News

Medical Malpractice in Cosmetic Surgery

By EsqSocial Corporation 16/12/13

Having cosmetic surgery is often an emotional decision and a major financial investment. Patients may contemplate surgery for years and endeavor to improve their self-esteem by having a procedure....

Citizens Are Not Harmed By the Concept of Pollution Trading: A Challenge to the Chesapeake Bay TMDL Is Dismissed

By EsqSocial Corporation 16/12/13

On December 13, the District Court for the District of Columbia dismissed plaintiffs’ challenge in Food and Water Watch v. EPA to the Chesapeake Bay TMDL’s discussion of pollution trading and offsets. As I had previously noted, the TMDL itself...

Tips for the Plaintiff in a Personal Injury Lawsuit Deposition

By EsqSocial Corporation 16/12/13

A deposition is a legal process that allows each party to obtain information pertaining to a lawsuit before the start of trial. Oftentimes, the information brought to light during the deposition process results in a favorable settlement offer. There...

Practical Suggestions For Law Firm Compliance With HIPAA

By EsqSocial Corporation 16/12/13

Under the Health Insurance Privacy and Accountability Act of 1996 (“HIPAA”), health plans, health care clearinghouses, and most health care providers (collectively, “Covered Entities”) must protect the privacy and security of patient data (“PHI”)....

Back to the Future with Lloyd Cutler

By EsqSocial Corporation 16/12/13

One of the best lawyers I know was packing and unpacking some boxes recently and re-found an article she had read a number of years ago. The Role of the Private Law Firm was written by Lloyd Cutler – a founder of the indigenous Washington law firm...

Sixth Circuit Holds Servicers Exempt From TILA Liability

By EsqSocial Corporation 16/12/13

On November 26, the U.S. Court of Appeals for the Sixth Circuit held that mortgage servicers are exempted from TILA liability, despite recent amendments to the statute. Marais v. Chase Home Fin. LLC, No. 12-4248, 2013 WL 6170977 (6th Cir. Nov. 26,...

Prove that You Are DIFFERIN Enough!

By EsqSocial Corporation 16/12/13

In the recent case of Galderma Labs v. Tolmar Inc., the Federal Circuit announced an important new rule for evaluating obviousness of selection inventions. The court also gave important guidance as to what constitutes “unexpected results” and...

Murder: The Most Serious of All Charges

By EsqSocial Corporation 16/12/13

Celeste Fronsman's life came to a brutal end. She was found along the side of a road in Muskingum County, Ohio, begging for help and badly beaten, with burns over 70 percent of her body from being set on fire. She died two days later. Canton drug...

Courts Disagree over Jury Trial Right in ERISA Fiduciary Cases

By EsqSocial Corporation 16/12/13

Federal district courts in Missouri and Vermont have come to opposite conclusions regarding a right to jury trial with respect to fiduciary breach claims brought under ERISA section 502(a)(2). Applying the Supreme Court’s two-pronged analysis as to...

Fatigue, Distress, And Second Thoughts Not Enough To Void A Mediated Settlement Agreement [Florida]

By EsqSocial Corporation 16/12/13

Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the evening or wee hours of...

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