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New York Law Journal

Otts v. Colvin

By | November 21, 2016
DIB, SSI Benefits' Denial Remanded; ALJ Failed To Reconcile RFC Finding With Medical Record
3 minute read

New York Law Journal

Court Declines to Take Up Nursing Home Arbitration

The state Court of Appeals said it will not take up the appeal of a ruling over whether New York nursing homes may compel patients to submit to arbitration if they have a grievance about their care or conditions at their facility.
10 minute read

The Recorder

Armin v. Riverside Community Hospital

By | November 18, 2016
5 minute read

Connecticut Law Tribune

Ambulance Company to Pay $722,290 for 'Gross, Willful or Wanton Negligence'

A Connecticut judge ruled American Medical Response of Connecticut is not protected by the Good Samaritan Act after a paramedic botched inserting an IV line into a patient.
6 minute read

New York Law Journal

Drafting Suggestions for Medicaid Trusts in Light of 'Flannery v. Zucker'

In his Elder Law column, Daniel G. Fish writes: In light of the various cases in which Medicaid has postulated a scenario that would fit within the "under any circumstance" language, drafters of inter-vivos trusts must exercise caution.
12 minute read

Corporate Counsel

US Justice Department Has a Duty to Defend—Only When It Doesn't

Obama's DOJ drew criticism for dropping DOMA. What laws will Trump's administration stop defending?
12 minute read

The Legal Intelligencer

Kelley v. Pittman, PICS Case No. 16-1379 (Pa. Super. Nov. 4, 2016) Stevens, J. (20 pages).

By | November 18, 2016
Appellee was not entitled to discovery of documents used in drafting of child custody evaluation report alleging abuse by appellee, and personal information of mental health professional who prepared said report. Order of the trial court's discovery order reversed.
7 minute read

National Law Journal

The Quotable Jeff Sessions: Supreme Court Edition

In choosing Alabama Republican Sen. Jeff Sessions as his nominee for U.S. attorney general, President-elect Donald Trump selected a reliably conservative and outspoken critic of some the U.S. Supreme Court's recent and most controversial liberal-leaning rulings. Here's a snapshot of what Sessions had to say on a few of those cases, and about the Supreme Court nominations of Samuel Alito, Sonia Sotomayor and Elena Kagan.
12 minute read

National Law Journal

US Justice Department Has a Duty to Defend—Only When It Doesn't

As startling as the U.S. Justice Department's abandonment of the Defense of Marriage Act might have appeared in 2011, presidential administrations of both political parties have exercised discretion to decline to defend certain laws. Donald Trump's Justice Department is next up to balk at the duty to defend.
12 minute read

Daily Business Review

Video Hearings Challenged in Mental Health Cases

Public defenders this week asked the Florida Supreme Court to at least temporarily block judges in Lee County from holding videoconference hearings in cases about whether mentally ill people should be involuntarily committed to treatment facilities.
6 minute read

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