ALBUQUERQUE, N.M. - Plaintiff expert testimony that an emergency room doctor breached the standard of care by not prescribing prophylactic antibiotics for a diabetic man's foot puncture was not scientific knowledge requiring application of the Daubert /Alberico admissibility standards, a New Mexico Court of Appeals panel held Oct. 21 (Richard and Blanca Quintana v. Steven Acosta, et al., No. 31,585, N.M. App.; 2013 N.M. App. LEXIS 111).
SEATTLE - The Washington Court of Appeals on Oct. 14 upheld a jury's $122,000 award to the plaintiffs in a medical malpractice action, concluding that the trial court did not err by restricting an emergency room doctor's testimony regarding his professional conduct (Bernardo Figueroa, et al. v. Highline Medical Center, et al., No. 68272-5-I, Wash. App., Div. 1; 2013 Wash. App. LEXIS 2459).
DELTA, Miss. - An insured's argument that the Federal Emergency Management Agency essentially denied his claims through its selection of a flood-in-progress date is too weak to establish that FEMA waived its sovereign immunity, a Mississippi federal judge ruled Sept. 27, granting the agency's motion to dismiss the insured's claims against it (Alan McCaskill v. U.S. Department of Homeland Security, et al., No. 2:12CV43-B-A c/w Nos. 2:12cv120-B-A, 2:12CV136-B-A, 2:12CV137-B-A and 2:12CV138-B-A, N.D. Miss.; 2013 U.S. Dist. LEXIS 139263).
WASHINGTON. D.C. - The White House announced Sept. 27 that it is providing more than $311 million to help the bankrupt City of Detroit through a combination of federal block grant programs as well as money from the U.S. Department of Transportation (DOT), the Federal Emergency Management Agency (FEMA) and private foundations.
NEW YORK - Bankrupt technology company Lightsquared Inc. on Sept. 23 filed an emergency motion in the U.S. Bankruptcy Court for the Southern District of New York seeking at least $315,000 in compensation for three members of a special committee that has played "a significant role" in selling the company's assets and helping it restructure. The compensation could increase depending on how long Lightsquared determines the special committee is needed (In Re: Lightsquared Inc., No.12-12080, Chapter 11, S.D. N.Y. Bkcy.).
DETROIT - Syncora Guarantee Inc., the financial guarantee insurance provider, on Sept. 19 moved in the U.S. Bankruptcy Court for the Eastern District of Michigan for admission of the deposition testimony of Emergency Manager Kevyn Orr and attorney Kenneth Buckfire on grounds they both qualify as managing agents of the Chapter 9 bankruptcy of the City of Detroit (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
NEW ORLEANS - A Louisiana federal judge on Sept. 12 entered judgment in favor of the Federal Emergency Management Agency one day after granting the federal agency's motion for summary judgment in a flood damage coverage dispute arising from a tropical storm (Peter G. Vicari, et al. v. FEMA, et al., No. 12-2192, E.D. La.; 2013 U.S. Dist. LEXIS 130235).
FORT LAUDERDALE, Fla. - The bankrupt former mansion of designer Gianni Versace, Casa Casuarina LLC, on Sept. 9 filed an emergency motion to deem the lease on the property as terminated regarding its most recent tenant in order for an auction of the property to proceed (In Re: Casa Casuarina LLC, No. 13-25645, Chapter 11, S.D. Fla. Bkcy.).
BOISE, Idaho - The Idaho Supreme Court on Sept. 6 affirmed summary judgment for medical defendants in a case involving a woman's allegedly inappropriate treatment at an emergency room, agreeing that the plaintiff's expert affidavit was inadmissible (Heather Hall v. Rocky Mountain Emergency Physicians LLC, et al., No. 39473, Idaho Sup.; 2013 Ida. LEXIS 269).
ROCHESTER, N.Y. - The chief executive officer of bankrupt Eastman Kodak Co., declaring "What's next starts now," on Sept. 3 announced that the company had emerged from Chapter 11 bankruptcy as a reorganized company that has been "revitalized" by the transformation of the bankruptcy process (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
WASHINGTON, D.C. - US Airways Inc. and American Airlines Inc. filed a joint reply brief I in the U.S. District Court for the District of Columbia on Aug. 28, arguing that the U.S. Department of Justice's (DOJ) motion to set a March trial date for the prosecution of its antitrust lawsuit opposing the merger of the two airlines would cause risk and harm to American Airlines' ability to emerge from Chapter 11 bankruptcy (United States of America v. US Airways Inc., et al., No. 13-01236, D. D.C.).
SAN DIEGO - A hospital system failed to allege that a managed care organization and its related entities conspired with a labor union to exclude competition in the markets for emergency and acute-care hospital services, a federal judge in California ruled July 25 (Prime Healthcare Services, Inc. v. Service Employees International Union, et al., No. 11-2652, S.D. Calif.; 2013 U.S. Dist. LEXIS).
NEW YORK - The private company that owns and operates the tunnel between the City of Detroit and Windsor, Ontario - as well as other toll roads in the United States - filed a prepackaged Chapter 11 bankruptcy on July 25 under which the debtor would emerge from bankruptcy under the ownership of Syncora Holdings Inc. with no outstanding debt (In Re: American Rodes LLC, No. 13-12412, Chapter 11, S.D. N.Y. Bkcy.).
DETROIT - The City of Detroit on July 18 filed for Chapter 9 bankruptcy in the U.S. Bankruptcy Court for the Eastern District of Michigan as its emergency manager declared that the city is insolvent and that, absent restructuring, he projects cash flows of negative $198.5 million in the current fiscal year, with that number likely to jump to negative $260.4 million in fiscal year 2015 (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
ST. LOUIS - The Federal Emergency Management Agency validly withheld disclosure of flood claim information under an exemption to disclosure under the Freedom of Information Act (FOIA), a Missouri federal judge ruled July 15 (Steve Ehlmann v. United States Department Of Homeland Security, No. 4:12 CV 1392 RWS, E.D. Mo., Eastern Div.; 2013 U.S. Dist. LEXIS 98203).
FORT LAUDERDALE, Fla. - The trustee in the Chapter 11 bankruptcy of former law firm Rothstein Rosenfeldt Adler (RRA) on July 7 moved in bankruptcy court to strike down an emergency motion filed by victims of the Ponzi scheme run by former RRA partner Scott Rothstein. The trustee argues that the victims' motion is an attempt to "derail the confirmation process" (In Re: Rothstein Rosenfeldt Adler, No. 09-34791, Chapter 11, S.D. Fla. Bkcy.).
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WASHINGTON, D.C. - U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board proceedings pending a decision on the dispute over "recess" appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. 13A20, U.S. Sup.).
WASHINGTON, D.C. - CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice charges pending a decision on the dispute over "recess" appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. N/A, U.S. Sup.).
BIRMINGHAM, Ala. - Bankrupt Jefferson County, Ala., on June 30 filed is Chapter 9 plan in the U.S. Bankruptcy Court for the Northern District of Alabama in which JPMorgan Chase Bank would agree to reduce its $3.2 billion in claims to $1.9 billion in order for the county to emerge from bankruptcy (In Re: Jefferson County, Ala., No. 11-5736, Chapter 9, N.D. Ala. Bkcy.).
WARREN, Ohio - The 11th District Ohio Court of Appeals on June 24 affirmed a $556,779.15 award in a wrongful death case involving an emergency room patient, concluding that the trial court did not err by allowing expert testimony regarding the applicable standard of trauma care (Ann M. O'Malley v. Forum Health, et al., No. 2012-T-0090, Ohio App., 11th Dist.; 2013 Ohio App. LEXIS 2600).
NEW YORK - The Second Circuit U.S. Court of Appeals on June 5 said the federal government failed to meet the standard to obtain a stay of a lower court order that the Food and Drug Administration immediately make the older, two-pill Plan B emergency contraceptive available without prescription and without age or sales restrictions (Annie Tummino, et al. v. Margaret Hamburg, et al., No. 13-1690, 2nd Cir.).
NEW YORK - The federal government will be forced to make its case for a permanent stay of a court order lifting all restrictions on Plan B emergency contraceptives after a Second Circuit U.S. Court of Appeals judge on May 13 granted only an extension of a trial judge's temporary stay (Annie Tummino, et al. v Margaret Hamburg, et al., No. 13-1690, 2nd Cir.).
SAN JOSE, Calif. - A California appeals court panel held in a May 9 unpublished opinion that a hospital has no duty to inform patients admitted to the emergency room that emergency room physicians do not accept a particular health care plan and to take action to prevent emergency room physicians from "balance billing" (Maria Leon, et al. v. Watsonville Hospital Corp., No. H037288, Calif. App., 6th Dist.; 2013 Cal. App. Unpub. LEXIS 3297).
BROOKLYN, N.Y. - Saying that the U.S. secretary of Health and Human Services is playing politics and that the Food and Drug Administration inked a "sweetheart" deal with Teva Women's Health, a New York federal judge on May 10 granted only a temporary stay of his order for unrestricted sale of the Plan B emergency contraceptives and said the government will have to ask a federal appeals court to issue its own stay because he doubts its likelihood of success (Annie Tummino v. Margaret Hamburg, et al., No. 12-763, E.D. N.Y.).