In the recent case of Little v. Schneider (August 22, 2013), the Maryland Court of Appeals unanimously reinstated a $2.874 million verdict issued for a plaintiff by a Harford County, MD jury. The jury found that Dr. Schneider (acting as a specialist in vascular surgery) negligently used the wrong size graft in attempting to perform an arterial bypass. This allegedly caused massive bleeding, leaving Ms. Little permanently paralyzed.
Joseph Greenwald & Laake Blog
Maryland High Court rules that, while generally the jury is not entitled to be told that the defendant physician is not board certified, there are instances in which that evidence may be admissible.
D.C.’s New Pre-Litigation Insurance Disclosure Law - Leveling the Playing Field will Help Personal Injury Plaintiffs Resolve Claims Faster
The Pre-Litigation Discovery of Insurance Coverage Amendment Act of 2012 is now in effect in the District of Columbia and offers a new and powerful tool to Plaintiffs and their personal injury attorneys in settling claims for maximum value.
The Supreme Court’s Declaration of DOMA as Unconstitutional Expands Family and Medical Leave Coverage to Same-Sex Spouses
The Family and Medical Leave Act of 1993 (the “FMLA”) provides much-needed flexibility for employees who need time off of work in order to care for personal or familial needs. Title I of the FMLA allows eligible employees working for a covered employer up to 12 weeks of unpaid leave to care for a “spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition,” among other reasons.
On June 26, 2013, the United State Supreme Court issued its 5-4 opinion in the case of United States v. Windsor. This opinion found that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 defined the word “marriage” to mean “only a legal union between one man and one woman as husband and wife, and defined the word “spouse” as only person of the opposite sex who is a husband or a wife. 1 U.S.C. §7.
Two Laws That Work Well Together – The False Claims Act (FCA) and the Wartime Suspension of Limitations Act (WSLA)
The False Claims Act (FCA), originally conceived by Abraham Lincoln during the Civil War, has been an effective tool for the Government to recover funds fraudulently taken from all types of government programs from national security to Medicare for over a century and a half. But like all statutes, the FCA has its limitations, including time. Until recently, it was believed that with little exception fraudulently taken taxpayer funds could be recovered only for a period of six years prior to the filing of a complaint. 31 U.S.C. § 3731(b).
Many employers and certainly many employees may be shocked to learn that “Paruresis,” commonly known as “shy bladder syndrome” or the inability to urinate with others present, qualifies as a disability under the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”). Although the subject is somewhat comical at first blush, it is crucial that employers and employees know that the protections afforded employees are broader than ever. This was not always so; especially for shy bladder syndrome.
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