http://www.abajournal.com/news/ en Copyright 2013 2013-05-18T04:29:17-06:00 http://www.abajournal.com/news/article/judges_tendency_to_interrupt_patronize_and_admonish_plaintiff_lawyer_requir/ A New York appellate court has reversed a defense verdict in a medical malpractice case, saying that the trial judge's tendency to "interrupt, patronize and admonish" the plaintiff's lawyer prevented the plaintiff from getting a fair trial, Reuters reports. While the lawyer, Anthony Pirrotti, "may have been overly… Appellate Practice, Health Law, Judiciary, Tort Law, Trials & Litigation, Verdicts & Settlements, States, New York Thu, 16 May 2013 16:10:20 -0500 44226.abajournal.com http://www.abajournal.com/news/article/angelina_jolies_op-ed_on_preventive_mastectomy_backs_gene_tests_that_are_su/ Angelina Jolie’s decision to have a double mastectomy, explained in a New York Times op-ed, was due to a defect in the BRCA1 gene that greatly increased the actress’s risk for breast cancer. Jolie wrote about her experience because she hoped that other women would also… Health Law, Insurance Law, Intellectual Property Law, Patent Law, U.S. Supreme Court Wed, 15 May 2013 12:27:10 -0500 44197.abajournal.com http://www.abajournal.com/news/article/convicted_of_first-degree_murder_abortion_doc_strikes_deal_for_life_term_in/ Convicted earlier this week of first-degree murder in the deaths of three infants who survived late-term abortions only to be slain at his Philadelphia clinic, a Pennsylvania physician struck a deal with prosecutors to avoid the death penalty. Kermit Gosnell, 72, will get a life term in prison without parole… Criminal Justice, Death Penalty, Sentencing/Post Conviction, Health Law, Trials & Litigation, Verdicts & Settlements, States, Pennsylvania Tue, 14 May 2013 17:05:20 -0500 44179.abajournal.com http://www.abajournal.com/news/article/dr._kermit_gosnell/ Following five weeks of testimony and 10 days of deliberation, the jury in a capital murder case against a Philadelphia late-term abortion doctor has found Kermit Gosnell guilty of three counts of first-degree murder concerning infants born alive whose spinal cords were then severed. He was acquitted Monday in the… Criminal Justice, Death Penalty, Health Law, Trials & Litigation, Evidence, States, Pennsylvania Mon, 13 May 2013 14:59:07 -0500 44157.abajournal.com http://www.abajournal.com/news/article/doctor_and_nurse_at_trial_in_major_criminal_case_over_hep_c_transmission_at/ Last month, a Nevada jury awarded a record $524 million to three individuals over a Hepatitis C outbreak that allegedly was caused by extreme cost-cutting measures at a medical provider's endoscopy clinics. Although the civil verdict is being appealed by the defendant health management… Criminal Justice, Health Law, Trials & Litigation, States, Nevada Wed, 08 May 2013 10:25:35 -0500 44080.abajournal.com http://www.abajournal.com/news/article/in_truly_bizarre_situation_fda_oks_no-prescription_plan_b_pill_sale_to_teen/ In the latest round of a hard-fought political battle over the issue of whether the so-called morning-after birth control pill should be available without a prescription to 15- and 16-year-olds, a federal regulatory agency has told pharmacies they are free to sell one brand, Plan B One-Step, over the counter,… Administrative Law, Consumer Law, Executive Branch, Health Law, Legislation & Lobbying, Science & Technology Law, Trials & Litigation, Verdicts & Settlements, 2nd Circuit Court, States, New York Thu, 02 May 2013 11:15:55 -0500 44004.abajournal.com http://www.abajournal.com/news/article/big-bucks_jury_question_did_concert_promoter_select_or_supervise_michael_ja/ Opening arguments began Monday in a small Los Angeles courtroom in a wrongful death case that could involve millions, or perhaps even billions, of dollars in damages. At issue is whether concert promoter AEG Live had a role in hiring or supervising Dr. Conrad Murray, who served as Michael Jackson's… Celebrities, Corporate Law, Health Law, Insurance Law, Tort Law, Trials & Litigation, States, California Mon, 29 Apr 2013 16:05:11 -0500 43962.abajournal.com http://www.abajournal.com/news/article/dangerous_desk_toy_buckyballs_voluntarily_recalled_by_retailers/ The Consumer Product Safety Commission, stymied in attempts to get a manufacturer to foot the bill, persuaded several prominent retailers to voluntarily join the agency in a recall of Buckyballs, the super-magnet desk toys which have seriously damaged the intestines of children who swallow them. The… Consumer Law, Health Law, Tort Law, Injury & Accident Law, Product Liability Law Mon, 29 Apr 2013 11:50:18 -0500 43953.abajournal.com http://www.abajournal.com/news/article/on_probation_for_manslaughter_in_childs_death_couple_again_relies_on_prayer/ Sentenced to 10 years of probation in 2011 after their toddler died of bacterial pneumonia, Herbert and Catherine Schaible were back in court again on Monday, following the death last week of an eight-month-old baby. By again relying on prayer instead of seeking medical treatment for their son, Brandon, the… Constitutional Law, First Amendment, Criminal Justice, Sentencing/Post Conviction, Health Law, States, Pennsylvania Tue, 23 Apr 2013 13:58:48 -0500 43876.abajournal.com http://www.abajournal.com/news/article/judge_allows_suit_challenging_contract_intended_to_squelch_bad_online_revie/ A federal judge in Manhattan has refused to dismiss a proposed class-action lawsuit challenging a dentist’s confidentiality agreement that barred negative online reviews by patients. U.S. District Judge Paul Crotty refused to dismiss the suit filed by patient Robert Lee, report Forbes and Legal… Health Law, Intellectual Property Law, Copyright Law, Internet Law Tue, 23 Apr 2013 06:10:09 -0500 43832.abajournal.com http://www.abajournal.com/news/article/senators_query_prompts_law_firm_to_quit_political_intelligence_work/ Greenberg Traurig has said it will stop working with so-called political intelligence firms after a U.S. senator questioned whether one of the law firm's lobbyists obtained and shared confidential information on Medicare. In a statement provided to Bloomberg, Greenberg Traurig said it "concluded that providing government relations services… Business of Law, Law Practice Management, Legal Marketing & Consulting, Health Law, Law Firms, Large Firm Mon, 22 Apr 2013 07:25:01 -0500 43845.abajournal.com http://www.abajournal.com/news/article/jury_awards_record_524m_in_hep_c_case_lawyer_calls_verdict_a_wake-up_call/ In what is being billed as a record-high verdict in Nevada for a single case, a jury has awarded a total of $524 million to three individuals, two of whom said they got Hepatitis C as a result of treatment by a doctor who contracted with the defendant health insurer… Consumer Law, Health Law, Insurance Law, Trials & Litigation, Verdicts & Settlements, States, Nevada Wed, 10 Apr 2013 15:26:11 -0500 43680.abajournal.com http://www.abajournal.com/news/article/man_who_paid_hospital_workers_for_patient_info_used_to_sell_medical_and_leg/ A man who admittedly paid husband-and-wife hospital employees over $10,000 to provide confidential patient information that was used to solicit individuals for additional medical and legal services was sentenced this week to four years in federal prison. Sergei Kusyakov, 39, pleaded guilty in January to conspiracy to defraud the United… Advertising Law, Consumer Law, Criminal Justice, Sentencing/Post Conviction, Health Law, Privacy Law, 11th Circuit Court, States, Florida Wed, 10 Apr 2013 11:22:19 -0500 43667.abajournal.com http://www.abajournal.com/news/article/companies_going_from_incentives_to_penalties_regarding_wellness_plans/ More companies are penalizing employees who don’t meet wellness requirements, the Wall Street Journal (sub. req.) reports. CVS Caremark, for instance, recently stated that employees who did not report their weight, body fat and cholesterol levels to the company’s benefit firm would be fined $600, the… Civil Rights, Health Law, Labor & Employment Mon, 08 Apr 2013 16:13:38 -0500 43639.abajournal.com http://www.abajournal.com/news/article/federal_judge_lifts_age_restrictions_on_over-the-counter_sales_of_morning-a/ A federal judge in Brooklyn has ruled that the government was "arbitrary, capricious and unreasonable” when it refused to lift age restrictions on over-the-counter sales of the morning-after pill. The decision (PDF) on Friday by U.S. District Judge Edward Korman orders the government to lift the ban on… Administrative Law, Health Law, Trials & Litigation Fri, 05 Apr 2013 08:38:32 -0500 43605.abajournal.com http://www.abajournal.com/news/article/doc_charged_in_7_murders_may_have_slain_300_to_free_up_hospital_beds_invest/ A doctor has been charged in what authorities are calling seven murders of terminally ill patients at a hospital in Brazil and could be responsible for as many as 300 deaths, an investigator says. Dr. Virginia Soares de Souza is charged with seven counts of aggravated first-degree murder. She is… Criminal Justice, Health Law, International Law, International Courts/Tribunals, International, South America Thu, 28 Mar 2013 13:40:49 -0500 43475.abajournal.com http://www.abajournal.com/news/article/nd_governor_signs_fetal_heartbeat_law_calls_constitutionality_an_open_quest/ North Dakota Gov. Jack Dalrymple acknowledges his state will face a legal fight over three new anti-abortion measures he signed into law on Tuesday. One law bans abortions after a fetal heartbeat can be detected, as early as six weeks into pregnancy, report the Associated Press, the… Constitutional Law, Health Law, Legislation & Lobbying, States, North Dakota Wed, 27 Mar 2013 07:04:06 -0500 43450.abajournal.com http://www.abajournal.com/news/article/quinn_emanuel_launches_new_health_care_fraud_practice_forsees_exponential/ Quinn Emanuel Urquhart & Sullivan has launched a new health care fraud practice group. It is headed by Sam S. Sheldon, 43, who started work Monday as a partner in the Washington, D.C., office of the the 600-attorney business litigation firm, reports Reuters. He… Careers, Health Law, Law Firms, Large Firm, Partners, States, District of Columbia Tue, 26 Mar 2013 10:46:36 -0500 43436.abajournal.com http://www.abajournal.com/news/article/supreme_court_rebuffs_north_carolinas_quest_for_one-third_of_girls_med-mal_/ North Carolina can’t obtain one-third of a girl’s medical malpractice settlement under a law that doesn’t take into account whether the money is attributable to medical care, the U.S. Supreme Court has ruled. The North Carolina statute is pre-empted by federal Medicaid law that bars liens on portions of a… Government Law, Health Law, Tort Law, Medical Malpractice, U.S. Supreme Court Wed, 20 Mar 2013 10:07:32 -0500 43365.abajournal.com http://www.abajournal.com/news/article/mom_gets_16_years_for_child_neglect_after_daughter_9_dies_of_diabetic_compl/ A Texas mom who was accused by authorities of failing to properly manage her diabetic daughter's diet has been sentenced to 16 years for child neglect following the girl's death, at age 9, from complications of the disease. Georgia Jones, 31, was sentenced Monday, after pleading guilty to felony injury… Criminal Justice, Sentencing/Post Conviction, Family Law, Health Law, States, Texas Tue, 19 Mar 2013 11:28:50 -0500 43341.abajournal.com