitimate interest in not paying an injured plaintiffs damages attributable not to the negligent operation of a motor vehicle, but to medical malpractice. Allstate Insurance Co. v. Theodotou, 2015 Fla. App. LEXIS 11187 (Fla. 5th DCA 7/24/15).
The plaintiff in the underlying case, Benjamin Edward Hintz, was struck by a car driven by Emily Boozer while riding his scooter. Boozer and her father (who owned car) were found liable for damages of more than $11 million. Their auto insurer, Allstate, paid the policy limit of $1.1 million, but the remainder is still unpaid. During trial, the the defendants had attempted to present evidence that Hintz was negligently treated for his injuries by two doctors at Holmes Regional Medical Center, but they were prevented.
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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
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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?
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The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.