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19 Nov 2020, 6:17 am by The Law Offices of John Day, P.C.
Access should have been afforded to all of the decedent’s records concerning his internal carotid stenosis, and all Defendants should have been provided with a HIPAA authorization permitting them to effectuate a review of all of these records. [read post]
21 Jul 2014, 3:45 am by John Day
  The statute of limitations runs from the point at which the plaintiff discovers or should have discovered the claim and the plaintiff must file the claim within the statutory limitations period. [read post]
13 Apr 2015, 5:00 am by Daniel E. Cummins
   The Defendant generally asserted that she was entitled to secured documentation relevant to the Plaintiff’s past medical history and any and all documents pertaining to the Plaintiff’s past medical care and treatment in order to ascertain whether any of the injuries alleged by the Plaintiff existed prior to the accident and/or whether or not the Plaintiff was involved in any other prior incidents as a result of which he sustained… [read post]
15 Apr 2013, 12:39 pm by John J. Sullivan
  It is, after all, the plaintiffs’ burden to produce evidence tending to show that an adequate warning would have caused the prescribers not to prescribe. [read post]
5 Apr 2021, 6:50 am by Second Circuit Civil Rights Blog
It's all very complicated, and lawyers have to ensure that the Rule 68 offer is clear and unambiguous for these penalties to kick in. [read post]
25 Nov 2012, 1:05 pm
A defendant also may establish entitlement to summary judgment using the plaintiff's deposition testimony and medical reports and records prepared by the plaintiff's own physicians . [read post]
20 Mar 2012, 11:42 am
You need the right attorney to help you navigate through all the law to get you the award you are entitled to. [read post]
19 Mar 2013, 8:36 pm by Seyfarth Shaw LLP
Although federal courts permit individual plaintiffs to avoid removal by stipulating that amounts at issue fall below the federal jurisdictional requirement, the “key characteristic” of those stipulations is that they are “legally binding on all plaintiffs. [read post]
9 Nov 2012, 1:06 pm
A defendant also may establish entitlement to summary judgment using the plaintiff's deposition testimony and medical reports and records prepared by the plaintiff's own physicians . [read post]
21 Apr 2021, 6:10 am by The Law Offices of John Day, P.C.
After the motion to dismiss was filed, plaintiff amended her complaint, alleging that “all doctors and providers to include Dr. [read post]
11 Dec 2020, 5:56 am by The Law Offices of John Day, P.C.
Based on the facts of this case, the Court of Appeals agreed that plaintiffs had relied on the representation but found that the reliance could not be deemed reasonable, explaining: The Bank’s deed of trust was recorded in 2000, placing all the world on constructive notice of an encumbrance on the real property. [read post]
14 May 2021, 5:51 pm by Parks, Chesin & Walbert
The court noted that the plaintiffs “believed their claims to be well-pleaded at all times prior to filing their motion for conditional certification,” although there were, apparently, some deficiencies raised by the defendant’s response to the plaintiff motion. [read post]
18 Oct 2018, 7:46 am by Lebowitz & Mzhen
The court first noted that the plaintiff failed to include the terms “grossly negligent” or “willful” in his complaint, and thus the claim as written would not entitle him to relief even if he was successful in proving all of the facts he alleged. [read post]
11 Mar 2018, 4:51 pm by Lebowitz & Mzhen
The dedicated personal injury lawyers at the law firm of Lebowitz & Mzhen, LLC have extensive experience representing nursing home residents and their families in all types of nursing home abuse and neglect lawsuits. [read post]
21 Mar 2014, 6:07 pm by Patricia Salkin
Plaintiffs suggested that the township was opposed to all development and only adopted the LR zoning as a litigation strategy. [read post]
8 Nov 2023, 4:30 am by Eric B. Meyer
These individuals “all followed the process and took their drug test,” and methadone was not a bar to hiring for any of these employees. [read post]