Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Verdicts
'Foreign Object' Exception To Statute of Limitations Does Not Apply
A New York appeals court has held that, because a catheter left behind in the plaintiff's body must be characterized as a “fixation device” and not as a “foreign object,” any suit seeking damages for injury therefrom must be filed within the normal period authorized for bringing medical malpractice claims. Walton v. Strong Memorial Hospital, 2014 NY Slip Op 1084 (App. Div., 4th Dept. 2/14/14).
The trial court (Supreme Court, Erie County (John M. Curran, J.)), dismissed all claims seeking damages for injuries allegedly caused when a polyvinyl catheter was left behind in the then-three-year-old plaintiff's chest cavity following heart surgery. This device and others had been intended to stay in the child's body for a short time as monitoring devices; three days following surgery a follow-up procedure was performed to remove them. A nursing note made at that time indicated a catheter “possibly broke off with a portion remaining in [patient].” In 2008, when the patient had reached the age of 25, that missing piece of catheter was found, and he underwent another procedure to have it removed. The plaintiff then brought suit against the medical care providers who operated on him when he was a child. They sought and were granted dismissal of the claims for untimely filing.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?