New York Public Health Law § 2801 Does Not Apply to Adult Homes
Written by: Daniele DeZago, Esq. Edited by: Nicole A. Callahan, Esq. The applicability of New York Public Health Law § 2801 has been limited thanks to a decision issued by Judge George Nolan of Suffolk County Supreme Court. In Schuckman v. At
Fourth Circuit Says Lack of Time to Investigate a Claim Can Create an Objectively Reasonable Basis for an Insurer to Refuse a Settlement Demand
Written by: Elizabeth Wieters, Esq. In an unpublished per curium opinion styled Columbia Insurance Company v. Christopher Kamil Waymer, et al, the Fourth Circuit Court of Appeals recently reviewed and affirmed the South Carolina District Court
Florida Employers and Carriers May Be Subject To Monetary Damage Awards to Claimants in Rule NISI Proceedings Following Recent Appellate Court Decision
Written by: Rayford H. Taylor, Esq. Circuit court judges in Florida have the authority to require provision of benefits ordered by a jcc but which are found to be willfully withheld. Trial courts can use a Rule Nisi proceeding to not only orde
DOL Publishes Long Overdue COVID Safety Rules For Health Care Settings
Written by: Jacqueline Voronov, Esq and Robert Romeo It has been well over a year since the start of the coronavirus pandemic, and the Department of Labor (“DOL”) has finally issued its highly anticipated COVID workplace safety rules
Judge Edwards of Kings County Grants Summary Judgment in Favor of Medical Malpractice Defendants in Moore v. Volokh—Holds Plaintiff’s Experts Failed to Refute Causation Arguments
Written by: Jeffrey T. Wolber, Esq. Editor: Nicole Callahan, Esq. On June 11, 2021, Kings County Supreme Court Justice Genine Edwards issued a decision granting summary judgment in favor of a radiology center and its radiologist. In this act
Georgia’s COA Applies Supreme Court’s Overruling of Lunch Break Exception
Written by Daniel Richardson, Esq. Last year the Georgia Supreme Court addressed the collision of two separate lines of precedent that the Court of Appeals had been trying to hold together with confusing results. This involved (1) the Scheduled
Hospital and Healthcare Associations File Amicus Brief in COVID Nursing Home Suit
Written by: Eve Soldatos, Esq. and Kyle A. Schiedo, Esq. Edited by: Nicole A. Callahan, Esq. On June 5, 2020, plaintiff Vivian Rivera-Zayas brought an action in Kings County Supreme Court against Long Island nursing home Our Lady of Consolation
Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders
Author: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or in
Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders
Written by: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or
Child Custody with No Order
Written by: Kaitlin Romanelli Myers A custody order or parenting agreement lays out how custody is handled, including whether a parent has sole or joint custody, and the physical custody schedule of the child, and holiday schedules. Without a ch