Posted in Brain Injury News
I recently took the deposition of a neuropsychologist who maintained that all patients having sustained a mild traumatic brain injury recover within six months. When presented with recent studies demonstrating the inaccuracy of that opinion, he acknowledged that he was unfamiliar with those studies. Rather, he relied on a 2004… Continue reading
Posted in Trusts & Estates
Gift provisions in a power of attorney can limit both agents and guardians, and restrict their ability to make gifts if a need arises. For this reason, powers of attorney should be carefully drafted to include appropriate gifting authority. A recent New Jersey Appellate Division case underscores the importance of… Continue reading
Posted in Nursing Home
As the Brain Injury Association of America embarks upon Fall Prevention Month, it is important to highlight the high incidence of head injuries sustained by the elderly in preventable falls in nursing homes. Nursing home facilities are required to provide residents with a safe and hazard-free environment including attention to fall… Continue reading
Posted in Business & Commercial Law
On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same,… Continue reading
Posted in Community Associations
A number of community associations are governed by Declarations/Master Deeds and By Laws containing a provision that any controversy or claim arising out of, or relating to the Declaration/Master Deed or By Laws, must be submitted to and decided by the American Arbitration Association (AAA) under its Commercial Arbitration Rules…. Continue reading
Posted in Business & Commercial Law
In a unanimous decision, the Supreme Court recently held that States cannot be held liable for monetary damages in copyright infringement lawsuits despite the Copyright Remedy Clarification Act of 1990 (CRCA). This act provides that a State “shall not be immune, under the Eleventh Amendment [or] any other doctrine of… Continue reading
Posted in Nursing Home
Nursing homes have been a focal point in the fight against COVID-19. While the challenges of protecting vulnerable and elderly nursing home residents against an unknown and often silently transmitted disease are significant, the pandemic has made existing problems within the long-term care community even more readily apparent. Poor quality… Continue reading
Posted in Intellectual Property
In Solid Oak Sketches, LLC v. 2K Games, Inc. et al., No. 16-CV-724-LTS-SDA, 2020 U.S. Dist. LEXIS 53287 (S.D.N.Y. 2020), the Southern District of New York granted summary judgment dismissing Plaintiff’s copyright infringement claims based on the use of Plaintiff’s copyrighted tattoos on replica NBA players in Defendant’s popular NBA… Continue reading
Posted in Truck & Bus Accident
The Kansas-based trucking company, YRC Worldwide, had a difficult year in 2019. It had lost more than $100 million and was being sued by the Justice Department for allegedly defrauding the federal government. But, as The New York Times reports, YRC received a $700 million loan in exchange for a… Continue reading
Posted in Pennsylvania Law Monitor
On Monday, applications for the second round of funding under the COVID-19 Relief Statewide Small Business Assistance Program were opened. Grants of between $5,000 and $50,000, depending on a business’ revenues, will be issued by Pennsylvania’s 17 Community Development Financial Institutions within two weeks of the application period closing. Funding for… Continue reading
