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SC county seeks to keep emergency medical services
GAFFNEY (AP) A South Carolina county is asking a court to order a hospital to continue emergency medical services that the hospital wants to end. Cherokee County has filed a motion for preliminary injunction to stop Mary Black Health System Gaffney from discontinuing EMS services on March 1. The motion was filed Friday in the […]
Labor & Employment – Hospitals Must Bargain with Nurses’ Union
NLRB v. Bluefield Hospital Co. (Lawyers Weekly No. 001-087-16, 27 pp.) (Agee, J.) No. 15-1203, May 6, 2016; On Application for Enforcement; 4th Cir. Holding: The 4th Circuit grants enforcement of a National Labor Relations Board order requiring two West Virginia hospitals to bargain with the duly elected representatives of the National Nurses Organizing Committee […]
Taxation – Sales Tax – Hospital – Orthopaedic Prosthetic Devices
CareAlliance Health Services v. South Carolina Department of Revenue (Lawyers Weekly No. 010-032-16, 8 pp.) (Kaye Hearn, J.) Appealed from the Administrative Law Court (Shirley Robinson, ALJ) S.C. S. Ct. Holding: When a vendor sells an orthopaedic prosthetic device directly to a hospital for use in rendering medical services to its patients, no prescription is […]
SC Supreme Court allows 2 new hospitals in Berkeley County
COLUMBIA, S.C. (AP) — The South Carolina Supreme Court says two new hospitals can be built in Berkeley County. The court late last week turned down an attempt by Trident Health to block plans by Roper St. Francis to build a 50-bed hospital in Berkeley County. Trident already had plans to build a 50-bed hospital […]
Hospital’s effort to block suit fails
In its tort reform act of 2005, the South Carolina legislature created new procedural hurdles for patients to clear before they could file suit for medical malpractice. On May 7, the South Carolina Supreme Court declined an opportunity to erect an additional one. After Willie James Fee died in the care of Piedmont Medical Center in 2009, his estate brought a medical malpractice claim against th[...]
Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital
U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.
Peer-review privilege keeps file locked
A confidential file on a patient who was injured while trying to escape a Beaufort hospital in 1999 wasn't discoverable, even though it held evidence that the hospital knew the patient was a danger to himself. So said the S.C. Court of Appeals in a ruling that centered on the patient's battle to unlock a statutory peer-review privilege that rendered the file confidential. The patient, Danny R. Pri[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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