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New York Law Journal

Appeals Court Overturns Verdict in MedMal Case

The New York Court of Appeals has overturned a $1.5 million medical malpractice and wrongful death verdict against a psychiatrist, won by the widow of a man who killed himself under the effects of prescribed antidepressants.
7 minute read

New York Law Journal

Appeals Court Overturns Verdict in MedMal Case

The New York Court of Appeals has overturned a $1.5 million medical malpractice and wrongful death verdict against a psychiatrist, won by the widow of a man who killed himself under the effects of prescribed antidepressants.
7 minute read

The Legal Intelligencer

Kaolin Workers Union v. Pa. Labor Relations Bd., PICS Case No. 16-0818 (Pa. Commw. June 15, 2016) Covey, J. (10 pages).

Board correctly decertified union after an election because the board's adoption of a three-year contract bar was proper since the board's interpretation of the last sentence of §7(c) of the Pennsylvania Labor Relations Act (PLRA) had to be given controlling weight. Affirmed.
6 minute read

The Legal Intelligencer

Honis v. Giant Food Stores Inc., PICS Case No. 16-0816 (Pa. Super. June 16, 2016) (memorandum) Stabile, J. (16 pages).

Grocery store was entitled to nonsuit of a premises liability resulting from a slip and fall on a beverage can located in a checkout aisle, where injured party could not prove the can was placed there through the actions of the store. Order of the trial court affirmed.
5 minute read

The Legal Intelligencer

Sutch v. Roxborough Mem'l Hosp., PICS Case No. 16-0770 (Pa. Super. June 15, 2016) Gantman, P.J. (79 pages).

Trial court erred in holding medical malpractice defense counsel in contempt for medical expert's mention of decedent's smoking habit because there was no evidence that counsel intentionally violated any court order. Reversed.
7 minute read

The Legal Intelligencer

D.K.D. v. A.L.C., PICS Case No. 16-0814 (Pa. Super. June 15, 2016) Bowes, J. (28 pages).

The trial court erred in granting mother's petition to relocate with the parties' child to Florida where mother's actions evidenced that she intended to relocate because of her personal desire to relocate. Order of the trial court reversed, case remanded.
7 minute read

The Legal Intelligencer

Pipe v. Shepherd, PICS Case No. 16-0820 (Pa. Super. June 3, 2016) (memorandum) Dubow, J. (12 pages).

Trial court properly dismissed administratrix' medical malpractice claims against New York doctor and hospital because, under the version of Pa.C.R.P. 1006(a.1) and 1006(c)(2) in effect at the time she filed her complaint, Bradford County was not the proper venue where there were no claims that doctor or hospital treated decedent anywhere other than in New York. Affirmed.
7 minute read

The Legal Intelligencer

In the Interest of A.G.C., PICS Case No. 16-0817 (Pa. Super. June 16, 2016) Stevens, P.J. (15 pages).

Juvenile court properly made a delinquency adjudication and dispositional order for juvenile found involved in an act of indecent assault, because juvenile court properly refused to disclose the name of the camp counselor to whom victim reported the abuse. Affirmed.
6 minute read

Corporate Counsel

Client Has No Claim to Lawyer's Communication With Firm GC

Discussions between a law firm's attorneys and the firm's general counsel about ethical obligations in representing a client can be withheld from the client based on attorney-client privilege, a Manhattan appeals court ruled Thursday.
51 minute read

National Law Journal

West Virginia Loses 'Unusual' Health Law Challenge in D.C. Circuit

The U.S. Court of Appeals for the D.C. Circuit on Friday rejected what it called an "unusual" challenge by West Virginia to the Obama administration's decision in 2013 not to enforce certain Affordable Care Act provisions during a transitional period after the health care law's enactment.
5 minute read

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