Statute of Limitations--Rental Cars: In the Matter of the Arbitration Between: Continental Medical Pc and State Farm Mutual Automobile Ins. Co. And Citiwide Auto Leasing Inc. (Court Side)

Statute of Limitations–Rental Cars: In the Matter of the Arbitration Between: Continental Medical Pc and State Farm Mutual Automobile Ins. Co. And Citiwide Auto Leasing Inc. (Court Side)

This no-fault award came to two significant conclusions: (1) That when a renter is driving a rental car, the rental car pays the PIP claims; and (2) When an insurer issues a denial before the time to do so runs out, the statute of limitations does not begin to run on the date of denial, […]

Court Rules on Marijuana (Courts) (Oregon's High Court Affirms That Employers are Not Obligated to Accept a Worker's Use of Medical Marijuana)

Court Rules on Marijuana (Courts) (Oregon’s High Court Affirms That Employers are Not Obligated to Accept a Worker’s Use of Medical Marijuana)

Byline: Karen McCowan The Register-Guard In a Eugene case with national implications, the Oregon Supreme Court ruled Thursday that employers do not have to accommodate a worker’s medical marijuana use – even if it’s off the job.

Exposure to the Consumer Court Under the Consumer Protection Act--More Litigation for the Medical Industry? Medical Law Seminar, June 2009 (Forum) (Report)

Exposure to the Consumer Court Under the Consumer Protection Act–More Litigation for the Medical Industry? Medical Law Seminar, June 2009 (Forum) (Report)

The Consumer Protection Act 2008 (‘the Act’) comes into operation incrementally. For the most part, the provisions of the Act directly affecting the consumer take effect on 30 October 2010. The effective date of those consumer protection provisions can be deferred for an additional 6 months on notice on the grounds that additional time is […]

Preston V. Meriter Hospital in the Supreme Court of Wisconsin (Medical Malpractice)

Preston V. Meriter Hospital in the Supreme Court of Wisconsin (Medical Malpractice)

HOLDING: When a baby is born in a hospital birthing center, the newborn has come to the “emergency department” for purposes of the Emergency Medical Treatment and Active Labor Act (EMTALA). Thus, the hospital must provide “an appropriate medical screening examination” to any infant born at the hospital birthing center in order to determine whether […]

Central Pathology Service Medical Clinic Inc. V. Superior Court Of Los Angeles County

Central Pathology Service Medical Clinic Inc. V. Superior Court Of Los Angeles County

Real parties in interest (plaintiffs) brought suit against petitioners (defendants) alleging claims based on negligent medical practices. Subsequently, plaintiffs were permitted to amend their complaint to add two causes of action based on intentional tort theories and to claim punitive damages for those intentional torts. The trial court (respondent) concluded Code of Civil Procedure section […]