On July 23, 2010 the Kentucky Court of Appeals reversed a trial court decision denying a motion to compel arbitration filed by a long term care facility in a malpractice case brought by the heirs of a former resident (deceased). In Beverly Enterprises, Inc. v. Ping, 2010 WL 2867914, the facility’s intake form included an ADR [...]
Member Spotlight: Michael J. Khouri, Esq.
July 1st, 2010Although Mike Khouri (and other members of his firm) handles some health care and legal professional liability (civil) matters, his primary practice in the state courts of California and federal courts nationwide involves the defense of health care providers in criminal matters. The cases may include, for example, alleged billing fraud, narcotics abuse and sexual [...]
Medical Malpractice Primer
June 22nd, 2010A very recent Connecticut Supreme Court case offers an informative analysis of several aspects of medical malpractice law and trial procedure helpful to well and less experienced trial counsel. DiLieto v. County Obstetrics and Gynecology Group, P.C., 2010 WL 2471898 (Conn., June 29, 2010) involved a diagnostic/surgical error context in which the court thoughtfully evaluates [...]
Broker-Dealer Fiduciary Duty
June 22nd, 2010ALI-ABA has set a webcast for June 30 at noon (EDT) entitled, ” A Fiduciary Duty for Broker-Dealers – The Stage is Set. What You Should Be Doing Now.” For further information see www.ali-aba.com.
In-House Legal Malpractice: Default Judgment
May 12th, 2010On May 7, 2010 the California Court of Appeal, 4th District, agreed that a $4 million default judgment against an in-house counsel’s client should be vacated. In Gutierrez v. G&M Oil Co., 2010 WL 1818904 (App. 2010) counsel ignored the suit papers and took next to no action in defense of the claim for months. Only after the default [...]
