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Court: Apology expressing fault can't be used in lawsuits
Lawyer News |
2017/09/12 22:49
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The Ohio Supreme Court has ruled that an apology by a medical provider that includes an admission of liability can't be used in a later lawsuit against the provider.
At issue in the court's Tuesday decision was the state's "apology law," which already bars using apologies in lawsuits.
The new question before the court was whether an apology that includes an expression of fault can also be kept out of lawsuits.
Justice Sharon Kennedy wrote that under Ohio law the apology may include an acknowledgment that a patient's medical care fell below standards of care without it later being used as evidence.
The court looked at the case of a woman in Brown County in southern Ohio who died after trying to kill herself in a hospital. |
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Otter appoints new justice to Idaho Supreme Court
Lawyer News |
2017/08/27 00:12
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Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.
Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.
Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.
Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.
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South Korean court sentences Samsung heir to 5 years prison
Lawyer News |
2017/08/25 00:11
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A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.
The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.
A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.
The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.
“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.
The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.
Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.
But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.
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Maryland removes Dred Scott ruling author's statue
Lawyer News |
2017/08/17 08:42
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A statue of the U.S. Supreme Court justice who wrote the 1857 Dred Scott decision that upheld slavery and denied citizenship to African Americans was removed from the grounds of the Maryland State House early Friday.
The statue of Roger B. Taney was lifted away by a crane at about 2 a.m. It was lowered into a truck and driven away to storage.
The bronze statue was erected in 1872, just outside the original front door of the State House.
Three of the four voting members of the State House Trust voted by email Wednesday to move the statue. House Speaker Michael Busch, a Democrat who was one of the three who voted to remove it, wrote this week that the statue "doesn't belong" on the grounds.
His comments came after the violent protests in Charlottesville, Virginia, last weekend, with clashes between white nationalists and counter-protesters. A woman was killed when a car plowed into a crowd of people who were there to condemn the white nationalists, who had rallied against Charlottesville officials' decision to remove a monument to Confederate Gen. Robert E. Lee.
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