Tag Archives: Statute

Court Rules the New York Continuous Treatment Doctrine Does Not Toll the Statute of Limitations for the Failure to Diagnose

Medical malpractice cases, like any civil lawsuit, must be pursued within the time frame established by the statute of limitations. While the courts strictly construe the statute of limitations for pursuing a medical malpractice claim in New York, there are … Continue reading

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Three Circuit Split on Interpretation of the False Claim Act’s Statute of Limitations to be Decided by Supreme Court

The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War.  The FCA has gone through many iterations since its enactment.  Relevant here, the FCA allows a private plaintiff, … Continue reading

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Iowa Supreme Court Narrows Application of Mechanic's Lien Statute

The Iowa Supreme Court recently addressed the question of whether a mechanic’s lien arising from the provision of materials and labor to a tenant can attach to the real property of the landlord where the landlord and the tenant are … Continue reading

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Courts Aren’t So Sure Virginia Has an Anti-SLAPP Statute

When California congressman Devin Nunes, a public figure, decided to file a pair of defamation lawsuits against Twitter (based in California), The McClatchy Company (based in California), and others, why do you suppose he selected Virginia as his forum of … Continue reading

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New York Court Rules Dead Man’s Statute Does Not Preclude Evidence of Written Consent in a Medical Malpractice Case

Prior to surgery, the physician performing the surgery will typically obtain the patient’s informed consent. The process of obtaining informed consent involves advising the patient of any potential risks to the surgery and asking if the patient understands the risks … Continue reading

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