On July 1, after a three-month bench trial, a state court judge in Minnesota ruled that in failing to provide rest breaks, Wal-Mart broke state labor laws more than 2 million times. Judge Robert King Jr. awarded $6.5 million in compensatory damages to the class, which consists of about 56,000 Wal-Mart employees in Minnesota.
With the advent of fee dispute arbitration, many litigants are quickly becoming more informed about their lawyers' responsibilities. This has led to significant court actions with regard to discharging attorneys 'for cause,' where the attorneys forfeit their fees. In the context of inadequate financial discovery, at least one court has already allowed a client to discharge an attorney for cause, despite the court's view that the attorney did not commit actionable malpractice.
The latest news of importance to you and your practice.
Important happenings in this crucial area.
In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.
In last month's issue, we noted that the federal government, drug companies and consumer watchdogs are increasing their efforts to find out whether a host of pharmaceutical products, when taken, can tend to render consumers susceptible to suicidal thoughts and/or actions. We continue the discussion in Part Two.
When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation.
Attorneys are increasingly asking clinicians to evaluate their clients' (or their relatives') financial and legal capacities, as well as their ability to live independently. These evaluations have both legal and ethical implications because the determination can make the difference between maintaining an individual's right to autonomy and his need for protection. Although determinations regarding capacity can limit or remove one's freedom to make financial and legal decisions, they may be necessary to safeguard patients from being exploited.
There has been a lot of confusion between the terms 'Parental Alienation Syndrome' (hereinafter 'PAS') and parental alienation. Nearly every state considers parental alienation a factor in determining child custody. Some states even go further and impose tort liability on the person who alienates a child from the other parent. This article explains in depth.
