Patients Not Following Medical Advice Can Lead To Medical Malpractice Liability
9/6/13
By: Scott Rees
Informed consent, or lack thereof, has long been a basis for medical malpractice claims. A new twist on that liability theory, “informed refusal,” is now starting to gain popularity in malpractice claims. Examples include a physician who …
FMLA Leave Must Now Be Made Available to Employees with Same-Sex Spouses
9/6/13
By David Cole
The sweeping effects of the Supreme Court’s decision in U.S. v. Windsor, in which it struck down the Defense of Marriage Act (“DOMA”) as unconstitutional, are coming into greater focus. Many employers may already be …
How Far Is Too Far When It Comes To Invasive Searches Of The Body?
9/4/13
By: Ali Sabzevari
A man in Tennessee was arrested for possession of 0.06 grams of marijuana. In custody, police suspected the man of concealing contraband inside of his body due to his constant fidgeting and attempts “to put his hands …
Lance Armstrong and the False Claims Act
8/23/13
By: Matt Foree
The 100th running of the Tour de France, the legendary cycling race through the picturesque countryside and mountains of France, concluded last month. It is difficult to discuss the sport of cycling without mentioning Lance Armstrong, …
Employer Compliance Alert: Gov't Data Sharing Highlights Need for Proactive Measures
8/22/13
By: Kelly Eisenlohr-Moul
As every employer knows all too well, there are a litany of governmental agencies which may come calling in the event of alleged employment violations, including: the Department of Labor (DOL), Immigration and Customs Enforcement (ICE), the …
Keep the Change – The Weight of Emotion
8/16/13
By: Seth F. Kirby
Dr. Roger Herrin recently made national headlines when he was ordered to return money that his son’s estate had been awarded in a wrongful death lawsuit. By itself, the order was not really newsworthy. The order …
Google Glass: An O.R. Dash Cam?
8/16/13
With the application of digital memory to point-of-view cameras, certain fields have undergone significant transformation. For example, dash cams in police cruisers provide authoritative documentation of what actually happened. The advent of Google Glass could very …
8/15/13
By: Peter Munk
In Shelby County v. Holder, the Supreme Court struck down as unconstitutional the preclearance formula found in Section 4 of the Voting Rights Act. Since 1965, Section 4 had dictated which states or jurisdictions were “covered” …
Get In Focus: Law Enforcement Departments Should Strongly Consider Body Cameras
8/9/13
By: Ali Sabzevari
For quite some time now, law enforcement departments have used dash-mounted cameras in patrol cars, and for the most part, they have been effective in preserving the events leading up to and during an arrest. Several law …
Senate Approves All Five NLRB Nominees
8/8/13
By: Anthony Del Rio
For the first time in several years, the National Labor Relations Board will be at full strength. On July 30th, the Senate approved all five of President Obama’s nominees to the NLRB. Up to this point, …
Tinkering With Tinker: How Much Can Schools Limit Students’ Provocative Speech?
8/8/13
By: Katie Dod
In the Supreme Court’s seminal case of Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), the Supreme Court held that schools can impose restrictions on the speech of students so as to protect …
Construction on New Georgia State College of Law Building Set to Begin
8/6/13
By: Stephanie Stewart
Georgia State has announced a date to begin construction on a new building to house their law school. The groundbreaking ceremony is scheduled to take place on September 12, 2013 at 10:30AM.
The development is projected not …
