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Did the Trial Court Abuse Its Discretion When It Found the Defendant Impliedly Waived the Physician-Patient Privilege When the Defendant Brought His Mental Health Records into the Case?

In Gadeco, LLC v. Grynberg, No. 17SA247, (2018 CO 22), the Colorado Supreme Court considered whether the defendant Jack Grynberg (“Grynberg”) impliedly waived the physician–patient privilege by either requesting specific performance of a contract, or denying the plaintiffs’ allegations that he made

By T. Thomas Metier

/ 17 Apr 2018

What is the best way to deal with Sexual Harassment at Work?

Valerie and Leto talk about the best way to deal with sexual harassment at work.

By Legal Examiner Staffer

/ 17 Apr 2018

What is the best way to deal with Sexual Harassment at Work?

Sepsis and Medical Malpractice Claims

Sepsis is a potentially life-threatening bodily reaction to an infection that can develop outside of a hospital or even in a hospital setting. Though it is dangerous, sepsis is also commonly misdiagnosed—both for people presenting symptoms at the doctor or the emergency room and for…

By Legal Examiner Staffer

/ 17 Apr 2018

Think Traumatic Brain Injuries Are Rare? Think Again.

Traumatic brain injuries are known as the silent injuries for good reason. Know how to prevent and identify them, so you can help yourself and your loved ones.

By Legal Examiner Staffer

/ 16 Apr 2018

Think Traumatic Brain Injuries Are Rare? Think Again.

How the Wrong Medication can Cause Injuries

Patients fill billions of prescriptions they receive from doctors every year in the United States. In addition, a hospital may distribute different medications to thousands of patients on a daily basis. With such a wide variety of pharmaceuticals in use in the United States, medication…

By Legal Examiner Staffer

/ 16 Apr 2018

When an Invitee Was Killed on a Cattle Farm, Did the Company Owe the Invitee a Duty or Was the Danger Open and Obvious?

In Gregory v. Creekstone Farms Premium Beef, LLC, No. 17-3168, (10th Cir. March 29, 2018), the United States Court of Appeals for the Tenth Circuit, addressed the question in a wrongful death case filed by the survivors of the deceased. The Plaintiff’s son Richard Gates…

By T. Thomas Metier

/ 13 Apr 2018

Misdiagnoses in the E.R.

When something suddenly happens or you really don’t feel well after-hours at your doctor’s office, you may head to the nearest emergency room to get help. Emergency rooms exist to diagnose medical conditions and provide needed treatments to stabilize a patient on the spot. Emergency…

By Legal Examiner Staffer

/ 13 Apr 2018

Is a Golf Cart a Vehicle for Statutory Purposes in an Uninsured Motorist Case?

In Progressive Northern Insurance Company v. Pippin, No. 17-6182, (10th Cir. March 28, 2018), the United States Court of Appeals for the Tenth Circuit undertook the question arising out of an odd claim by the insured against his insurance company. In 2012, Greg Pippin (“Pippin”)…

By T. Thomas Metier

/ 12 Apr 2018

Nevada Troopers Honor the Victims of Road Fatalities

Last month, Nevada Highway Patrol (NHP) troopers held a vigil to honor 59 of the more than 300 people who died on Nevada’s roadways in 2017. Troopers paid tribute by lighting 59 individual luminarias—each with the name of a person who died as a result…

By Legal Examiner Staffer

/ 11 Apr 2018

When Can a Plaintiff Recover Prejudgment Interest and Costs Above the Liability Limit of an Insurance Policy?

In White v. Estate of Soto-Lerma, No. 17CA0292, (2018 COA 35), the Colorado Court of Appeals considered the question. In a suit against a decedent’s estate, does the Nonclaim Statute allow a plaintiff to recover a judgment for prejudgment interest and costs above the limit…

By T. Thomas Metier

/ 6 Apr 2018

When Is an Employee’s Work-Related Injury Caused by an Accident or Repetitive Stress Related to the Job?

In Bolita v. West Omaha Winsupply Company, No. A-17-636, (Neb. Ct. App. March 20, 2018), the Nebraska Court of Appeals examined the employer’s appeal to a workman’s compensation award of total disability benefits. Jeffrey Bolita (“Bolita”) filed a petition on December 22, 2016, alleging he…

By T. Thomas Metier

/ 4 Apr 2018

Earnouts – Seller Pitfalls And Risks

Earnouts are a traditional transaction structuring mechanism to help sellers and buyers of a company bridge valuations gaps. Earnouts are increasingly utilized in today’s current high valuation market. Earnouts helps sellers maximize the value of their enterprise, while at the same time providing do

By Legal Examiner Staffer

/ 4 Apr 2018