Kristie Rearick

April 09, 2018 | The Legal Intelligencer

As longtime readers of this column are aware, I am an enthusiastic supporter of electronic filing on appeal. Appellate e-filing has long been mandatory for attorneys in the U.S. Court of Appeals for the Third Circuit and other federal appellate courts, but it remains optional for attorneys in the Pennsylvania state appellate courts.

By Howard J. Bashman

6 minute read

April 07, 2018 | The Legal Intelligencer

Throughout the course of medical malpractice cases, depositions are a key component of the process of discovery. In these cases, it is common practice for defense counsel to seek the depositions of family members of named plaintiffs.

By Sarah Hart Charette

6 minute read

April 06, 2018 | The Legal Intelligencer

I remember it like it was yesterday. I was at trial, sitting at the defense table and the plaintiff's electronic medical records (EMR) expert was testifying before the jury

By Ron G. Jones

8 minute read

April 06, 2018 | The Legal Intelligencer

The Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. C.S. Section 1303.101, et. seq., contains provisions which create an institutional “patient safety” process, and provides protections—contained in Section 1303.311— that afford to health care institutions the ability to report and investigate “serious events or incidents,” and develop and implement solutions to systemic patient safety problems that may lead to future “serious events or incidents” discovered thereby, free from concern about exposure during litigation discovery.

By Andrew Ralston

7 minute read

April 06, 2018 | The Legal Intelligencer

I listened in on a recent webinar hosted by one of my long-time marketing gurus Larry Bodine who is chief marketing strategist for LawLytics web marketing in Tucson, Arizona, and medical malpractice attorney John Fisher of Kingston, New York.

By Stacy West Clark

5 minute read

April 06, 2018 | The Legal Intelligencer

A recurring issue in cases involving injuries to patients or residents of nursing and rehabilitation facilities is the existence of and the importance to the case of agreements to arbitrate any disputes that arise from the admission.

By Stephen J. Pokiniewski Jr.

8 minute read

April 06, 2018 | The Legal Intelligencer

The recent discovery trend in medical malpractice litigation is to not only request a copy of the patient's medical record, but to also request the defendant's electronic medical record (EMR) "audit trail," which can show a true history of the chart entries including the identity of persons who have reviewed its information.

By Matthew P. Keris and Robert J. Aldrich III

8 minute read

April 05, 2018 | The Legal Intelligencer

As they say, "The more things change, the more they remain the same." And so it is with the changing forms of evidence in the digital age including various types of electronic messages and a wide variety of social media platforms designed for the exchange of information, photos and videos.

By Daniel E. Cummins

12 minute read

April 05, 2018 | The Legal Intelligencer

On March 20, the U.S. Supreme Court in Cyan v. Beaver County Employees Retirement Fund, reaffirmed that because federal and state courts share concurrent jurisdiction over class actions alleging violations of the Securities Act of 1933 (1933 Act), such actions can remain in state court.

By David C. Franceski Jr. and John J. Murphy

6 minute read

April 05, 2018 | The Legal Intelligencer

In July 2012, plaintiff Michael Jester, of Penn Ridge Farms LLC, and Robert Hutt, of Fantasy Lane Thoroughbred Racing Stable LLC, entered into a contract by which Penn Ridge agreed to provide boarding and breeding services to Fantasy Lane's thoroughbred stallion and broodmares at its farms, in Harrisburg.

By VerdictSearch

3 minute read