Supreme Court Unanimously Confirms that Temporary Protected Status is not an Admission
Written by: Ashik R. Jahan, Esq. and Navroz Tharani In a recent decision, Sanchez v. Mayorkas, The Supreme Court of the United States unanimously ruled that individuals with Temporary Protected Status (TPS) are ineligible to become permanent res
Navigating Outside Provider Appointments in Correctional Health Care
Written by: Beth Boone, Esq. Getting appointments with a health care provider can be challenging for anyone, and it can be much more complicated for individuals who are in custody — especially when the matter requires a specialist or diagnos
Bronx County Supreme Court Rules on Applicability of New York’s EDTPA to Medical Malpractice Claim for Stroke Presentation
Written by: Jeffrey T. Wolber, Esq. On June 4, 2021 Judge Higgitt of the Bronx County Supreme Court issued a decision denying a motion to dismiss under CPLR 3211(a)(7) for failure to state a claim based on the civil immunity provided by New Yo
Bronx County Supreme Court Dismisses Medical Malpractice Claim Under the EDTPA and Executive Order 202.10 in Hampton v. City of N.Y.
Written by: Jeffrey T. Wolber, Esq. On June 3, 2021 Judge Danziger of Bronx County Supreme Court issued a decision granting a motion to dismiss under CPLR 3211(a)(1) (documentary evidence) and (7) (failure to state a claim) based on the civil
Nevada Amends Privacy Law for Opting Out of the Sale of Personal Information
Written by: Charles R. Langhorne IV, Esq. and Alyssa J. Feliciano, Esq. Nevada law already allows individuals to “opt out” of allowing a business to sell their personal information. On June 2, 2021, Nevada Governor, Steve Sisolak, signed
Representative Ted Lieu Once Again Introduces The “Ensuring National Constitutional Rights For Your Private Telecommunications (ENCRYPT) Act”
Written by: Richard Sheinis, Esq. This Bill was first introduced in 2016 in response to a dispute between the FBI and Apple in which the FBI sought to have Apple provide access to the locked mobile phone of a suspect in a mass shooting in San B
EU Commission Issues New Standard Contractual Clauses
Written by: Charles R. Langhorne IV, Esq. On June 4, 2021, the European Commission issued the long awaited new version standard contractual clauses (“SCCs”). In fact, the Commission issued two (2) different sets of SCCs. Governing t
If At First You Don’t Succeed: Georgia Legislature Amends Pre-Suit Demand Statute to Provide Additional Protections to Insurers
Written by: Abe Varner, Esq. The Georgia legislature recently made significant revisions to O.C.G.A. 9-11-67.1, the Georgia statute governing pre-suit settlement demands for injuries arising out of the use a motor vehicle. The amended statute
Compensability of Slip and Fall Accidents – Where Are We Since The Florida First District Court of Appeals April 5, 2019 Decision in Valcourt – Williams (The Dog Case)
Written by: William T. Goran, Esq. For over 75 years now worker’s compensation practitioners have grappled with issues concerning compensability of slip and fall accidents that occurred at work and the evidence is unclear as to why the sli
Legal v. Physical Custody
Written by: Kaitlin Romanelli Myers When determining child custody, there are two types of custody to be decided on, physical custody and legal custody. Legal custody allows a parent to make major decisions about the child’s schooling, rel