Ohio Appellate Court reviews standard for claiming peer review privilege
4/6/22
By: Shafiyal Ahmed
In Stull v. Summa Health Sys., 2022-Ohio-457, the Ohio Ninth District Court of Appeals held that the Defendant Health System failed to establish that a physician’s residency file was privileged as a record within the scope …
Supreme Court of Georgia considers standard for obtaining a protective order to prevent the deposition of high ranking executives
2/23/22
By: Michael Freed
The Supreme Court of Georgia heard oral argument last week in General Motors LLC v. Buchanan. This highly watched appeal arose from a trial court’s denial of General Motors’s motion for protective order seeking to prevent …
COVID afflicted cases have incubated long enough
2/10/22
By: Wayne S. Melnick and Carlos Fernández
Recently, we examined one of the first rulings about the Georgia Supreme Court’s Emergency Orders and their effect on a case’s statute of limitations. In Owens, the Middle District of Georgia …
New York’s 2022 Comprehensive Insurance Disclosure Act imposes sweeping changes to defendant insurance disclosure requirements
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
SCOTUS to determine the rights of state Medicaid agencies to recover from future medical expense settlements
1/27/22
By: Cara Crecelius
Gallardo v. Marstiller was argued before the Supreme Court of the United States on January 10, 2022. The issue presented was whether the state of Florida’s Medicaid Agency was entitled to part of a settlement for …
New Jersey institutes new private cause of action for bad faith in UM/UIM claims
1/26/22
By: Megan P. Gable
On January 18, 2022 Governor Murphy signed into effect senate bill S1559, The New Jersey Insurance Fair Conduct Act (“IFCA”), instituting a private cause of action against insurance companies for possible extracontractual liability in the handling …
U.S. Court of Appeals rules that student “Snapchat bullying” is not a First Amendment protected activity
1/13/22
By: Kevin G. Kenneally
In the recent decision entitled Doe v. Hopkinton Public Schools, the U.S. Court of Appeals for the First Circuit rejected students’ contention that posting abusive and embarrassing video of another student online was protected speech. …
Purdue Pharma has potential to upend common channeling-and-release practice in bankruptcy courts
1/4/22
By: Travis Knobbe
For the most part, the nuances of bankruptcy law go unnoticed by our colleagues who do not frequent the bankruptcy courts. Some issues we deal with, however, have broad application to the practice of law generally. Consider, …
It just became more difficult for plaintiffs to scream ‘Counter-Offer’
12/13/21
By: Matthew S. Jones
The California Court of Appeal for the Sixth Appellate District recently analyzed the issue of an agreed upon amount of a settlement and memorializing the settlement terms. In the case CSAA Ins. Exchange v. Hodroj (2021) …
Will a California Court’s ruling on an Anti-SLAPP Motion arising from a revenge-porn case stand?
12/10/21
By: Parisa Saleki
In 2017, when Kathryn Hill announced her candidacy for the United States House of Representatives for California’s 25th congressional district, the talk of the town was whether she could beat incumbent representative Steven Knight. In 2018, the …
Economic loss doctrine bars medical device company’s negligence claim against IT vendor arising out of personal health information data breach
12/9/21
By: William E. Gildea
In Zoll Medical Corp. v. Barracuda Networks, Inc., et al, United States District Court, District of Massachusetts Civil Action No. 20-11997-NMG, (D. Mass. Sept. 21, 2021) (Gorton, J) (“Zoll”), Plaintiff Zoll Medical Corp. (“Zoll Medical”) sued a third-party IT vendor over …
Animals at large – or, when the cows don’t come home
12/8/21
By: D. Jeffrey Grate
Imagine you are the owner of a farm in rural Georgia and were awakened by the knock on your door by a deputy sheriff who advised you that one of your cows had caused a motor …