Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.
Editor's note: Last month, the authors began discussion of the recent New Jersey Appellate Division opinion in Ptaszynski v. Atlantic Health Sys. Inc., 440 N.J. Super. 24 (App. Div. 2015), an otherwise typical nursing home case made different when the plaintiffs tried to obtain a more favorable presentation to the jury by utilizing numerous provisions of New Jersey's Nursing Home Responsibilities and Rights of Residents Act (NHA), N.J.S.A. 30:13-1 to -17 to expand their claims and available damages. They now continue their discussion of the case and its impact on medical malpractice litigation in New Jersey.
Additional Problems with the Ptaszynski Case
The Appellate Division found that the Ptaszynski jury was not instructed in a way that ensured that the plaintiff was not awarded duplicative damages on the NHA and negligence claims. At trial, the plaintiff had presented only one harm that resulted from the defendant's alleged malpractice and NHA violations ' the development of pressure ulcers causing the plaintiff's death. However, the trial court had failed to instruct the jury that it could not award the plaintiff separate damages for the defendant's violations of the NHA and for negligence based on the same injuries or harm to Mrs. Ptaszynski.
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.
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.