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20 Jun 2019, 5:40 am by Daniel E. Cummins
Callaghan, Inc., 200 A.588 (Pa. 1938), in which that Court noted, in part, that “the mere happening of a rear-end collision does not [at common law] constitute negligence as a matter of law on the part of the driver in the rear…. [read post]
19 Jun 2019, 4:00 am by Administrator
Theberge-Lindsay v. 3395022 Canada Inc. [read post]
13 Jun 2019, 5:18 am by Eugene Volokh
Heartland Payment Systems, Inc., 729 F.3d 421 (5th Cir. 2013) (whether economic loss doctrine barred negligence claims against a bank that had its security software breached by computer hackers), and Patco Constr. [read post]
20 May 2019, 9:11 am by MOTP
PLS Financial Services, Inc., however, a federal district court and the Fifth Circuit reached the opposite conclusion in a proposed class action presenting the very same litigation waiver question under almost identical factual circumstances, 689 Fed.Appx. 800 (5th Cir. 2017) (per curiam).How should these cases be counted? [read post]
18 May 2019, 9:27 am by MOTP
THE LODESTAR COMES TO ALL LONE STAR STATE COURTS Last month the Texas Supreme Court handed down an important decision on attorney’s fees in a case involving a dispute over a commercial lease. [read post]
6 May 2019, 5:44 pm by Cynthia Marcotte Stamer
Health plans, their sponsoring employers and unions, insurers, fiduciaries, administrators, insurers and other service providers should learn from the $3 million lesson a Franklin, Tennessee-based diagnostic medical imaging services provider is learning about the heavy penalties a health plan, health care provider, health care clearinghouse  or business associate  (“Covered Entity”) risks if a post-data breach investigation by the U.S. [read post]
30 Apr 2019, 10:23 am by Cynthia Marcotte Stamer
Health plans must deliver electronic protected health information (“ePHI”) to electronic applications or software (“apps”) used by plan members, and are responsible under the Health Insurance Portability & Accountability Act (“HIPAA”) Privacy and Security Rules for the security of electronic protected health information (“ePHI”) on apps they sponsor or provide, according to new guidance from the Department of Health & Human Services… [read post]