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Med Mal News
Statute Mandating Communication with Patient Gives Her No Standing to Sue
A court in Hartford, CT, has determined that, although under state law (Connecticut General Statutes (C.G.S.) ' 38a-503(c)), doctors are required to give patients information about the density of their breast tissue, a doctor's failure to do so does not give the patient a statutory cause of action against him. The plaintiff in Guiliano v. Jefferson Radiology alleged a breach of C.G.S. ' 38a-503(c) by her doctor, and she sought damages from him and his employer based on that breach. The defendants moved to strike, and the court complied with their request after finding that the statute did not establish a private right of action. The court did point out, however, that the plaintiff is free to re-plead to allege failure to communicate with her about her breast tissue density ' provided she does so without reference to the statute.
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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.