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Defending Hospitals Against Vicarious Liability Claims
In their Medical Malpractice Defense column, John L.A. Lyddane is a senior partner at Martin Clearwater & Bell, Barbara D. Goldberg, a partner at the firm, write that there are many situations where a hospital can successfully defend against a claim of vicarious liability for a non-employee physician, and that measures clarifying the status of treating physicians may even be taken prospectively in an attempt to limit vicarious exposure.Cite as: Arsenault v. NYS, 2011-018-220, NYLJ 1202498906496, at *1 (Ct. of Clms, Decided June 3, 2011)Judge Diane L. FitzpatrickDecided:
Court Upholds Local Ordinances Banning Fracking
In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that the Third Department found that New York's Oil, Gas and Solution Mining Law did not preempt a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.Prisoner's Bid for Parole Wins Support From Unlikely Allies
Despite the support of former Assistant District Attorney John Piasecki and current Franklin County District Attorney Derek Champagne over the past decade, and several academic, rehabilitative and training accomplishments since he was incarcerated, Noah Lazore continues to be denied parole.Trending Stories
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