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Fairness in Nursing Home Arbitration Act aims to protect residents and their loved ones

The Fairness in Nursing Home Arbitration Act, proposed by Reps. Linda Sanchez (D-CA) and Jan Schakowsky (D-IL), aims to ban long term care facilities from requiring nursing home residents to sign and commit to pre-dispute binding arbitration agreements. What is a pre-dispute binding arbitration agreement? A pre-dispute binding arbitration agreement is a contract that mandates […]

Asbestos Found in Philadelphia Schools

Many people believe that asbestos was banned in the 1970s, it wasn’t.  Regulations on the use of asbestos came in the 1970s when court documents proved that leaders in the asbestos industry were aware of the dangers but kept this information from the public. Commonly used in construction, asbestos is made of thin fibrous crystals […]

What happens if you are involved in an accident as a passenger in a rideshare vehicle?

In recent years, transportation network companies have become commonplace on the roads in the State of New Jersey.  Commercial enterprises, namely Uber and Lyft, have supplanted most other forms of livery business. Many of us utilize these companies on a weekly basis.  But what happens if you are involved in an accident while riding as […]

Assisted Livings: “Buyer Beware”

The NY Times published an opinion article this week telling a story of long-term care that rings too true to be brushed aside.  Assisted livings: what are these facilities; what care are our loved ones actually receiving; and how much are they getting paid to do it? The familiar tone continues to ring that Nursing […]

Groundbreaking Settlement for South African Gold Miners

On July 26, 2019 the High Court of the Republic of South Africa issued a final opinion approving the settlement of a class action which was filed on behalf of former gold miners in that country who suffer from or have suffered from either silicosis or tuberculosis as a result of their work in the […]

FDA Enforcement Actions Drop Under Trump Administration

The Food and Drug Administration (FDA) is responsible for monitoring and ensuring the safety of medicines and vaccines, blood transfusions, medical devices (such as joint replacements and surgical instruments) as well as food products and nutritional supplements.  It functions as one of the most important consumer watchdogs, and its mission is vital to the safety […]

Three People, One Email and New Law on Waiver of Attorney Work Product

The Pennsylvania Supreme Court has just adopted a new test for waiver of the protection of the attorney work product doctrine, but it has reaffirmed the standard test for waiver of the attorney-client privilege. BouSamra v. Excela Health, __ A.3d __, 2019 WL 2509384 (Pa., June 18, 2019) is the story of a discovery dispute […]

How Do You Prove Medical Negligence?

Medical malpractice, or medical negligence as it is also called, is care or treatment by a medical provider (doctor, nurse, therapist, etc.) that is found to be below the accepted standard of care and that caused harm to a patient. In a medical malpractice lawsuit, it is the burden of the patient who is alleging […]

CMS Releases New Nursing Home Special Focus Facility List

June 15th is World Elder Abuse Awareness Day.  With events to bring awareness to the endemic of worldwide elder abuse countries provide activities and training for prevention, recognition, and treatment of elder abuse worldwide.   Bringing attention of elder abuse closer to home, CMS (the Center for Medicare Services) recently released a nationwide extended list […]

New York Rejects Pipeline Citing Environmental and Climate Change Concerns

In a rousing victory for environmentalists, on May 15th the New York State Department of Environmental Conservation rejected the proposal of the Oklahoma based Williams Companies to lay a 37 mile liquid natural gas pipeline through New York harbor and the New Jersey/New York Raritan watershed.  Citing concerns related to copper and mercury contamination that […]

Reduction of Concussions in Most Recent NFL Season

On February 28, ESPN reported the following: “NFL players were diagnosed with three concussions during the 2018 playoffs, a 70 percent drop from the previous year and a continuation of a season-long trend.  In total, there were 217 diagnosed concussions in practices and games during the 2018 season, compared to 291 in 2017, the league […]