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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."New Jersey Ruling Empowers Banking and Insurance Commissioner
It will be interesting to watch the impact of this opinion, which could have significant consequences for New Jersey insureds.When it Comes to Avoiding Bad-Faith Judgments — Words Matter
Two insurance defense litigators offer their takeaways from select cases in 2021.Morris James Adds Counsel to Injury Law Practice
Morris James announced that Christopher Componovo has joined the firm's injury law practice.Reed Smith, Dentons Target Latam Disputes with Miami Partner Hires
Former Akerman partners Francisco Rodriguez and Sandra Millor moved to Reed Smith this month while Dentons added partners Angel Cortiñas and Jonathan Kaskel from Gunster.View more book results for the query "*"
Corporate Legal Departments Are Focusing Their Outsourcing Efforts
A new survey on legal outsourcing from Wolters Kluwer finds that corporate legal and compliance departments are becoming more selective about which providers get which type of work—and the Big 4 doesn't have much momentum.Lawyer's Apparent Illness Delays Florida School Shooter Case
No public explanation was given for the lawyer's absence, but Broward Circuit Judge Elizabeth Scherer asked McNeill's assistants if she was being tested.Police Use of Force Against the Mentally Ill: Circuit Court Developments, Part II
In this edition of his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.With Outsourcing Needs Rising, Chief Legal Officers Favor Specialized Providers Over Law Firms
Corporate legal and compliance departments are looking to legal technology providers more than law firms to handle an expected increase in outsourced work, according to a new Wolters Kluwer report.Trending Stories
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