ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]
Abortions, APRNs can do, §50-20-109 unconstitutional
ABORTIONS: State failed to show that abortions cannot be safely provided by APRNs, §50-20-109 limiting to physicians and PAs properly held unconstitutional violation of privacy… Menahan affirmed. [Read more…]
Abortion services, 2021 restrictions preliminary enjoined
ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]
Smelter contamination, landowners’ restoration damages
SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
Abortion, preliminary injunction allowing by APRNs
ABORTION: Preliminary injunction properly granted allowing APRNs to perform early-term abortions pending challenge of statute restricting abortions to physicians and PAs… Menahan affirmed. [Read more…]
Medical malpractice rulings, rebuttal disclosures
MEDICAL MALPRACTICE: Rulings on expert/rebuttal disclosures in heart attack case against hospital involving issues of oxygen saturation, unnamed hospital doctors… fact issues as to breach of standard of care precludes summary judgment for Plaintiff on liability… hospital’s motion for summary judgment based on “judicial admissions” by Plaintiff’s counsel rejected… J. Brown. [Read more…]
Attorney disqualification, prospective client
ATTORNEY DISQUALIFICATION: Rifle manufacturer’s national counsel improperly used fact that Plaintiffs had been turned down by local counsel to intimidate and create impression they had bad case… national and local firms properly disqualified… Salvagni affirmed. [Read more…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
Real estate, Freddie Mac/agent liability for fall
REAL ESTATE: Freddie Mac, as possessor of property where Plaintiff fell through basement access, had duty to use ordinary care in maintaining the property in a reasonably safe condition and warn of hidden/lurking damages… unrelated buyer’s agents who had previously seen the opening did not have a duty… Molloy. [Read more…]
Defense verdict, med-mal, breast cancer
VERDICT: Defense, medical malpractice, alleged mammogram misreading leading to double mastectomy. [Read more…]