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Daily Report Online

'Devastating Financial Consequences': Dispute Over Thrice-Approved Emergency Department Plan Up Again for Reconsideration

"There's a lot at stake [for Houston Hospitals," said lead counsel Jason Bring of Arnall Golden Gregory. "The freestanding emergency department is proposed to go almost directly between two existing hospitals, within seven or eight miles. As you might expect, that will draw patients away from our hospitals … and the impact on them will be 10% [of their patients and revenue] at minimum, but likely in excess of that.
5 minute read

National Law Journal

Predictions for What the 2023 Merger Guidelines Mean in the Health Care Industry

The revamped guidelines are yet another tool for the agencies to use as they seek to push back against consolidation— particularly with respect to cross-market and vertical mergers that the agencies have previously had less success in challenging.
8 minute read

Law.com

Ohio Appellate Court: Embryos Aren't Marital Property Subject to Division in Divorce

The wife, also an attorney, argued that the trial court erred in applying a fertility clinic's declaration of intent contract without balancing the parties' interests when determining the proper disposition of the 14 frozen embryos.
6 minute read

Daily Business Review

Legionnaires' Disease Is Back, and Litigation Is Hitting Courts

"It's making a comeback," attorney Eric Shane of Leesfield & Partners said.
5 minute read

Corporate Counsel

Founding GC of Animal Health Giant Zoetis Steps Down

Heidi Chen spent 13 years at Pfizer before she helped spin out the company's animal-health business into a stand-alone public company in 2012 and became its first legal chief.
2 minute read

The Legal Intelligencer

Reading Hospital Agrees to $32.5M Settlement in Phila. Birth Injury Suit

Ross Feller Casey founding partner Matt Casey said his firm took on the case after the first attorney the injured child's family contacted turned it down.
4 minute read

Law.com

Judge Sides With Sanofi, Dismissing Patient's Claims Against Cancer Medication Taxotere

The plaintiff sought to file an amended complaint, which would replace her short form complaint that defines "Permanent Chemotherapy Induced Alopecia," using identical language in which the multidistrict litigation court previously rejected. Chief U.S. District Judge Michael F. Urbanski rejected the plaintiff's request and agreed with Sanofi as to each of the plaintiff's claims.
4 minute read

Corporate Counsel

Orthofix Replaces Legal Chief Fired for 'Offensive Conduct'

"This is an exciting time for the company, and I look forward to helping Orthofix become an even stronger competitor in the market," Andres Cedron said.
3 minute read

New Jersey Law Journal

New Jersey Supreme Court Vacates $24.3M Jury Award to Neurosurgeons Over Incorrect Jury Charge

"The trial judge failed to instruct the jury that the only underlying contract to which the implied covenant could attach to had to be one beyond the rights afforded by Valley's medical staff bylaws," Justice Douglas M. Fasciale said. "Adding to the significant uncertainty created by the jury charge and verdict sheet are the improper admission into evidence of the privileged emails and the improper remarks by plaintiffs' attorney."
6 minute read

Law.com

Hospital May Be Held Liable for Independent Contractor Doctors, Washington Court Holds

"However, where an entity has a nondelegable duty, it cannot avoid liability simply by delegating its duty to an independent contractor," Chief Justice Steven C. González wrote on behalf of the Washington Supreme Court. "Instead, an entity will be vicariously liable for the independent contractor's negligent performance of that duty absent special circumstances not present here."
3 minute read

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