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August 09, 2022 | Daily Report Online

Supreme Court of Georgia Issues 6 Attorney Discipline Opinions

High court of Georgia disbars two lawyers, accepts voluntary petition for reprimand, accepts voluntary surrender of license, accepts petition for interim suspension, affirms denial of application for certification of fitness to practice law.
63 minute read
July 03, 2022 | The Legal Intelligencer

Judge Upgrades Data Breach Claims Against Marriott Based on Overpayment Theory

The novel "overpayment theory" of damages at the center of the Marriott class certification analysis cut through many of the problems of individualized harm that have stymied efforts to certify data breach classes in the past. This theory could represent a major change to the landscape of consumer data breach litigation.
8 minute read
June 01, 2022 | The Legal Intelligencer

Widow of Nursing Assistant Killed in Jefferson Hospital Shooting Lodges Lawsuit

According to the complaint, Hayes dressed in civilian attire and wore a cross-body bag with multiple weapons, including an assault rifle and handgun, and freely passed through the hospital's security gate without a metal detector screening or pat down.
3 minute read
May 31, 2022 | New York Law Journal

Chutes and Ladders: Recent Cases Involving New York's 'Scaffold Law'

The number of new cases in this area of law is constant. The cases discussed herein are representative highlights of some of the recent opinions regarding litigation of Labor Law §240(1) claims by workers injured in the performance of their jobs where "elevation" and "force of gravity" provide added risks to their assigned tasks.
23 minute read
May 03, 2022 | New York Law Journal

Cognitive Awareness as a Prerequisite for Damages Under PHL 2801-d

New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
8 minute read
April 05, 2022 | Insurance Coverage Law Center

Motorists Mutual Ins. Co. v. Ironics, Inc.

The Ohio Supreme Court has declined to adopt the "integrated system" rule as a means of avoiding coverage for losses involving property damage due to the incorporation of the insured's product into a larger whole.
70 minute read
April 01, 2022 | Insurance Coverage Law Center

G.M.M. v. Kimpson

"Justice should mean the same thing for every American. That's why we need to make big, systemic changes to the way civil damages are determined in this country, to recognize the value of every life and to end the implementation of discriminatory calculations," said Sue Steinman of the American Association for Justice.
75 minute read
December 10, 2021 | Texas Lawyer

Opining on Sexual Abuse in a Nursing Home

When a nursing resident is alleged to have been sexually abused and a lawsuit follows, a key person for plaintiff attorneys to retain is a competent expert witness. Naturally, that person must be properly credentialed and have the requisite experience. But there's more.
9 minute read
October 15, 2021 | New York Law Journal

SPACs: Great for Celebrities, But What About Dissenting Shareholders?

The day of reckoning may finally be upon Wall Street's long-running reality show. The overlooked concerns and drowned-out voices of the dissenting shareholders are now being heard and, in response, SPACs have been forced to become more transparent and accountable.
10 minute read
September 29, 2021 | The Recorder

SPAC Action Met With Litigation and Regulatory Reaction

Consistent with Newton's Third Law, the SPAC boom has seen an significant reaction from regulators, civil plaintiffs, academics and commentators of all stripes.
9 minute read