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Law.com

Virginia High Court Reverses Patient's $1.6M Med Mal Verdict: Low Blood Sodium Levels 'Part of a Wide Range' of Causes

The high court concluded the trial court erroneously refused a jury instruction supporting the defendants' theory that the patient could have sustained a traumatic brain injury from a fall from other means than what was presented by the plaintiff.
5 minute read

New York Law Journal

NY's Top Court to Mull Religious Group's Appeal of Abortion Coverage Mandate

Noel Francisco, a former U.S. solicitor general, and partner-in-charge at Jones Day's Washington, D.C. office is set to argue on behalf of the coalition, while New York Assistant Solicitor General Laura Etlinger will argue for the New York State Department of Financial Services' 2017 regulation.
4 minute read

Texas Lawyer

Ex-Wife Can't Be Forced to Discuss Alleged Abortion, Court Rules

Compelling production of information on how the ex-wife allegedly obtained an abortion-inducing medication would violate her civil rights under the Fifth and Fourteenth Amendments, the Fourteenth Court of Appeals held.
4 minute read

Law.com

A Game to 'Get Out of Trial:' Med-Mal Plaintiff Seeks Rule Change After Defendants Wait Out Statute of Limitations Before Pressing Defective Service Arguments

"Why did you extend all this legal work to the financial detriment of your client?" Ohio Justice Melody J. Stewart asked.
5 minute read

Corporate Counsel

Feds Align With State AGs to Toughen Health Care Antitrust Enforcement

Regulators say the consequences of anti-competitive practices in health care can be especially grave. It "is often the difference between life and death," Assistant Attorney General Jonathan Kanter said.
5 minute read

Law.com

Ohio Court Upholds $700K Med Mal Judgment: Mention of Surgeon's License Revocation or Other Lawsuits Didn't Prejudice Defendants

"After carefully reviewing the record, we hold that had the trial court precluded admission of the challenged aspects of the Durrani collage and any reference to Durrani's license revocations and the other lawsuits, the jury likely would have reached the same verdict," wrote Judge Ginger S. Bock for the Ohio First District Court of Appeals. "Therefore, the trial court did not abuse its discretion by denying defendants' motion for a new trial."
4 minute read

New York Law Journal

Health Care AI: The New Buzzword in a Shifting Legal Regime

Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.
8 minute read

National Law Journal

How Hospitals and Health Systems Can Align With Physicians to Achieve Shared Objectives

"As health systems work to align with physicians in a market that demands agility and innovation, despite increasing cost pressures and lingering financial challenges from the COVID-19 pandemic, it is critical that physician alignment strategies plan for the future while adapting to current conditions."
5 minute read

Daily Report Online

Transgender Woman's Discrimination Claims Against Behavioral Health Hospital Cleared for Trial

In making his decision in the present case, Ray relied on U.S. Supreme Court case law Bostock v. Clayton County (2020), to establish that the denial of Samantha Jolley's health-care benefits amounted to intentional sex discrimination. Beal Sutherland Berlin & Brown partner Brian Sutherland served as lead counsel at the U.S. Supreme Court for Bostock in the landmark LGBTQ case, which has an impact on the firm's present fight.
4 minute read

National Law Journal

Antitrust Cops Disavow Collusion 'Safety Zones,' Leaving Companies Walking on Eggshells

The DOJ's and FTC's retreat from long-standing guidance on information-sharing appears to have been intended "to inject some uncertainty—to make people nervous about antitrust," Fenwick & West partner Steve Albertson said. "And it worked."
6 minute read

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