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Med Mal News
Med Mal Jury Verdicts in PA Hit 15-Year Low
According to statistics recently published by the Administrative Office of Pennsylvania Courts (AOPC), 2015 saw the state's fewest medical malpractice jury verdicts in 15 years. For example, in the years 2000 to 2003, the average number of medical malpractice verdicts was 326, while in 2015 only 101 medical malpractice verdicts were returned. Of these latter decisions, only 22 went to the plaintiff side. The slide in med-mal verdicts may be attributable to the rising costs of litigation in Pennsylvania, which have prompted many potential litigants to opt for mediation or arbitration as an alternative to the court system. In addition, some, such as plaintiff attorney John P. Gismondi, feel that the Medical Care Availability and Reduction of Error Act's (MCARE) requirement of expert certification prior to the filing of a suit has reduced the number of frivolous lawsuits, leaving behind only the stronger cases. “They tend to be, as a group, better cases than what existed in the system 10 years ago,” Gismondi said.
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HIPAA and Information After the Violence in Orlando
In the aftermath of the June mass shootings at Orlando nightclub Pulse, the town's mayor Buddy Dyer ' fearing that victims' families and friends might be left in dark as to their loved ones' conditions ' asked the federal government to waive the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to allow medical facilities to release patient information to them. It later became clear to all concerned that a waiver was unnecessary, as HIPAA already allows medical care providers to release general health status information to the public and the press (such as stating that a particular patient is in in stable or critical condition) and to disclose to family members and certain others more detailed information.
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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.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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.