Owner’s Liability for Construction Site Accident in Manhattan Not Defeated by Diplomatic Immunity

In USAA Casualty Insurance Co., as Subrogee v. Permanent Mission Of The Republic Of Namibia, — F.3d —, 2012 WL 1889409 (May 25, 2012), the Permanent Mission of the Republic of Namibia to the United Nations was sued for the $397,730.00 worth of damage to an adjoining property from a construction site accident caused by its alleged failure to comply with Section 3309.8 of the New York City Building Code (“the Building Code”). The Mission claimed that it was immune from suit under the Foreign Sovereign Immunities Act (“FSIA”). The Second Circuit for the U.S. Court of Appeals not … Read the rest

Medical Malpractice Victim Doesn’t Lose All of Her Medical Privacy Rights

Not so long ago the law seemed clear that people suing for personal injuries arising from medical malpractice or other accidents did not give up their privacy rights concerning their entire medical history but only as to those medical conditions and treatment that was related to the injuries claimed in the lawsuit. But lately defendants’ attorneys have been demanding authorizations for our clients’ entire medical history, whether or not related to the injuries claimed, based upon their argument that the impact the injuries have on a victim’s life (their loss of enjoyment of life) can only be properly evaluated by … Read the rest

Subpoena for Hospital Records for Investigation of Death of Prison Inmate Held Enforceable Notwithstanding Privacy Laws

In the matter of New York City Health and Hospitals Corporation vs. New York State Commission Of Correction, — N.E.2d —-, 2012 N.Y. Slip Op. 03571 (May 8, 2012), the Court of Appeals was called upon to decide the enforceability of a subpoena duces tecum issued by the Medical Review Board of the New York State Commission (“Commission”) to Elmhurst Hospital, operated by the New York City Health and Hospitals Corporation (“HHC”) for hospital records of an inmate, Carlos Frazier, who, while in custody of New York City, died subsequent to transfers from the City facility where he was … Read the rest

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