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Court Allows Testifying Doctors to Rely on Third-Party Records
Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that in a recent decision that is an obvious boon to the New York no-fault insurer, the Appellate Term, Second Department, expressly allowed a peer review doctor to testify based upon review of medical records prepared by third-party providers that were not in evidence, despite the hearsay objections of the plaintiff's counsel.ERISA Won't Pre-empt Tort Suit Against HMO, 3rd Circuit Says
In a closely watched case, the Third Circuit has opened a wide doorway for tort suits against health maintenance organizations, ruling that federal law does not pre-empt the right to sue if policies result in inadequate medical care. On Sept. 16, the court allowed Steve and Michelle Bauman to proceed in New Jersey state court on their claim that their HMO's policy discouraging hospitalization of newborns resulted in the death from meningitis of their 2-day-old daughter.Why Immigration Reform Hit a Dead End
Major issues still need to be addressed before immigration reform can take place. It is not going to evolve from factory raids, vigilantism or xenophobia.Decision summaries from the NLJ
Microsoft wins review of some factual findings � and other recent court decision summaries from The National Law Journal.Landowner May Be Responsible for Accident From Fallen Tree
The Armstrong County Common Pleas Court has held that a landowner may be responsible for an accident when her tree uprooted and fell from her land onto a state highway.A Buyer's Guide to Law Firm Software
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