Government Involvement in Medical Decisions During Outbreaks with Bryce McColskey and Sandra Cianflone

March 28th, 2023|Categories: ELP, Emerging Litigation & Risk, HB Tort Notes, Podcasts|Tags: , , , , , , , , , , , |

Government Involvement in Medical Decisions During Outbreaks  It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. In their article – Government Involvement in Medical Care Decisions During Outbreaks of Disease: How Far is Too Far? – our guests wrote about the intersection of law and medicine. They reviewed medical mandates, implications brought about by the impact of advances in science and medicine, and where role of government to protect public health intersects (or collides) with personal healthcare choices. They focused is on governmental responses to the pandemic, that is, what the government can mandate in the spirit of public health, and not on the separate issue of abortion, which is a “choice” subject for another day. How much authority do government agencies or even the courts have over a person’s healthcare decisions? People often assume the practice of medicine and the enactment and enforcement of laws are separate and independent enterprises; that they remain fixed in their respective corners. However, they wrote, after a deeper  dive  into  history and precedent, it’s evident that the tension between individual rights and health-related mandates has existed for some time. Listen to my interview with the authors, Bryce McCloskey and  Sandra M. [...]

Government Involvement in Personal Medical Care Decisions During Outbreaks of Disease: How Far Is Too Far? by Bryce McColskey and Sandra M. Cianflone

March 23rd, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , |

The Authors Bryce McColskey (bmccolskey@hallboothsmith.com) is an attorney with Hall Booth Smith, P.C., based in Jacksonville, Florida, where he focuses on medical malpractice and professional liability law. Sandra M. Cianflone (scianflone@hallboothsmith.com) is a partner in the Atlanta office of Hall Booth Smith, where she concentrates on a variety of aspects of healthcare defense and chairs the firm’s Coronavirus Task Force. She is also a member of the Editorial Board of Advisors of the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Government Involvement in Personal Medical Care Decisions During Outbreaks of Disease:  How Far Is Too Far? "Breakthroughs in technologies, our knowledge of diseases and mutations, and advances in treatment options have been remarkable and have drastically reduced fatality rates from disease outbreaks. However, regardless of medical achievements, rapid changes in any field open the door to renewed debates over different laws and individual rights." Abstract: The coronavirus pandemic is the latest health issue to raise the question of government’s involvement (or interference) with an individual’s control over their own healthcare and medical treatment. In this article, the authors, two health care and professional liability [...]

Covid Insurance Coverage Decisions with Guest Marshall Gilinsky. Are Policyholders Catching Up?

September 22nd, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , |

According to the online Covid Coverage Litigation Tracker (CCLT) run by Penn Law there have been more than 2,300 insurance coverage cases filed over denial of claims relating to Covid-19. Restaurants and bars were hardest hit by the pandemic and so led the way in seeking – and being denied – coverage, too. They are also leading the way in suing their insurers. The top five insurers in the defense position are Chubb Limited at #5, then #4 Lloyds of London, #3 Cincinnati Financial, and #2 Zurich.  And in the #1 position facing the most coverage suits is Hartford.  The insurance industry started off strong when this litigation began, winning the vast majority of the coverage suits. And they continue to do well, scoring with the argument that many of the claims do not involve actual property damage. Government closures don’t cause property damage, they argue. Courts have largely been siding with the carriers – but not all. Policyholders, a tenacious bunch, appear to be chipping away at the body of law in this suddenly expanding category. A recent case involving a New Orleans restaurant against Lloyd’s was penciled into the win column for carriers by a trial court , but an appeals court erased it and wrote the policyholder a narrow 3-2 victory. The appeals court said the language [...]

Virtual Hearings: Changing Perceptions of Executive Testimony?

August 12th, 2021|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , |

Virtual Hearings: Changing Perceptions of Executive Testimony? Abstract Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives. Authors Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office. Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, P.C., whose practice focuses on securities defense litigation, arbitration, and regulatory investigations. She has specialized experience in litigation concerning arbitrability and enforcement of arbitration awards. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com. [...]

Cryptocurrency with Stephen Palley

July 22nd, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Cryptocurrency with Stephen Palley Joining me to discuss this paradigm-shattering model is Anderson Kill Partner Stephen D. Palley, a seasoned trial lawyer and litigator with extensive experience in complex commercial disputes like insurance recovery, securities litigation, and corporate governance.  Stephen has significant hands-on software development and design experience. Based in the firm’s D.C. office, he is co-chair of its cross-disciplinary blockchain and virtual currency group. At several points during our conversation I referred to an article co-written by Stephen and his New York colleague Joshua Gold, titled Protecting Cryptocurrency Assets. Stephen earned his J.D. from Washington University, his M.A. from the University of Delaware, and his B.A. (cum laude) from Tufts University (Go Jumbos!). This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Stephen is, please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, especially when Leo, my cat, knocked over my microphone and when Stephen educated me on the existence of the Weird Beard Festival and other whisker-based celebrations. --Tom Hagy Cryptocurrency assets now exceed $1.5 trillion globally. What a great [...]

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella

July 8th, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|Tags: , , |

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place.  It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise.  Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited.  For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field.  Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was  principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports  corporations in managing  risk and law firms in assessing liabilities. The company also supports law firms in  class action and mass tort litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law [...]

The Age of Social Disparagement with Charlie Kingdollar

July 7th, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

The Age of Social Disparagement with Charlie Kingdollar It was my pleasure to interview Charlie Kingdollar for our first episode of the Emerging Litigation Podcast. Charlie spent more than four decades with General Reinsurance, three-quarters of which as the company’s Emerging Issues Officer. One colleague described him as “one of the most prescient and gifted industry futurists I have met in my 36 year professional career within the insurance industry. Entertaining and insightful, his ability to digest and communicate complex issues, many before they are readily apparent, is both a gift and a talent.” This interview is based on his article on social disparagement coming out in the inaugural issue of the Journal on Emerging Issues in Litigation in January 2021.  The Journal is a collaborative project between HB and Fastcase. If you have comments or wish to participate in one our projects, or want to tell me how awesome Charlie is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. Are the risks posed by social media — which has added jet fuel to one person’s ability to smear another — adequately addressed by the insurance market?

Offshore Wind Power Initiatives with Jack Smith

July 7th, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Offshore Wind Power Initiatives with Jack Smith Joining me to discuss this important subject is Jack Smith, a partner with Nelson Mullins in Charleston, South Carolina. Jack's practice includes hazardous waste site management and remediation, contaminated property liability negotiation, litigation, redevelopment and related regulatory counseling. He has also worked for several state and federal government environmental agencies. Jack earned his JD from the University of South Carolina School of Law and a BS in Psychology, also from the University of South Carolina. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Jack is, please drop me a note at Editor@LitigationConferences.com. This interview is based in part on an article Jack is writing for the Journal. I hope you enjoy the interview, and especially my solution for preventing birds from flying into windmills. I'm going to be rich. --Tom Hagy President Biden  has called for the doubling of offshore wind energy capacity by 2030. To say the process for getting such projects up and running is complex is an understatement. There will be plenty of obstacles to the administration's lofty [...]

Labor Law in 2021 with Kathryn Hatfield

July 6th, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Labor Law in 2021 with Kathryn Hatfield Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to economist Heidi Shierholz decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the pandemic has shone a bright light on the fragility of our nation's workforce struggling to survive at the bottom rungs of the pay scale. Joining me to speak about these issues is Kathryn Van Deusen Hatfield, a senior managing partner at Hatfield Schwartz Law Group in New Jersey.  Kathy represents private and public sector employers in all aspects of labor and employment law, with expertise in litigating state and federal cases on behalf of employers involving Title VII, the ADA, the ADEA and the New Jersey Law Against Discrimination, and providing legal opinions and advice on personnel, employment and labor issues.  Kathy shares her insights on recent developments in the labor movement, some of the causes of its decline, how unions get a bad rap, and how, even though she represents management, she believes unions can be a good thing [...]

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice

June 22nd, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice To discuss these issues, it was my pleasure to interview F. Paul Bland, Jr., Executive Director of Public Justice, an organization that pursues "high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses." Paul has argued and won more than 40 cases that led to reported decisions for consumers, employees or whistleblowers, including one victory in the U.S. Supreme Court, and has won one or more cases in six of the U.S. Courts of Appeals and the high courts of 10 different states. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Paul is, please drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview, and how I slipped in mention of Schrödinger's cat which, as everyone knows (that's sarcasm and self-deprecation), is a thought experiment that illustrates an apparent paradox of quantum superposition. Class actions can be an invaluable tool when consumers need to level the playing field in disputes with [...]

Sandra Cianflone on Current and Emerging COVID-19 Litigation

June 3rd, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , , |

Sandra Cianflone on COVID-19 Litigation in 2021 and Beyond It’s now been more than 18 months since the world was besieged by the novel coronavirus pandemic. In addition to the human toll, it disrupted our lives in ways big and small, new and old, as it raced across continents, first visiting North America in January 2020. There are an estimated 15,000 lawsuits relating to the outbreak, with some 350 filings directed toward the healthcare and medical communities. The number of insurance coverage suits is fast-approaching 1,800. Litigation has been initiated against aging services, hospitals, and healthcare providers, with the next anticipated wave likely to  surround vaccines themselves. What will be the basis of these claims? What defenses will we see? And what can healthcare providers do now in anticipation of this onslaught? Joining me to discuss this out-of-the-blue rash of litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.  Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most [...]

Employment Law in the COVID-19 Era with Stefani Schwartz

January 22nd, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Employment Law in the COVID-19 Era with Stefani Schwartz Joining me to discuss this important subject is Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal career to representing employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination matters. Stefani will be featured in the next issue of the Journal on Emerging Issues in Litigation, a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Stefani is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview, and a guest appearance by Benny, her Portuguese Water Dog, you know, because she's working from home. Stefani also shares one retail customer's quick fix for forgetting her face mask. More of us are working from home and, given it often has advantages, it's an arrangement that is likely to continue for many of us.  This raised the general question: Is your home officially "the office," with all the attendant rules and norms? What new risks do employers face? What new ways can employees find themselves in trouble? We're also getting vaccinated. But many are not. Can companies [...]

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