Above The Law

JANUARY 31, 2023

The post Court Rules Johnson & Johnson Can’t Throw Out Civil Liability Because Of ’Good Intentions’ appeared first on Above the Law. The next phase of the litigation will be them repeatedly saying, ’Cancer? How could we have given you cancer? Do you see how cute our mascot is?!’

Court Rules 127

Court Rules Court Litigation Litigating 127

JURIST

APRIL 22, 2024

The report highlights issues related to drug trafficking, insufficient healthcare services and the overall well-being of detainees and staff members. Furthermore, the report draws attention to the inadequate provision of healthcare services within the detention centre.

Immigration 249

Immigration Healthcare Education Court Rules 249

JURIST

JULY 26, 2022

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. A district court in New York upheld the DHHS’s interpretation of the AKS. The 2nd Circuit Court of Appeals unanimously affirmed the district court’s decision.

Court Rules 104

Court Rules Laws Court Healthcare 104

JURIST

JANUARY 3, 2024

She served as the Provincial Minister of Punjab for Primary & Secondary Healthcare and Specialized Healthcare & Medical Education between 2018 and 2023. Consequently, the PTI has filed a contempt of court petition in the Supreme Court in response to what they perceive as a lack of impartiality by the ECP.

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Healthcare Education Court Rules Court 220

Above The Law

MAY 5, 2021

The Delaware Supreme Court ruled on Monday that Cigna can’t seek a $1.85 billion breakup fee after its failed merger with Anthem, upholding a judge’s decision last year.

Court Rules 98

Court Rules Court Healthcare 98

JURIST

APRIL 11, 2024

The General Court of the EU revoked on Wednesday the restrictive measures imposed on Mikhail Fridman and Petr Aven, two Russian billionaires, between February 2022 and March 2023. The court ruled that the provided reasons in the initial acts were insufficiently substantiated.

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Healthcare Court Rules Technology Court 190

JURIST

NOVEMBER 1, 2022

The India Supreme Court Monday declared that performing the “two-finger” or “three-finger” vaginal test on victims of rape or sexual assault will be classed as misconduct. The Supreme Court has condemned this test since the case of Lillu vs. State of Haryana in 2013. ” Despite this, the practice continued.

Court Rules 104

Court Rules Court Government Healthcare 104

Law 360

AUGUST 20, 2024

Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott. Three separate decisions from the U.S.

Court Rules 52

Court Rules Litigating Litigation Healthcare 52

JURIST

MAY 17, 2024

The Supreme Court of Korea dismissed an appeal on Thursday filed by doctors and medical professionals aiming to stop the South Korean government’s plan to increase the medical school admissions by up to 2,000 students next year, according to reports from local media.

Government 104

Government Court Healthcare Court Rules 104

Paralegal Bootcamp

NOVEMBER 28, 2023

And with that comes federal courts and travel. What I’m hearing from a compliance perspective is this would be similar to a paralegal role where you’re constantly looking up what’s the court rule or how can we follow it to the letter? We did large medical malpractice cases. We sued pharmaceutical companies.

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Paralegals Paralegal Personal Injury Healthcare 226

The Crime Report

SEPTEMBER 8, 2021

In 1976, the Supreme Court ruled in Estelle v. Additionally, much of prison healthcare is now privatized, and the profit-driven model is unsuited to a prison population — a development that’s resulted in the denial of lifesaving procedures. Some even have restricted or suspended medical licenses.

Healthcare 105

Healthcare Court Rules Court 105

Day on Torts

APRIL 25, 2022

Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration. On appeal, this ruling was affirmed. The Court looked to a 2017 Tennessee Supreme Court Case, Beard v.

Attorney 59

Attorney Healthcare Court Rules Court 59

Law 360

JANUARY 9, 2024

The judge who temporarily blocked the merger between healthcare data company IQVIA and Propel Media shortly before it was abandoned insisted in his newly published federal court ruling that his decision wasn't a "rubber stamp" of the Federal Trade Commission's request to halt the deal.

Healthcare 40

Healthcare Court Rules Court 40

Day on Torts

MARCH 10, 2023

In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v.

Depositions 52

Depositions Drafting Healthcare Court Rules 52

Day on Torts

MARCH 11, 2022

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. In Welch v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis , No.

Attorney 59

Attorney Statute Healthcare Court 59

Day on Torts

JANUARY 18, 2022

30, 2021), plaintiff was the driver of a vehicle owned by a large healthcare company (HMA). After a bench trial, the trial court ruled that HMA did not submit a new application, that the 2002 rejection of uninsured motorist coverage was still in effect, and that there was no uninsured motorist coverage in this case. In Hughes v.

Personal Injury 59

Personal Injury Healthcare Court Court Rules 59

Day on Torts

APRIL 1, 2022

Bradley Healthcare and Rehabilitation Center , No. Because the trial court considered this deposition of the NP filed by defendant, the motion should have been considered a motion for summary judgment.) The trial court found that plaintiff had complied with the HCLA, ruling that Exhibit 7 “satisfied the requirements[.]”

Depositions 59

Depositions Healthcare Statute Litigating 59

At the Lectern

JULY 13, 2023

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

Statute 40

Statute Healthcare Court Rules Court 40

Day on Torts

MARCH 10, 2021

Where plaintiff alleged that defendant doctor committed intentional misrepresentation and medical battery by stating that he was board-certified in plastic surgery when he was not, the Tennessee Court of Appeals affirmed the ruling that these claims were not governed by Tennessee’s HCLA. In Cooper v. Mandy , No. citing Franks v.

Government 59

Government Healthcare Court Cause of Action 59

Day on Torts

JULY 27, 2021

Where defendant doctor was the supervising physician for defendant nurse midwife, the Court of Appeals ruled that he could be compelled to testify regarding his “expert opinion about the care and treatment provided by” the nurse. The trial court denied plaintiff’s motion for a new trial, and plaintiff then filed this appeal.

Depositions 52

Depositions Healthcare Court Court Rules 52

At the Lectern

JULY 18, 2024

At its weekly conference yesterday, the Supreme Court ruled on only 76 matters, 59 if you don’t count disposals of previous grant-and-hold cases. Taking yet another Senate Bill 1437 case, the court agreed to decide People v. In fact, the Supreme Court filed an SB 1437 opinion just last week. Curiel (2023) 15 Cal.5th

Felony 45

Felony Healthcare Court Court Rules 45

Patently O

AUGUST 9, 2022

Accord Healthcare, Inc., The brief finally argues that the district court improperly disregarded fact finding by the district court and instead effectively treated written description as an issue of law. This series of procedural events was contrary to this Court’s rules and precedent. by Dennis Crouch.

Healthcare 61

Healthcare Court Law School Statute 61

Day on Torts

AUGUST 19, 2021

Defendant filed a motion to dismiss, which the trial court granted and the Court of Appeals affirmed. The Court pointed out that the motion in Martin was a motion for summary judgment, which is why the Court therein cited Rule 56, but that the Martin opinion held that “a Rule 12.02(6)

Court 52

Court Healthcare Statute Court Rules 52

JURIST

MARCH 7, 2025

Maricopa County Superior Court of Arizona ruled Wednesday that Arizona’s abortion ban after 15 weeks of pregnancy was unconstitutional and permanently enjoined Arizona employees from enforcing the abortion ban. Arizona Attorney General Kris Mayes stated she would “not enforce it even if the court upheld the ban.”

Court Rules 129

Court Rules Healthcare Court Statute 129

JURIST

NOVEMBER 1, 2021

A Second Circuit decision vacated two lower court rulings which allowed healthcare workers to claim religious exemptions to New York’s COVID-19 vaccine mandate. The decision also vacated an injunction from the Northern District of New York and a prior Second Circuit ruling on an Eastern District of New York case.

Healthcare 197

Healthcare Court Manufacturing Court Decisions 197

JURIST

AUGUST 26, 2022

The US Court of Appeals for the Eighth Circuit ruled Thursday that Arkansas may not prohibit doctors from providing gender-affirming care to transgender youth in the state. A spokesperson for the Arkansas Attorney General expressed disappointment with the ruling and indicated that the state will seek review by the full Eighth Circuit.

Court Rules 211

Court Rules Court Healthcare Attorney 211

MyCase

AUGUST 16, 2022

The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain court rules on retirement.”. Review Active Cases and Address Pending Court Dates. When Do Lawyers Retire? According to the U.S. is 65 for men and 63 for women.

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Lawyers Lawyer Law Firms Law Firm 52

JURIST

AUGUST 20, 2023

The ACLU and Planned Parenthood of the Heartland announced Friday that they intend to appeal a Lancaster County district court ruling in favor of a Nebraska law restricting both abortions and gender-affirming healthcare to the Nebraska Supreme Court.

Healthcare 197

Healthcare Court Rules Court Laws 197

JURIST

JUNE 17, 2022

The Iowa Supreme Court Friday held in Planned Parenthood v. The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa. After a lower court ruled the law was unconstitutional, Iowa appealed to the state supreme court. Jackson Women’s Health Organization.

Stare Decisis 211

Stare Decisis Court Rules Court Court Decisions 211

JURIST

AUGUST 2, 2022

A Michigan Court of Appeals Monday ruled that the state Attorney General cannot enforce Michigan’s dormant abortion ban but local county prosecutors can. The case stems from a Michigan Court of Claims order from May 17. Thus, county prosecutors are local, not state, actors.

Court Rules 210

Court Rules Court Attorney Healthcare 210

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The plaintiffs contend that the mandate violates the First Amendment of the US Constitution.

Court 208

Court Statute Laws Healthcare 208

JURIST

DECEMBER 22, 2022

The US Court of Appeals for the Sixth Circuit Wednesday blocked the enforcement of a Louisville ordinance that prevented the obstruction of healthcare facilities by individuals. ” The post US appeals court blocks Louisville abortion clinic buffer zone ordinance appeared first on JURIST - News.

Healthcare 183

Healthcare Court Court Rules Attorney 183

JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban.

Court 211

Court Healthcare Statute Court Rules 211

JURIST

OCTOBER 15, 2021

A three-judge panel of the US Court of Appeals for the Fifth Circuit sided for a second time with Texas officials and suspended a lower court ruling that had blocked a Texas law banning most abortions. The order issued late Thursday night stated that the court would expedite the appeal and schedule oral arguments.

Court 211

Court Court Rules Legal Legal 211

JURIST

JULY 7, 2024

The Kansas Supreme Court issued two decisions on Friday striking down a series of abortion rules and restrictions that reaffirmed its 2019 decision that the state constitution guarantees the right to terminate a pregnancy. In its first opinion, the Kansas Supreme Court upheld the district court’s decision.

Court 197

Court Depose Court Rules Healthcare 197

JURIST

NOVEMBER 22, 2022

The Supreme Court of the United States (SCOTUS) Monday denied a petition concerning federal preemption of a local law requiring employee health benefits. The Supreme Court denied the petition for certiorari after consultation with the Department of Justice (DOJ).

Laws 118

Laws Court Healthcare Court Rules 118

JURIST

APRIL 16, 2021

The US Court of Appeals for the Sixth Circuit has upheld Ohio’s HB 214 law that prohibits doctors from performing an abortion with the knowledge that a women’s reason for terminating the pregnancy is a fetal Down syndrome diagnosis. The circuit split has increased the possibility of a Supreme Court review.

Court 211

Court Laws Healthcare Statute 211