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Med Mal News
Bill Introduced to End Confusion over TX High Court Decision
In response to a 2012 Texas Supreme Court decision, Rep. Chris Turner, D-Grand Prairie, has introduced House Bill 956, which would limit health care liability claims to medical patients or those representing them. Under the terms proposed by the bill, a health care liability claim would have to be directly related to the provision of health care. The bill's language explains that the term “health care” does “not include claims arising from an injury to or death of a person who is not a patient, including employment and premises liability claims.” The need for this legislation, according to its advocates, is to remedy the situation created by the State Supreme Court's Texas West Oaks Hospital v. Williams decision, which held that a claimant did not have to be a patient of a health care provider for his claim to fall under the Texas Medical Liability Act. David Chamberlain, president of the Texas Chapters of the American Board of Trial Advocates, explains: “There has been some confusion over how far this goes, and there has been a lot of litigation over it. If we could calm the litigation and make it more clear about who is covered or who is not, that would be a good thing.”
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?