Features
The Collateral Source Rule and State-Provided Services
As discussed last month, most states adhere to the collateral source rule to preclude defendants in med mal suits from presenting the jury with evidence that public benefits, such as state-provided special education and therapy, may be available to the plaintiff. Not all states have fallen in line with this general rule, however.
HIPAA Update
In 2012, OCR has entered into four settlement agreements with Corrective Action Plans (CAPs), more than in any year since HITECH went into effect; three of these arose from breach notifications, which had not happened before.
Drug Compounding: Many Considerations
The tug-of-war pitting patients against pharmaceutical companies against pharmacists selling competing compound drug mixtures to the public has lately gained greater urgency.
Features
Should a Custodial Parent Need Court Approval to Move?
Though each case involving relocation must be viewed individually, with the best interest of the children remaining the primary concern of parents and the courts, serious work must be done to meet the challenges of our changing society.
Custody Determinations: Childhood Obesity and the Law
Childhood obesity is only one element a court must consider when deciding whether parents are unfit to care for their child, and is often only part of a larger issue. That having been said, it cannot be ignored as a significant factor affecting a child's health and well-being.
Business Crimes Hotline
Tyco Resolves DOJ and SEC FCPA Enforcement Action On Sept. 24, Tyco International Ltd. (Tyco) resolved enforcement actions by the DOJ and the SEC for alleged violations of the FCPA. Fines and penalties totaled over $26 million ($13.68 in the DOJ enforcement action and over $13 million in the SEC enforcement action). As part of the resolution, Tyco Valves & Controls Middle East Inc. (TVC ME), an indirect wholly owned subsidiary of Tyco, plead guilty before…
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›