Attorney Court Rules Healthcare Statute 
Day on Torts
APRIL 25, 2022
Where the person who executed an arbitration agreement in connection with decedent’s admission to a nursing home had a power of attorney for decedent, but that power of attorney did not mention the ability to make health care decisions, the arbitration agreement was unenforceable. Code Ann. § internal citation omitted). 3d 487 (Tenn.
JURIST
DECEMBER 12, 2023
The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban. Her health is on the line.
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Day on Torts
MARCH 11, 2022
When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. In Welch v. National Health Corp. , 3d 876 (Tenn.
Day on Torts
APRIL 1, 2022
Bradley Healthcare and Rehabilitation Center , No. The Court noted that this interpretation “comports with the purpose of the certificate of good faith—weeding out frivolous lawsuits.”. Applying this reasoning to the case at hand, the Court ruled that Exhibit 7 did not satisfy the certificate of good faith requirements.
MyCase
AUGUST 16, 2022
According to Law.com , attorney retirement in New York is “remarkably complex” with “variations of ‘retire’… used in different contexts.” The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain court rules on retirement.”.
Day on Torts
AUGUST 19, 2021
4, 2021), plaintiff, who was the patient’s power of attorney, filed an HCLA case based on treatment the patient received at a skilled nursing facility. The Court pointed out that the motion in Martin was a motion for summary judgment, which is why the Court therein cited Rule 56, but that the Martin opinion held that “a Rule 12.02(6)
The Crime Report
DECEMBER 1, 2022
Its legal proceedings take place out of public view, under seal, with a low standard of evidence and often a court-appointed attorney for the fetus — but none for the person gestating it. With abortion now largely inaccessible in Wisconsin, Act 292 could become more widely applied, worries Loertscher’s attorney Freya Bowen.
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