The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all. See Wikipedia: Rule Against […]
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The right to privacy has evolved as America has aged. It began as protection from intrusions into the home. “The Fourth Amendment provides — “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon […]
This case concerns a dispute under the Health Insurance Portability and Accountability Act (HIPAA). The issue was whether Plaintiff’s mental and physical condition were in issue by filing a malpractice suit and whether the trial court erred by allowing, but not requiring, ex parte oral communications with health care providers. On appeal the court held […]
This case is a false claims case. Plaintiff filed a motion to compel after Defendant asserted an attorney-client privilege regarding conversations attended by Defendants’ Medicare Compliance Officer. During depositions, Defendant argued that Mr. Istafanous was an agent of the legal department and participated for the purpose of identifying risks and determining appropriate actions based on […]
After Plaintiff sued for negligence, Manor Care moved to disqualify Plaintiff’s counsel. The trial court denied the motion. An application for certiorari was filed and granted. From February 2001 through December 2004, Scott Fischer represented Manor Care defending nursing home cases. At the end of December 2004, Fischer left his prior firm and joined Gordon […]
Plaintiff requested medical records, and the hospital charged $2 per page. Plaintiff objected, citing California Evidence Code § 1158, which provides that a medical provider can charge no more than ten cents per page. Plaintiff then filed a class action alleging that the hospital systematically violated the limitation of charges. The hospital argued that section […]
