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Litigation News & Trends
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In-house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review online edition.
Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.
There is no log-in to access the database and new articles are added hourly.
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11th Circuit Rejects ‘Sole Purpose’ Argument as Basis for Denying Privilege Protections Under Patient Safety Act
At long last, the "sole purpose" argument used by trial courts and plaintiffs' attorneys was soundly rejected in a recent decision issued by the 11th Circuit Court of Appeals, In Re: BayCare Medical Group, No. 23-12571, May 14, 2024. In that case, a surgeon filed an employment discrimination lawsuit after she was terminated by BayCare Medical Group and St. Joseph's Hospital in Tampa, Florida. The termination was based on her alleged commission of several surgical errors. During discovery, she sought to require that BayCare disclose "internal documents about the performance of other doctors who were not fired despite also committing errors."
More on Patient Safety Act Here >
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Pending U. S. Supreme Court Tax Case Could Affect Multistate Contractors
A case on appeal to the U.S. Supreme Court from the South Dakota Supreme Court should be on your watch list. It involves Ellingson Drainage, Inc., a general contractor headquartered in Minnesota that specializes in installing drain tile for farming and government applications. During the audit period the company handled projects in more than 20 states, including several relatively small projects in South Dakota that involved moving equipment purchased in other states into South Dakota for these projects.
More on Supreme Court Tax Case Here >
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SCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as “surcharge” falls under ERISA’s equitable remedies provision. Surcharge, in simple terms, resembles monetary damages. Historically, courts used it to address losses resulting from a trustee’s breach of duty or to prevent unjust enrichment.
More on ERISA Ruling Here >
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