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Month: March 2022

No Pleasant Surprise

Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial…, Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment, Katheryn Hayes Tucker, Mar, 2022

‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient

In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action., which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson’s matter. The law was named after Wilkinson, who died in 2013…, 1st Department: ‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient, Jason Grant, Mar, 2022

No Forced Arbitration for a Baby’s Med-Mal Case

Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death. He explained why and spelled out how the hospital could have succeeded…, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022

Challenge to Law Sealing Med-Mal Decisions Dismissed

The defendant argued that the district court should abstain because the three conditions under the ‘Pullman’ abstention are met. Judge Nancy Torresen granted the defendant’s motion to dismiss without prejudice, finding that ‘Pullman’ abstention is appropriate…, Federal Judge Tosses Personal Injury Firm’s Challenge to Law Sealing MedMal Decisions, Allison Dunn, Feb 2022

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