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Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk
There's a new conservative political administration in Washington, DC, and at press time, as we await the confirmation of a ninth Supreme Court Justice — one who, no doubt, will lean right — questions concerning the changes to come are swirling. From civil rights to health care insurance coverage to a woman's right to choose, attempts to change the status quo are not only possible, but probable.
With this climate in mind, we look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action. Stinnett v. Kennedy, 2016 Ala. LEXIS 148 (Alabama, 12/30/16). In Stinnett, the Alabama high court reinstated a dismissed wrongful death cause of action and returned it to the lower court for trial on the issues. This one has the potential not only to increase the risk of liability for obstetricians and other health care providers whose actions adversely affect an unborn child, but also to serve as a vehicle for a realigned Supreme Court to revisit Roe v. Wade.
A Mistaken Diagnosis?
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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?