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|Maryland’s Intermediate Appellate Court Adopts Section 3.07 of Restatement (Third) of Agency, and Finds Corroboration Unnecessary to Support Admissibility of Habit Evidence|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015In Rosebrook v. Eastern Shore Emergency Physicians LLC, Maryland’s intermediate appellate court addressed issues of agency law and evidence. Specifically, the Court held that an attorney had the authority to act on behalf of a deceased client to pursue an appeal when that attorney has noted...
|Obstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on January 2015On November 4, 2010, Cierra Randolph presented to the Obstetrics and Gynecology Department at Maryland General Hospital at 37 weeks for the onset of labor. During the preliminary exam, the labor and delivery nurse did not find a fetal heartbeat, and immediately contacted the attending obstetrician,...
|Omnicare Opinion Expands Liability for Expressions of Opinion Under Section 11|
Brittany M. Cambre, Samuel J. Casey, Patricia A. Gorham, Joel J. Hughey, Peter Ligh; Sutherland Asbill & Brennan LLP;
March 26, 2015, previously published on March 25, 2015The Supreme Court, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (March 24, 2015), expanded the scope of liability for expressions of opinions under Section 11 of the Securities Act of 1933. While keeping to a relatively constrained view of the...
|Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit|
Ingrid Bagby, Erik Graham-Smith, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
March 26, 2015, previously published on March 5, 2015Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...
|First Risperdal Trial Ends With $2.5 Million Verdict Against J&J|
Lieff Cabraser Heimann Bernstein LLP;
March 24, 2015, previously published on February 25, 2015A Philadelphia jury returned a $2.5 million verdict against healthcare giant Johnson & Johnson for a 20-year-old autistic man from Alabama who allegedly developed large breasts as a teenager while prescribed the antipsychotic medication Risperdal. The lawsuit charged that Johnson & Johnson...
|Health Care E-lert - The Supreme Court Appears Closely Divided on the Fate of Tax Credits Under the Affordable Care Act|
March 24, 2015, previously published on March 4, 2015The US Supreme Court heard oral arguments on Wednesday, March 4, 2015 in King v. Burwell to determine the interpretation of a six-word phrase in the Affordable Care Act (“ACA”). The six-word phrase states the federal government can offer tax credits in the form of subsidies to help...
|Patients Charge Blood Pressure Medication Benicar is a Dangerous and Defective Drug|
Lexi J. Hazam; Lieff, Cabraser, Heimann & Bernstein, LLP;
March 23, 2015, previously published on January 13, 2015Attorney Lexi Hazam of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that two patients prescribed olmesartan medoxomil, a widely-prescribed medication sold under the brand name Benicar, today filed a personal injury lawsuit alleging that Benicar is a...
|Young Men Allege Prescription Drug Risperdal Linked to Abnormal Male Breast Development|
Wendy R. Fleishman; Lieff, Cabraser, Heimann & Bernstein, LLP;
March 23, 2015, previously published on January 27, 2015Attorney Wendy R. Fleishman of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that four young men prescribed the antipsychotic medication Risperdal recently filed separate personal injury lawsuits alleging that Risperdal is a defective and dangerous...
|Mayo Lawsuit Against Former Exec Raises Numerous Health Care and Business Litigation Issues|
Elinor H. Murarova; Duane Morris LLP;
March 13, 2015, previously published on January 12, 2015A recent settlement between Mayo Collaborative Services d/b/a Mayo Medical Laboratories ("MML") and Mayo Clinic (together with MML, "Mayo") and a former Mayo executive, Dr. Franklin Cockerill, reveals the potential legal issues that may arise when health care executives seek new...
|Real Estate Tax Exemption Issue Muddied Again|
Philip H. Lebowitz; Duane Morris LLP;
March 13, 2015, previously published on January 10, 2015On December 23, 2014, the Commonwealth Court of Pennsylvania logged another frustrating mile down the confused and confusing road of property tax exemption for purely public charities. In Fayette Resources, Inc. v. Fayette County Board of Assessment Appeals, the Court overturned a lower court...