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HTMLCalifornia Court Extends Whistleblower Protections to “Perceived Whistleblowers”
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 19, 2014
Decision: In Diego v. Pilgrim United Church of Christ, a preschool employee alleged she was wrongfully terminated from her employment in violation of public policy as a result of the school director’s mistaken belief that she had lodged a complaint with the Department of Social Services,...

 

HTMLI’m Being Sued for What?!? Analyzing the Florida Supreme Court’s Opinions Applying the Foreseeable Zone of Risk Test To Determine if a Legal Duty Is Owed
Samuel C. Higginbottom; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All too often, the first time a client learns of a negligence claim is upon receipt of plaintiff’s counsel’s request for their insurance policy. The client does not always understand why or how they may be responsible to a claimant. This is particularly the case for small businesses...

 

HTMLFourth Circuit Affirms Grant of Summary Judgment for Physician-Plaintiffs and Holds That North Carolina Display of Real-Time View Requirement Violates First Amendment
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
At issue before the United States Court of Appeals for the Fourth Circuit in Gretchen Stuart v. Paul Camnitz, was a North Carolina statute that required physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions. According to the statute, a...

 

HTMLDemand for Refund Constitutes a Claim under Professional Liability Policy Says Eighth Circuit
Sharon Angelino, Brian R. Biggie; Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2015, previously published on January 21, 2015
In Philadelphia Consolidated Holding Corp. v. LSI-Lowery Systems Inc., 2015 U.S. App. LEXIS 349 (8th Cir. Jan. 9, 2015), the Eighth Circuit affirmed the district court’s grant of summary judgment in favor of Philadelphia Consolidated Holding Corporation, d/b/a/ Philadelphia Insurance...

 

HTMLMedical Bills Not Paid For Treatment/Therapy Given In India Proper As Practitioners Not Licensed In PA, Services Not Provided Under Supervision Of Licensed Health Care Practitioner, And Medical Certificates Did Not Comply With Requirements Of The Act.
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on January 6, 2015
Rachel Babu v. WCAB (Temple Continuing Center); 166 C.D. 2014; filed September 15, 2014; Senior Judge Colins The claimant was receiving indemnity benefits for a February 2000 work injury. In an unreported opinion, the Commonwealth Court affirmed the disallowance of Ayurvedic medical treatment...

 

HTMLWhen is a Company Director Not a Director? The Risks of Acting as a Director
Parris Whittaker;
Legal Alert/Article
February 18, 2015, previously published by ParrisWhittaker
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm...

 

HTMLThe Intersection of HIPAA and Negligence: Pharmacist's Violation Cost Walgreens $1.44 Million
Danielle L. Borel; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
February 17, 2015, previously published on December 2014
On November 14, 2014, the Court of Appeals of Indiana affirmed a $1.44 million judgment against Walgreens Company based on a HIPAA violation committed by a Walgreens pharmacist. Walgreen Co. v. Hinchy, 2014 WL 6130795 at *1 (Ind. Ct. App. 2014). In Walgreen Co. v. Hinchy, Walgreens’...

 

HTMLIllinois Appellate Court Rejects Professional Liability Coverage for Junk Fax Claim
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 5, 2015
In Margulis v. BCS Insurance Co., 2014 IL App (1st) 140286, the Illinois Appellate Court affirmed a circuit court’s grant of summary judgment in favor of BCS Insurance Company (BCS), finding that it was not obligated to defend or indemnify its insured, Bradford & Associates (Bradford),...

 

HTMLCourt Considers Unreasonably Withholding Consent under CAPL Operating Procedure in Precedent-Setting Decision
Laura M. Gill, Grant N. Stapon; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 15, 2014
In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL Operating Procedure may withhold its consent to a disposition of the...

 

HTMLLaw Society Practice Note on Gifts to Will Drafters and Conflicts of Interest
Withers Bergman LLP;
Legal Alert/Article
January 22, 2015, previously published on January 6, 2015
The Law Society issued a new practice note entitled 'Preparing a will when your client is leaving a gift for you, your family or colleagues' in October 2014. Occasionally charities do have to consider the appropriate response where they are residuary beneficiaries but the drafter of the will takes...

 


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