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Med Mal News
Judge Clears Up Intersection of MCARE, Tort Claims Act
The federal government could end up paying millions of dollars in a medical malpractice suit, just as a privately funded hospital would, a federal judge has ruled in a case that clarifies how state and federal law intersect on the issue.
The parents of a baby born in a federally funded hospital filed suit against the government under the Federal Tort Claims Act, which lifts the government's sovereign immunity and allows people to sue, because the doctor who handled the delivery fractured the baby's skull by improperly using forceps. The child, now two years old, has severe and permanent injuries from the skull fractures, the parents allege. They are seeking more than $15 million for future medical expenses.
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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.
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?
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.