Legal Developments

Legal Developments

2/6/2019
By Phillip E. Stephan While the headlining effect of #MeToo surely played a major part in some of the sweeping changes to harassment laws in California, the scope of the new harassment laws goes beyond gender issues. California’s new laws are designed to increase transparency and curtail abuse of power through the grant of new rights and remedies to employees, as well as divesting options for businesses to sweep issues under the rug or silence those who believe their rights were violated.
10/3/2017
MICRA, the Medical Injury Compensation Reform Act, was passed by California in 1975 to control sky-rocketing medical malpractice insurance premiums, which seemed to force physicians out of practice, and to ensure the continuing availability of malpractice insurance coverage.   MICRA instituted a cap of $250,000 on any award for non-economic damages, like pain and suffering, and imposed limits on plaintiffs’ attorney fees, with a sliding scale, allowing for fees between 40% and...
8/19/2016
Small claims court is a special court in which disputes are resolved quickly and inexpensively. Pro: This translates to simple and informal rules, and swift resolution of minor conflicts. Con:  Although a defendant named in a small claims suit is able to ask an attorney for advice, he is forbidden from appearing in court with an attorney. Accordingly, the small claims venue can pose some challenges for a healthcare provider who has been sued by a former patient. Namely, the provider will...
6/9/2016
The National Practitioner Data Bank (“NPDB”) guidelines mandate, “Each entity that makes a payment for the benefit of a health care practitioner in settlement of, or in satisfaction in whole or in part of, a written claim or judgment for medical malpractice against that practitioner must report the payment information to the NPDB.”
1/24/2016
Case Date: 01/14/2016 IN RE: C.R. BARD United States Court of Appeals for the Fourth Circuit In August 2013, a jury awarded Donna Cisson $250,000 in compensatory damages on a design defect and failure to warn claim against C.R.  Bard, Inc. (“Bard), a proprietor of transvaginal mesh medical devices. The jury awarded Cisson an additional $1,750,000 in punitive damages, to be split pursuant to a Georgia statute.
5/24/2015
FDCC Quarterly Volume 64 Number 3 Spring 2015 Edition Contributor: Clark R. Hudson "The Art of Succession: Letting the Millennials Lead" (pp 251-253)
4/1/2015
Published in DRI's For The Defense, March 2015 Issue
1/6/2015
By David P. Burke In Rashidi v. Moser, plaintiff filed a medical malpractice/products liability action which included claims against a hospital and a physician.  Before trial, the hospital settled for $350,000 while the product manufacturer settled for $2,000,000.  
11/18/2014
It seems like every day the economic news in the United States becomes more and more encouraging. With this improvement and interest rates continuing at historic lows, more and more of our small business clients are coming out of their recession shell, seeing the value of their businesses increase, and asking the question: “Is now the time to sell?”