Court of Appeal Reduces Grossly Excessive Damages by 50%

In the case of Paul Gore (A Minor) v John Walsh and Darren Walsh the Court of Appeal significantly reduced damages and sent the case back to the High Court for the issue of liability to be retried.

The Court of Appeal considered that the sums of €25,000 awarded for pain and suffering to date and €25,000 for pain and suffering into the future were grossly excessive to the point where it constituted an error of law and must be set aside. Judge Irvine considered a scar on the plaintiff’s back to be at the very lowest end of the cosmetic injury spectrum and that the award was not proportionate when viewed in the context of awards commonly made in respect of other categories of personal injuries of a more significant nature. Of particular importance, was the fact that the award was not objectively reasonable in light of the common good and social conditions in the State.

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Proposed Bill Would Amend State and Local Paid Sick Leave Laws

Our colleagues , at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the health care industry: “Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws.”

Following is an excerpt:

On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the hodgepodge of state and local paid sick leave laws. Currently eight states and more than 30 local jurisdictions have passed paid sick leave laws.

The minimum amount of paid leave employers would be required to provide depends on the employer’s size and employee’s tenure. The bill does not address whether an employer’s size is determined by its entire workforce or the number of employees in a given location. …

Read the full post here.

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FTC Extends NPIA Exemption to Hospital’s For-Profit Affiliate

In an Advisory Opinion dated October 20, 2017, to Crouse Health Hospital (“Crouse Hospital”), the Federal Trade Commission (“FTC”) agreed that the Non-Profit Institutions Act (“NPIA”) would protect the sale of discounted drugs from Crouse Hospital to the employees, retirees, and their dependents of an affiliated medical practice (Crouse Medical Practice, PLLC) (“Medical Practice”) from antitrust liability under the Robinson-Patman Act.  Significantly, the FTC provided this advice despite the fact that the Medical Practice is a for-profit entity, and is not owned by Crouse Hospital.

The Robinson-Patman Act is primarily a consumer protection statute that prohibits, among other things, discrimination in the sale of like kind products, including pharmaceuticals, to different buyers.  As a result, and absent some exemption, the resale of discounted drugs purchased by a not-for-profit hospital to its patients would be subject to challenge.

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Lidings Runs Fall International Internship Program for its Lawyers: Sweden 2017

idings starts its annual International Internship Program traditionally organized for the firm’s lawyers during the year and is delighted to announce that Senior Associate in the firm’s Intellectual Property practice Boris Malakhov has enrolled the Fall Program taking place in Sweden. Boris will undergo a four weeks internship in one of the largest international law firms Magnusson.
Having established strong and successful collaboration with prominent law firms from Europe, Asia, America, Africa, and CIS countries allowing us to ensure highest quality of legal support in projects being a subject to other jurisdictions, Lidings on the regular basis organizes special internship programs for its lawyers in the offices of partner firms abroad providing the same opportunity for their lawyers to undergo internship in the firm’s office in Moscow. Each program usually lasts for four weeks and designed for a trainee to work in the office of a hosting firm fully diving into the workflow, allowing to get an insight and understand specifics of the legal advice in the country.
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Benjamin Prud’homme speaking at the Advocates’ Society

November 14, 2017 — On Thursday November 16, in Montréal, the Advocates’ Society will be presenting the Junior Counsel Forum, during which judges and seasoned litigators will be addressing questions that younger lawyers may be afraid to ask. Benjamin Prud’homme is one of the speakers at this programme co-chaired by the Honourable Marie-Josée Hogue, a judge of the Court of Appeal of Quebec, and Mtre Sylvain Lussier, Ad. E.

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Multiple listings for Hall & Wilcox Insurance team in Doyle’s Guide

Congratulations to our Insurance team who has been listed as a Leading Insurance law practice in Doyle’s Guide and to the following partners who have been ranked in their respective areas:

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Support Mid West Simon Community

Good luck to Niamh Gleeson, Legal Secretary, and Donal Creaton, Partner, who are taking part in the Thomond Park Corporate Sleep Out “Rise Together” event on 18th November to raise much needed funds for the Mid West Simon Community.

Donal gave an inspiring talk at this morning’s fundraising prize draw coffee break about homelessness and rising together to help and support those in positions less fortunate than our own.

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William F. Griffin, Jr. to be Featured in Practical Skills Lecture for MCLE

On December 21, Davis Malm shareholder William F. Griffin, Jr., will be featured as part of Massachusetts Continuing Legal Education’s (MCLE) One-Hour Practical Skills Lecture Recording Series. His lecture, “Organizing a Massachusetts Business” will be available on the MCLE website, and will be a valuable tool for junior attorneys entering the field.

Mr. Griffin’s presentation will explore the characteristics of the seven common forms of business organizations, with a focus on LLCs and corporations. He will discuss tax classification of businesses, double taxation of C corporations, and sale of assets and liquidation. Mr. Griffin will also provide a summary of choice of entity factors, including limited liability, tax rates, confidentiality, capital formation, and exit strategies.

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Keep Walking, Keep Well

Donal Creaton, HR Partner,  in the spirit of sharing and inspiring wellness and personal development, takes us through his recent journey in completing part of the Camino to Santiago de Compostela (The Way of St. James).

After a long period of time I finally got the opportunity to complete part of the Camino to Santiago de Compostela (also known as The Way of St. James).

A lull in the courts meant that after a bank holiday weekend, I could see an opportunity to go and do this walk. I needed about five days to do a walk of approximately 120 kilometres.

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Update to proposed Victorian assisted dying legislation

Victoria is now one step closer to legalising assisted dying.

The Victorian State Government has agreed to a number of amendments to its Voluntary Assisted Dying Bill, in order to ensure that the bill passes the Senate.

Under the current bill, adults suffering from a terminal illness who are expected to live less than 12 months would be able to access lethal drugs.

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