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Will a Hospital in the Nation’s Capital Ever Overcome Ongoing Safety Issues?

Almost six months ago, I first touched on the problems of a Washington D.C. area hospital that is desperately needed to serve an otherwise isolated community. While there have been issues for some time, the seriousness of the situation came to the attention of the…

By Christopher T. Nace

/ 5 Feb 2018

Will a Hospital in the Nation’s Capital Ever Overcome Ongoing Safety Issues?

When the Defendant Removes a Civil Action to Federal Court, Alleging the Amount in Controversy Exceeds the Threshold, But the Plaintiff Contests the Amount in Question, How Does the Court Decide?

The United States Court of Appeals for the Eighth Circuit tackled that question in Waters v. Ferrara Candy Co., No. 17-2812, 873 F.3d 633 (2017). Plaintiff Jaclyn Waters (“Waters”) filed this putative class action in the Circuit Court for the City of St. Louis, Missouri,…

By T. Thomas Metier

/ 2 Feb 2018

U.S. Traffic Fatalities Increase While Laws Remain Unchanged

Following 2016, road fatalities rose almost 6% in the U.S. — marking the second year in a row with a substantial increase after years of steady decline. In fact, the U.S. has seen its biggest increase in motor vehicle-related death rates per driven mile in…

By Legal Examiner Staffer

/ 1 Feb 2018

Hospitals with Too Many Safety Issues Punished by Medicare

Hospitals across the country must operate in accordance with safety standards set by the federal government or else face being penalized by the Medicare payment system. Many hospitals rely on Medicare to function, and as such, this is a powerful incentive to comply with guidelines.…

By Christopher T. Nace

/ 1 Feb 2018

Hospitals with Too Many Safety Issues Punished by Medicare

In an Automobile Negligence Action, What Damages Must Be Presented for Plaintiff to Prevail? If Specifics Are Not Proffered, Will the Jury Find for the Defendant?

In Lewison v. Renner, No. S-17-173, (298 Neb. 654) the Supreme Court of Nebraska determined what is necessary. Barbara Lewison (“Lewison”) sued Carol Renner (“Renner”) for negligence. On December 21, 2012, in Kearney, Nebraska, Renner made a left turn in front of a vehicle being…

By T. Thomas Metier

/ 31 Jan 2018

New Calls for Increased Regulation Address Lack of Safety on U.S. Highways for Passenger Cars

A recent report by the National Highway Traffic Safety Administration (NHTSA) that showed a jump in percentage of fatalities in truck accidents from 2015, both in total vehicle fatalities as well as fatalities involving large trucks. Now, a number of members of Congress have joined together to intro

By Legal Examiner Staffer

/ 30 Jan 2018

Arbitration Clauses Come Under Harsher Scrutiny in the Age of #MeToo

For years the controversy over forced arbitration clauses has been rising through the public consciousness. Since the advent of arbitration agreements, the public has come to discover fine print arbitration clauses buried in cell phone contracts, credit card contracts, and even nursing home contract

By Matthew Nace

/ 30 Jan 2018

Arbitration Clauses Come Under Harsher Scrutiny in the Age of #MeToo

Stroke Response Time Gets a Boost

Victims of strokes may be familiar with the saying that “time is tissue.” This of course means that the time that elapses from the onset of a stroke to treatment directly affects the long-term prognosis for recovery. Doctors are typically taught that they have only…

By Christopher T. Nace

/ 30 Jan 2018

MASS TORT UPDATE: Blood Clot Filter Litigants Prepare for First Bard IVC Filter Bellwether Trial

With over 3,000 Bard IVC filter lawsuits pending in multidistrict litigation 02641 (MDL 2641) in the U.S. District Court for the District of Arizona, plaintiff and defense counsel are busily engaged in final pretrial motion practice on the eve of the first Bard IVC bellwether trial which is set to b

By Legal Examiner Staffer

/ 30 Jan 2018

Know The Probate Rules To Keep Your Case Alive When The Defendant Dies

Civil litigators may think that the Florida Probate Code has nothing to do with their civil lawsuits, but when a party dies during the litigation, the probate statutes can greatly impact a civil case. Picture this: the lawsuit has been filed and served. The defendant…

By Legal Examiner Staffer

/ 30 Jan 2018

In an Action Arising Out of Americans With Disabilities Act Violation, What Constitutes Standing, and Is Notice Required?

In Brito v. JP Antlers, LLC, No. 17-cv-01956-CMA-NYW, (D. Colo. 2018) the United States District Court D, Colorado, answered those questions. Plaintiff Carlos G. Brito (“Brito”) is paraplegic and requires the use of a wheelchair. Defendants JP Antlers, LLC and Wyndham Hotels and Resorts, LLC…

By T. Thomas Metier

/ 29 Jan 2018

Drone Safety – Who Is Regulating?

The popularity and commercial availability of drones has exploded in the last few years leading many to question – who is regulating the safety of drones? Remotely piloted or operated unmanned aerial vehicles—commonly known as drones—come in all shapes and sizes. There is a drone for…

By Legal Examiner Staffer

/ 26 Jan 2018