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In addition to claims for medical negligence, medical professionals and the facilities for which they work may be exposed to claims for breach of contract based on a theory that patients are third-party beneficiaries of contracts between medical facilities and their physicians. Such actions may lead to liability for physicians who have no direct relationship with the patient at issue, but careful drafting of agreements between facilities such as nursing homes and hospitals and their physicians may prevent patients and their lawyers from bringing successful third-party beneficiary breach of contract claims.
Features
What limitations does a municipality face in excluding religious uses in commercial or industrial districts? That issue has arisen in several cases over the last year and a half, most recently in <i>Western New York District, Inc. v. Village of Lancaster</i>. Although neither New York nor federal courts have definitively answered that question, it appears that municipalities enjoy more latitude to exclude religious uses in commercial and industrial districts than they enjoy with respect to residential districts.
Recent rulings of interest to you and your practice.
By reader request: A new column highlighting news in neighboring states.
Features
Lawyers whose clients refuse to pay their fees routinely file lawsuits and win judgments against them. Attorney Ellen Marshall's disputes with a former divorce client, however, have been anything but routine. Then again, Warren Matthei is no ordinary client. Matthei, a millionaire stockbroker from Summit, NJ, spent nearly a decade in jail ' first for refusing to pay child support to his ex-wife, and later for refusing to pay Marshall's attorney fees.
