Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]

Dominion and Smartmatic Suit Against Fox Proceeds

The J6 Committee’s hearings are making it pretty clear that Giuliani, Sydney Powell, Jenna Ellis, and Lin Wood don’t have much protection. But we knew that from the sanctions entered against them in the courts where they appeared for the ex-president. Now the attention turns to the suits filed by the election machine manufacturers against […]

Why is rehab important?

Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]

Hospital Liability for Independent Contractor: $111M Verdict

Hospitals are typically found responsible for employees like nurses, technicians, and physicians who are directly employed. However, in many jurisdictions, there are remedies that attach liability to the Hospital for other healthcare providers. Developing the factual evidence to pursue extraordinary remedies like this require a lawyer with experience. … a hospital may be held vicariously […]

Don’t Damn Me (Libel versus Invasion of Privacy)

With the never-ending Johnny Depp versus Amber Heard trial ongoing in Virginia, libel is all the rage. It’s a hot tort, what with all the crazy talk and nasty, personal name-calling going on everywhere. If offended, keep in mind the standard of proof you may be required to meet. You don’t want a judge making […]

The Companies Making Billions Off The Opioid Epidemic Want You To Know They Are (Really) Sorrry (Really)

“While our intent was not to fuel the epidemic, we failed to recognize the broader context of what was going on in society around us,” said Bob Sternfels, who assumed his role as global managing partner leading the 38,000-employee firm in July 2021. “That’s why we have new protocols and policies in place to prevent […]

Lee Health Loves Damage Caps, But Only for Itself. Everyone Else Is Expected to Pay Full Freight.

The news is that two Florida public hospitals want in – at the last minute – on the State’s opioid lawsuit. They’re afraid they may get cut off from money available arising out of the opioid prescriptions filled out by their employees. Judge Denies Sarasota Hospital and Lee Health Motion Intervene in Opioid Settlement I’ve […]

Kaiser Permanante Has It All Wrong

“They insist that you go through an advice nurse as opposed to just calling the doctor directly to set up an appointment, which was what I was trying to do,” Flach said. “You should have the option of calling your own doctor.” Kaiser doesn’t just get between you and your doctor. They also get between […]