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The Researching Paralegal

Monthly Archives: February 2014

Experienced Trial Attorney Shares The Risks and Rewards Of Personal Injury Lawsuits.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in Depositions, Discovery, Expert Witness, Experts, Health Law, Law Office Management, Litigation, Medical Malpractice, Personal Injury, Trial Tips and Techniques

≈ Comments Off on Experienced Trial Attorney Shares The Risks and Rewards Of Personal Injury Lawsuits.

Tags

Butter’s Blog, Expert Witness Fees, Fortune 500, Foshee & Yaffe, Gregory H. Haubrich, Jackpot Justice, Lawyer Fees, Litigation Costs, Medical Malpractice, Personal injury lawyer, Trial Tips & Techniques

Why Lawsuits Are So Expensive, Pt. I, by Gregory H. Haubrich, Foshee & Yaffe, Butter’s Blog

http://tinyurl.com/mgq7pnl

You’d be surprised at how careful good personal injury lawyers are about what cases they take. In general the public thinks that we can take any person with any complaint and get them some of what our governor calls “jackpot justice.” In truth, the economics of our practice and the ethics of our profession require that we only take cases of serious injury that are objectively provable. We as plaintiff’s lawyers most often fund the expenses of our clients’ cases; otherwise they would not have access to the courts because court cases are expensive. However, if we invest in unsuccessful cases, the time and money we put into those cases will be lost.

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Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in False Claims Act, Fraud, Health Law

≈ Comments Off on Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

Tags

Alabama, Arkansas, Emergency Room, ER, False Claims Act, Federal Health Care, Florida, Fraud, Gary Newsome, Georgia, Health Management Associates Inc., HMA, Hospitals, Inpatient Admissions, Kentucky, Kickbacks, Mississippi, Missouri, North Carolina Supreme Court, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas Supreme Court, Washington, West Virginia

Government Intervenes in Lawsuits Against Health Management Associates Inc. Hospital Chain Alleging Unnecessary Inpatient Admissions and Payment of Kickbacks, by Department of Justice, Office of Public Affairs

http://www.justice.gov/opa/pr/2014/January/14-civ-037.html

The government has intervened in eight False Claims Act lawsuits against Health Management Associates Inc. (HMA) alleging that HMA billed federal health care programs for medically unnecessary inpatient admissions from the emergency departments at HMA hospitals and paid remuneration to physicians in exchange for patient referrals, the Justice Department announced today.  The government also has joined in the allegations in one of these lawsuits that Gary Newsome, HMA’s former CEO, directed HMA’s corporate practice of pressuring emergency department physicians and hospital administrators to raise inpatient admission rates, regardless of medical necessity.  HMA operates 71 hospitals in 15 states: Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and West Virginia.

*     *     *

The lawsuits allege that HMA’s corporate officers, at the direction of Newsome, exerted significant pressure on doctors in the emergency department to admit patients who could have been placed in observation, treated as outpatients or discharged, and that this resulted in the submission of inflated or false claims to federal health care programs.  One lawsuit also alleges that patients were improperly admitted for scheduled surgical procedures that should have been done on an outpatient basis.  The complaints further allege that HMA paid kickbacks, either in the form of bonuses or awarded contracts, to physician groups staffing HMA emergency rooms to induce the physicians to admit patients unnecessarily. . . .  [Emphasis added.]

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Is Your App A Data Hog? There’s An App For That.

02 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Cell Phones, iPad, iPhones, Legal Technology, Tablets

≈ Comments Off on Is Your App A Data Hog? There’s An App For That.

Tags

Android Apps, Apps, Candy Crush Saga, Data Hog, Facebook, iOS, Know My App, Legal Productivity Blog, Tim Baran

App of the Week: Know My App – Identify Data Hogging Apps, by Tim Baran, Legal Productivity

 http://tinyurl.com/ms6lw3s

Candy Crush Saga fans can breathe a sigh of relief! Candy Crush is not a data hog. -CCE

We’re departing from our weekly routine of featuring one mobile app to, well, featuring all mobile apps. Know My App is a web tool that shows the data hogging habits of popular iOS and Android apps.

Know My App calculates an app’s data usage based on a typical user. It’s an average rather than a specific user’s data usage.

 

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JD Supra Changes Its Name and Scope.

02 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, United States Supreme Court

≈ Comments Off on JD Supra Changes Its Name and Scope.

Tags

J.D. Supra, J.D. Supra Business Advisor, Robert Ambrogi, Robert Ambrogi's Web Sites, U.S. Supreme Court

 New Tagline for JD Supra Underscores Business Focus, by Robert Ambrogi, Robert Ambrogi’s Law Sites

 http://tinyurl.com/kvpd6yc

Without any fanfare, JD Supra changed its tagline last month, to ‘JDSupra Business Advisor.’ The move emphasizes the company’s evolution from a simple aggregator of law-related content to a publisher, distributor and curator focused on delivering legal information to the business world.

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Can Law Enforcement Search A Cell Phone Without A Warrant?

02 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 1st Circuit Court of Appeals, 5th Circuit Court of Appeals, Android Phones, California Supreme Court, Cell Phones, Constitution, Florida Supreme Court, Fourth Amendment - Search & Seizure, Georgia Supreme Court, iPad, iPhones, Legal Technology, Massachusetts Supreme Court, Ohio Supreme Court, Privacy, Tablets, United States Supreme Court

≈ Comments Off on Can Law Enforcement Search A Cell Phone Without A Warrant?

Tags

California Supreme Court, Cell Phones, Fifth U.S. Court of Appeals, First U.S. Court of Appeals, Florida Supreme Court, Fourth Amendment, Fourth U.S. Court of Appeals, Georgia Supreme Court, Kwame Opam, Law Enforcement, Massachusetts Supreme Court, Ohio Supreme Court, Police, Probable Cause, Search and Seizure, Seventh U.S. Court of Appeals, The Verge, U.S. Supreme Court

Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE

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Legal Writing Tips From a Former Law Clerk.

01 Saturday Feb 2014

Posted by Celia C. Elwell, RP in ALWD, Bad Legal Writing, Brief Writing, Citations, Headnotes, IRAC, Legal Writing, The Bluebook

≈ Comments Off on Legal Writing Tips From a Former Law Clerk.

Tags

Bad Legal Writing, Brief Writing, Charleston School of Law, Citations, Grammar, Headnotes, Judicial Clerk, Kentucky Bench and Bar Association Magazine, Law Clerk, Legal Writing, Professor Brock Collins, Punctuation, Quotations

Writing Trial Memoranda: A Law Clerk’s Perspective, by Brock Collins, Kentucky Bench and Bar Association Magazine (January 2014) (with hat tip to Legal Writing Prof Blog)

http://kentuckybenchandbar.epubxp.com/t/30647

On page 28 of the Kentucky Bench and Bar Association Magazine, Brock Collins, a Professor at Charleston School of Law, describes what he learned about legal writing as a former judicial clerk. Professor Brock observes that “[t]he quality of an attorney’s credibility and reputation is based in large part on the quality and thoroughness of her legal writing.” In this excellent article, Professor Brock shares his legal writing tips. -CCE

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Recent Kansas Case Ignores Sperm Donor Parties’ Written Agreement.

01 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Child Support, Contract Law, Family Law, Litigation

≈ Comments Off on Recent Kansas Case Ignores Sperm Donor Parties’ Written Agreement.

Tags

Artificial Insemination, Child Support, Contract Law, Craigslist, Judge Mary Mattivi, Kansas Department of Children and Families, Kansas District Court, Parental Rights, Shawnee County, Sperm Donor, William Marotta

Sperm Donor Ordered to Pay Child Support Despite Agreement, by Nancy Kim, ContractsProfBlog

http://tinyurl.com/lsm5zth

A man responded to a Craigslist ad for a sperm donor posted by two women. Each of them signed an agreement that the man waived his parental rights and responsibilities. A child was born as the result.

Regardless of the parties’ written agreement, the Kansas Department of Children and Families, not the two women, sued to have the man declared as the legal father of the child. As the legal father, the Kansas Department of Children and Families asked the Court to award it $6,000 award against the man for past and future child support.

Because a Kansas statute requires a physician to perform the artificial insemination procedure, a Kansas District Court ruled that a sperm donor’s self-designation in the parties’ agreement was insufficient to waive parental rights and responsibilities. Therefore, the Judge decided that the Kansas Department of Children and Families was right – the man was indeed the legal father and owed the demanded child support. -CCE

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iPhone J.D.’s Latest.

01 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Apple, Apps, iPad, iPhones, Legal Technology, Mac, Microsoft Office, Trial Tips and Techniques

≈ Comments Off on iPhone J.D.’s Latest.

Tags

Apple, Apps, Clifford Agocs, CourtDial, Daring Fireball, iPads, iPhone, iPhone J.D. Blog, Jeff Richardson, John Gruber, Joseph Hada, Legal Technology, Mary Der-Parseghian, Microsoft Word, Morgan Smith, Randy Singer, Shane Cole, Starwood, Trial Tips & Techniques, WiFi Zone

In the news, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2014/01/in-the-news230.html

As always, Jeff Richardson serves up a great collection for iPhone and iPad users:

  1. Outstanding article by John Gruber on the 30th anniversary of the Mac;
  2. An explanation by Morgan Smith on iPhone Personal Hotspot function to create a private WiFi zone in a courtroom;
  3. iPad tips from Joseph Hada;
  4. Options for reading Microsoft Word files from Randy Singer;
  5. A new app, CourtDial, created by Mary Der-Parseghian;
  6. Best options for gloves that work with a touchscreen from Clifford Agocs;
  7. Shane Cole’s report of Starwood’s new way to use the iPhone as a hotel room key;
  8. How to schedule recurring events on iPhones and iPads from Dan Moren; and
  9. An iPhone case with a hidden wallet compartment called the Push from Dapperbox.                                                                                    -CCE

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