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Med Mal News
Prison Overcrowding Leads To Suits for Inadequate Medical Care
On July 23, U.S. District Judge Thelton Henderson ruled that the State of California has repeatedly failed to adequately address the issue of prison overcrowding and the consequent delivery of substandard health care to prisoners, despite
that fact that Governor Arnold Schwarzenegger has declared a state of emergency over the issue. In his ruling, Justice Henderson ordered the creation of a special court to determine if prisoners should be released early or have their scheduled imprisonment dates delayed because of the problem. The judge on the Ninth U.S. Circuit Court of Appeals considered to be the most liberal, Judge Stephen Reinhards, has been appointed to the panel, along with U.S. District Judges Thelton Henderson and Lawrence Karlton.
The Prison Litigation Reform Act of 1995, which has been in effect for 12 years, did away with the ability of single judges to order early releases or prison entry delays because of overcrowding and instead put in place a three-judge-panel requirement for such decisions. These panels may be convened when less intrusive measures have failed and the state has had a reasonable time to comply with reform orders but has not done so. In the California prison system's case, the Governor has tried to relieve overcrowding by shipping prisoner volunteers to out-of-state facilities that will take them, but only about 400 prisoners have been moved.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.