� 149 3314.011 Community school fiscal officer education requirements. Your child's dental health is important to us. We offer same-day appointments for patients in pain What is medical malpractice in D.C. or Maryland? You might have heard the term, but do you really know what it includes? Juvenile Divisions generally handle cases involving juvenile delinquency, child abuse and neglect, and children in need of supervision. This book is intended to provide reporters who cover court proceedings with a basic knowledge of the organization of California's courts and of the procedures they follow. It contains: material about court organization and jurisdiction, pretrial civil procedure, pretrial criminal procedure, and civil and criminal trial procedure; a legal Miller County AR. At the outset of the surgery, the teen was administered a standard dose of anesthesia. This dose was not sufficient to perform the surgery and an additional dose was administered. Shortly afterwards, the teen's heart rate began to slow. Legal Malpractice Lawyer West New York, NJ (866) 629-9056 New Jersey Most lawyers are rel. caused; a powerful story from a Mother who lost her baby to routine (a) Except as provided by Subsections (b) and (c), in a suit involving a health care liability claim against a physician or health care provider, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed only if the person is a physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence. (b) In a suit involving a health care liability claim against a dentist, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed if the person is a dentist or physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence. (c) In a suit involving a health care liability claim against a podiatrist, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed if the person is a podiatrist or physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence.
"Atlanta Georgia Wrongful Death Lawyer, Atlanta Georgia Medical Malpractice Lawyer. Atlanta Georgia Foreclosure Defense Lawyer, Atlanta Georgia" Anticoagulants or Antiplatelets Stroke Dental Malpractice Courthouse Connection Newsletter of the U.S. Courts, Western Missouri Volume 3, Issue 2 June 2011 Featured Article Inside This Edition Save the Date Annual Attorney Education Events Annual Attorney Education Events July 28�Pretrial Orientation � 11th Annual D. Brook Bartlett Lectures � 4th Annual Frank W. Koger Symposium August�Inn of Court 2011- 2012 Program Year Jefferson City Courthouse Opens in August Registration U.S. Marshal Retires August 1�Roser 2011-2012 Inn of Court Program Bankruptcy Award Nominations Due Criminal Law Update: Pretrial Orientation Offered Federal Law Clerk Society Update August 22�New Jefferson City Courthouse Opens FCAS Summer Social District Court Highlights September 1�Inn of Court � Online CM/ECF Training Available Program Begins � Electronic Filing Transitions to PDF/A September 8�Jeff City Bar � CM/ECF Tips to File By Reception at New Courthouse Bankruptcy Court Highlights � Roser Excellence in Bankruptcy Award October 5�Bench & Bar Dean Erwin Chemerinsky at the Bartlett Lectures � General Order Amending Local Rule 1017-1 Dialogue � Case Filing Totals October 21�2nd Annual � CM/ECF Upgrade Coming Soon CJA Seminar at Jefferson � Date Changes for Jefferson City July Docket City Courthouse � 31st Annual Midwestern Bankruptcy Institute & Consumer Forum November 14-18�8th Circuit Sits in Kansas City At the Circuit Level � 8th Circuit Sits in KC � Senior Judge Gibson Retires Archives Court News and Notes March 2011 � New Divisional Manager in Jefferson City December 2010 � Attorney Admissions Clerk Change September 2010 Judges Venters, Federman and � Announcing Judges' Pages June 2010 Chief Bankruptcy Judge Dow at the Koger Symposium March 2010 � Jefferson City Hosts Naturalization Ceremony December 2009 � 38th Annual Bench-Bar Review Eleventh Annual D. Brook Bartlett September 2009 � Take Your Child to Work Day June 2009 Lectures March 2009 All archived volumes This year's attendees enjoyed Supreme Court case analysis not only from Erwin Chemerinsky, dean of the University of California, Irvine School of Law, but also from Ken Starr, president of Baylor University and former federal judge and solicitor general. Hosted annually by the Western District in honor of the late D. Brook Bartlett, the event was held at the Midland Theater, which accommodated more than 500 attorneys drawn by the speakers and the traditional barbecue lunch. Full Story Page 2 Annual Attorney Education Events Eleventh Annual D. Brook Bartlett Lectures This year's Bartlett Lecture attendees enjoyed Supreme Court case analysis not only from Erwin Chemerinsky, dean of the University of California, Irvine School of Law, but also from Ken Starr, president of Baylor University and former federal judge and solicitor general. Hosted annually by the Western District in honor of the late D. Brook Bartlett, the event was held at the Midland Theater, which accommodated more than 500 attorneys drawn by the speakers and the traditional barbecue lunch. Dean Chemerinsky began with some continuing trends and historic firsts. He reiterated that the Supreme Court's caseload each term continues to hover in the low 70s, compared to an average of 200 cases being decided each term throughout most of the 20th century. He noted that U.S. Chief District Judge Fernando J. Gaitan Justice Anthony Kennedy remains in the majority on the highest and Judge Kenneth Starr percentage of 5-4 decisions. And due to the ages of the justices, President Barack Obama will be unlikely to change the ideological makeup of the court in this or a potential second term. Chemerinsky also highlighted three historic milestones-for the first time, the Supreme Court included three women, no Protestants and four justices hailing from academia. Ken Starr echoed the concerns about the diminishing Supreme Court docket, and he observed a trend by the court to allow conflicts among the circuits to percolate or fester much longer. He also emphasized the Supreme Court's remarkable willingness to defer to administrative agencies in recent cases. The speakers reviewed freedom of speech cases, including Snyder v. Phelps, involving the Westboro Baptist Church in Topeka. The church stipulated to commission of the tort of intentional infliction of emotional distress in relation to their behavior and the parent of a service member attending his child's funeral. However, Chemerinsky reminded the audience of the abundant case law prohibiting the government from punishing speech simply because it is deeply offensive. The Supreme Court was ultimately unwilling to carve out a small, categorical exception to First Amendment doctrine despite the heart-wrenching facts. While Chemerinsky remains unconvinced that the Roberts court is pro-free speech, Starr argued that the current court has a robust regard for First Amendment protections, with student and government employee speech as the exceptions. Richard Fink, Sherri Wattenbarger and Dean Chemerinksy Both speakers identified the recent class-action cases AT&T Mobility v. Concepcion and Wal-Mart Stores, Inc. v. Duke as two of the most important decisions of the term, agreeing that those decisions raised the bar for commonality and substantially restricted class-action cases. Chemerinsky drew the biggest laugh of the morning when explaining the AT&T case, which involved a typical consumer cellphone contract containing an arbitration clause. The Supreme Court ultimately found a class ban embedded in the arbitration clause to be enforceable. Chemerinsky then described his own encounter with such contracts of adhesion when purchasing a new Dell computer. The new computer required him to click his agreement to a standard contract that contained an arbitration clause. Unwilling to click it, he sent Dell a letter declining to agree to their arbitration clause and declaring that by opening his letter, they were agreeing that he could sue them. Overall, the presenters offered real-time insight on Supreme Court decisions and trends as well as proof that differences can be debated Courthouse Connection, June 2011 Page 2 collegially and with humor. Their Supreme Court case summaries may be found at Following the Supreme Court review, Burnele V. Powell, professor at University of South Carolina School of Law and former dean at UMKC Law, spoke about the ethics of Protecting Lawyer Confidences in the Internet Age. Professor Powell described the ease of inadvertently disclosing metadata when sharing electronic documents. He traced the evolution of ethical obligations from the release of unintended hard copies to the current dilemma of releasing electronic documents that can be probed for hidden data. The court was delighted to present these three distinguished speakers and Professor Burnele Powell and wishes to thank the members of the bar for their continued support of U.S. District Judge Gary A. Fenner programming that honors the memory of Judge Bartlett. Fourth Annual Frank W. Koger Bankruptcy Symposium Each year, the Western District of Missouri bankruptcy judges search for speakers to both educate and entertain at the Koger Symposium, and this year's presenters definitely fit the bill. Professor Laurie L. Levenson of Loyola Law School and Bankruptcy Judge Eugene R. Wedoff of the Northern District of Illinois spoke to a capacity crowd at the fourth annual symposium on May 13. Professor Levenson described The 10 Trickiest Ethical Issues of Our Time, and she presented ethics dilemmas ranging from whether you should friend a judge on Facebook to your obligation if a law partner has a substance-abuse problem. Hailing from Los Angeles, the professor provided good advice for lawyers on giving expert commentary Judges Venters, Federman and to the press. Because of a lack of ethics code direction in this area, Chief Bankruptcy Judge Dow Levenson suggested that lawyers consider the following before commentating: (1) Are you competent and knowledgeable to speak about the particular case? (2) Do you have any conflicts of interest, such as your own ongoing disagreements with the judge on the case? And (3) Why are you doing this? Are your motives for sharing your expertise pure? Levenson cautioned potential commentators against making predictions or using the opportunity as their own personal soapbox. Levenson also addressed advertising issues where lawyers must distinguish between responding to a potential client that has reached out to them versus an improper solicitation. She reminded the audience of how tweeting, texting and emailing must be evaluated under the same ethics rules we use when sending out hard copy materials. For Missouri lawyers, she advised strict compliance with Rules of Professional Conduct 4-7.2 and 4-7.3. As the ethics rules are slow to catch up with the Internet and social networking, one of Levenson's overriding themes was for lawyers to exercise good judgment even if an action is not expressly prohibited-just because we can do something doesn't make it the best choice, she offered. John Trader and Kathy Sullivan attend the symposium. Following the ethics discussion, Judge Gene Wedoff spoke on means testing in the aftermath of the Supreme Court rulings in Lanning and Ransom. Judge Wedoff gave a comprehensive review of the means test as a presumption of abuse under Chapter 7, including exemptions, calculating current monthly income (CMI) and deductions. He highlighted the problem of non-filing spouse income under the definition of CMI, and the statutory language that allows a deduction for health insurance even if the debtor is uninsured and incurs no actual expense. In exploring the many mysteries of BAPCPA, Judge Wedoff also discussed the disconnect between the IRS standards and actual living expenses. Courthouse Connection, June 2011 Page 3 As chair of the Advisory Committee on Bankruptcy Rules, Judge Wedoff provided attendees with drafts of the new means test forms proposed by his committee in light of the Lanning decision. Final versions of the forms would not be expected to go into effect until December 2012, but practitioners in the Western District can now preview the recommendations. To conclude the symposium, the guest speakers joined Judges Dow, Federman and Venters as well as Assistant U.S. Trustee Dan Casamatta and attorney Dana Estes of the Chapter 13 Trustee's Office for a panel discussion. Casamatta shared what his office looks for to ensure that CMI and taxes are stated correctly, and Estes reminded practitioners that her office still needs tax returns to be filed timely. The judges reviewed the 8th Circuit's totality of the circumstances test for hardship discharges on student loans and discussed persuasive fact patterns. Practitioners quizzed the panelists on other topics until the smell of the barbecue in the adjacent room signaled that it was time for lunch. For those unable to attend, symposium video casts as well as an informal transcript of the Q&A session can be found on the court's website or via the following link: Jefferson City Courthouse Opens in August After a frustratingly wet fall and spring, site work and landscaping are in full swing at the new Jefferson City courthouse. Accolade elms surround a big burr oak and the circle walk in front of the building, and the visitor's parking lot off of State Street is currently being installed. Inside, the woodwork in the courtrooms is almost complete, and the installation of the courtroom technology wiring is under way. With 117,000 square feet of space, the new courthouse is scheduled to be completed on July 17, 2011. Furniture will begin arriving the same week, and the Clerk's Office will embark on preparation for the move. Please be patient during the week of August 15 as the transition to the new building commences. If you need to reach Clerk's Office staff, please continue to call the main line at (573) 636-4015, and if you need to physically travel to the Clerk's Office, please use the 131 West High Street address. The new courthouse address is 80 Lafayette Street, Jefferson City, Mo. 65101. The new courthouse will be open for business beginning August 22, 2011, and that very day, U.S. District Judge Nanette Laughrey will begin the first trial to be held in the new building. A bar reception will be held in the new building on September 8, 2011. Detailed information regarding this event will be mailed out to attorneys in August. If you wish to schedule a tour of the new building, please wait until mid-September. A dedication ceremony, sponsored by the U.S. General Services Administration, will be held later in the year. We look forward to sharing the new building with our customers. U.S. Marshal Retires It's not often a retirement celebration is held honoring a law enforcement official who has protected every president from Ford to Bush. This was, in fact, the case in May, when U.S. Marshal C. Mauri Sheer was recognized for his service. In 1987, during his Secret Service career, Sheer transferred from Washington, D.C., to the Kansas City area to serve as the assistant special agent in charge of the four-state, five-office regional division. After being appointed as the U.S. Marshal for the Western District of Missouri by President George W. Bush in August 2001, Sheer was confirmed by the Senate on May 3, 2002. He left the Secret Service and C. Mauri Sheer and his wife attend his retirement started his new role as the U.S. Marshal on May 6, 2002. celebration. Courthouse Connection, June 2011 Page 4 With his collective 28 years in federal law enforcement prior to his U.S. Marshal appointment, the move from one federal law enforcement agency to another made for an easy transition. Sheer shared his vision for the U.S. Marshals Service: Even though we're under the Department of Justice, the U.S. Marshal is to serve all entities of the court equally to make sure that the justice process goes as smoothly as possible. That includes carrying out the orders of the courts, bringing the defendants into the courts, and ensuring it's done orderly and safely. And serving the defense bar by vetting out any problems they have with the defendants in a custodial situation. In the Western District of Missouri, an average of 600 defendants are in custody and awaiting trial, hearing or sentencing-defendants being held prior to acquittal or prior to being sent to the Bureau of Prisons. Sheer is looking forward to developing a consulting business in corporate protection, offering services to help prevent threats and workplace violence, providing high-profile brand protection, and teaching security to neutralize these situations before they happen. On behalf of the court en banc, Judge Gary A. Fenner presented a gift to the marshal thanking him for his years of service to the Western District of Judge Fenner presents a gift to the marshal. Missouri. 2011-2012 Inn of Court Program The U.S. District Court for the Western District of Missouri has long partnered with the Kansas City Metropolitan Bar Association in its efforts to develop the trial skills of young attorneys through the Ross T. Roberts Inn of Court Program. The Ross T. Roberts Inn of Court Program exposes young attorneys to CLE luncheons geared toward the practical skills needed to become a successful litigator, and it offers opportunities for one-on-one instruction and critique from state and federal judges as well as experienced attorneys in the legal community. There are three components to the Ross T. Roberts Inn of Court Program: (1) a CLE luncheon series; (2) preparatory sessions led by Chief U.S. Magistrate Judge Robert E. Larsen, in which young attorneys enrolled in the program are instructed on a specific aspect of trial; and (3) performance sessions, where young attorneys practice the aspect of trial on which they have been instructed. During the performance sessions, the young attorneys receive feedback on their respective performances from judges and experienced litigators. They are also provided the opportunity to assess their own delivery based on a video recording of their performance. Individuals interested in participating in the 2011-2012 Ross T. Roberts Inn of Court Program should contact the Kansas City Metropolitan Bar Association at (816) 474-4322. Criminal Law Update: Pretrial Orientation Offered Alone we can do so little; together we can do so much. - Helen Keller Date: July 28, 2011, 3 - 5 p.m. Location: Charles Evans Whittaker Courthouse, 4th floor Collaboration does make a difference, and a dedicated team is doing just that with the Pretrial Orientation Program. This program is a joint effort led by probation officers in the Districts of Western Missouri and Kansas, and the Bureau of Prisons. The goal of the program is to provide information to help defendants and their family members reduce the fear, stress and anxiety associated with the criminal justice process and BOP. Defendants typically have a lot of questions about the pretrial process and issues related to a prison sentence. By bringing them together for one presentation and providing written material, it helps the Probation and Pretrial Services Office be more efficient and allows for the sharing of more information from a variety of sources. The program is only for those defendants who have been convicted and are either pending sentencing or voluntary surrender. It is our hope that the presentation and written material will ultimately allow defendants to receive the maximum benefit from their incarceration, and will lead to their successful reintegration into the community following their sentences. Courthouse Connection, June 2011 Page 5 The first session was held in April 2010, and subsequent classes are being held quarterly, with the site alternating between federal courthouses in Kansas City, Mo., and Kansas City, Kan. Individuals from other divisional courthouses in both districts are able to participate through video-conferencing technology. The program addresses a variety of topics that includes: the sentencing process, self-surrender, the Bureau of Prisons and family issues. The agenda includes presentations by a U.S. Probation and Pretrial Services Officer, staff members from the BOP, and an ex-offender talking about his/her experience in BOP custody and on supervised release. A Pretrial Orientation Program handbook is given to each participant and is available on the District of Kansas Probation website and also on the court's public Internet site. In addition to the handbook, depending on what state the defendant lives in, participants are also provided Kansas Social and Rehabilitation Services or Missouri Department of Family Services information that may assist defendants and family members with personal and family issues while they are incarcerated. Feedback and reviews have been extremely positive. Defendants and their family members have benefited in tangible ways through their participation. Agencies and team members are thankful for the opportunity to collaborate on this worthwhile program. Together, we are doing so much. For more information about the program, contact Sr. USPO Melissa Goldsmith at (913) 735-2422 or ADCUSPO Trey Burton at (785) 338-5611. Federal Law Clerk Society Update The Federal Law Clerk Society held its spring luncheon on June 3. Approximately 75 members plus several of our distinguished judges gathered to dine on delicious Oklahoma Joe's barbecue and hear our featured speaker, Dan Crabtree. Dan is a partner at Stinson Morrison Hecker, who also serves as general counsel for the Kansas City Royals. He entertained and educated us with his reflections on baseball, strikes and the Mitchell Commission, which investigated the use of performance-enhancing drugs. The FLCS committee will announce its fall event in the coming weeks. Watch for details. FCAS Summer Social Held Along with the court, the Federal Courts Advocates Section of the Kansas City Metropolitan Bar Association hosted the Federal Practitioners Summer Social the evening before the D. Brook Bartlett Lectures. The event was at the headquarters of the KCMBA and provided the attendees an opportunity to visit with their fellow practitioners as well as judges from the Western District of Missouri. The food was delicious and the weather was perfect. District Court Highlights Online CM/ECF Training Available It's after hours and you need help filing a document. What do you do? We recognize that users need assistance beyond the regular hours of the Clerk's Office, so to better serve all users, online CM/ECF training will be available on Monday, July 18, 2011 at The online modules are designed for attorneys and staff interested in learning how to use the CM/ECF system. Using simulated CM/ECF screens and actions, the modules demonstrate tasks such as filing documents, adding a new filer to a case and maintaining your account, to name a few. The modules can be viewed individually as a quick reference on how to do a specific task, or a user could view all of the modules, which would cover the same topics demonstrated during the in-person training given at the courthouse. In-person training is still offered once a month in Kansas City. If you would like to sign up for a session, please contact the court at (816) 512-5000. If you have suggestions for additional training modules, please contact Shelly McDowell at (816) 512-5063. Courthouse Connection, June 2011 Page 6 Electronic Filing Transitions to PDF/A Since its inception, CM/ECF has required that electronic documents be filed in portable document format (PDF). Now, a move to the new more-controlled PDF/A standard is necessary to enhance CM/ECF security and to improve the archiving and preservation of case-related documents. PDF format serves as an excellent replacement for paper and offers reliable renderings of court documents for all CM/ECF users despite their many different computer configurations. CM/ECF systems now contain nearly 500 million PDF files. However, over time, new features that raise security concerns have been added to PDF. A few examples are: the ability for a filer to monitor if and when the document is read (CM/ECF had to block that feature), and the ability for a filer to incorporate active software programs in the document. Those security concerns, and concerns about ensuring that our electronic documents could be archived and retrieved for decades (even centuries) to come, led the judiciary to join with other government agencies, corporations and technologists around the world to develop a new international electronic document standard that addresses those concerns. That new standard, adopted by the International Organization for Standardization in 2005, is PDF/A. The implementation of the PDF/A standard has been delayed until major software vendors provided for the creation of this format in conjunction with standard word processing packages. Ninety software vendors now do so. While CM/ECF currently accepts PDF/A documents, in the near future, the court will require all documents to be filed in PDF/A. We strongly encourage you to begin preparations for the transition to PDF/A. Additional information regarding PDF/A format can be found in the December 2010 edition of the Courthouse Connection newsletter. CM/ECF Tips to File By: 1. Documents that require leave of court should not be filed until leave of court is granted. (For example, a motion to exceed page limitation must be filed and ruled by the court before the actual document is filed.) 2. Make sure you use the appropriate sealed event when docketing a document that is to be sealed. Please remember: Filing parties are to serve all counsel, as the document will not be viewable. 3. Do not attach proposed orders to documents. All proposed orders are to be emailed to the judge's courtroom deputy. 4. If you file a document in error, please call the court before refiling. The Clerk's Office must account for any errors. 5. Remember to view a document before clicking the final submit button. 6. It is the attorney's responsibility to redact any information that should not be seen by the public (i.e., dates of birth, home addresses, names of minor children). 7. Make sure you know which judges want a paper courtesy copy and which do not. You can find this information on our website at /district/. 8. Transcripts are now made available electronically. Make sure you are aware of the deadlines for items in the transcript that need redacted. 9. Courtroom technology is available for use in the courtroom. Please call the judge's courtroom deputy 36 hours in advance of your hearing to receive information on using the equipment. 10. The CM/ECF Help Line is available to answer any questions: 1-800-466-9302. Courthouse Connection, June 2011 Page 7 Bankruptcy Highlights Roser Excellence in Bankruptcy Award The Missouri Bar's Commercial Law Committee, to honor the memory of Michael R. Roser, has established an annual award to be presented at the annual meeting of the Missouri Bar. The Michael R. Roser Excellence in Bankruptcy Award will be presented to an individual who manifests the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contribution in the field of bankruptcy administration or practice. A special subcommittee has been formed to accept nominations. If you desire to nominate an individual, send information no later than August 1, 2011: by e-mail to: kathy_surratt-states@ or by mail to: Michael R. Roser Excellence in Bankruptcy Award c/ Honorable Kathy A. Surratt-States 111 S. Tenth Street 7th Floor North St. Louis, MO 63102 In your nomination of a candidate, please address specifically his/her activities in the areas of bankruptcy practice, other law practice, bar activities, as well as any other factors or characteristics that you believe the committee should consider in selecting the recipient of the award. General Order Amending Local Rule 1017-1 The Western District of Missouri Bankruptcy Court adopted a General Order amending Local Rule 1017-1 related to reinstatement and reopening of dismissed cases. The order was entered on June 8, 2011 and is effective for ALL Motions to Vacate an Order of Dismissal and to Reinstate or Reopen a Case filed on or after July 1, 2011. The amendment requires that the debtor(s) seeking reinstatement or reopening after dismissal must waive their right to object on the grounds of timeliness to complaints, motions and proofs of claim filed pursuant to Fed. R. Bankr. P. 4004(a), 4004(c), 1017(e) and 3002(c) if the filing deadline expired on or after the date the case was dismissed or if less than 30 days remains until such deadline. In addition, two new local forms that incorporate this waiver language have been created and are posted for use. The General Order amending the Local Rule can be found at: (all inclusive) (redline format) The two new local forms that are to be used when filing a Motion to Vacate Dismissal and Reinstate Case or a Motion to Vacate Dismissal and Reopen Case can be found at: #bankruptcy If you have any questions, please contact Roberta Kostrow at roberta_kostrow@ or via phone at (816) 512-1818. Case Filing Totals CM/ECF Upgrade Coming Soon March 2011: 1558 The Bankruptcy CM/ECF system is scheduled for an upgrade this summer. April 2011: 1242 Watch for updates at May 2011: 1201 Courthouse Connection, June 2011 Page 8 Date Changes for Jefferson City July Docket The Hearing date for July 2011 for the Jefferson City division has been moved to Tuesday, July 19. UMKC and the American Bankruptcy Institute once again team up for a day-long program featuring 12 bankruptcy judges from the region joining top national and regional speakers on current developments. A mix of panels and debates makes for lively treatment of the latest issues. The luncheon program features Prof. William Black of the UMKC School of Law and Economics speaking on the fallout from the mortgage foreclosure scandal. The program format permits you to customize your experience by attending a business- oriented or consumer-oriented track. The Muehlebach Tower at 1213 Wyandotte is the regal setting for this year's program, offering unparalleled comfort, convenience and atmosphere. Consumer attorneys will enjoy discounted registration rates when registering for the Midwestern Consumer Forum�a conference within a conference�with coursework dedicated to today's consumer practice. 31st Annual Midwestern Bankruptcy Institute & Midwestern Consumer Forum View the Agenda Register Kansas City Marriott Downtown, Muelebach Tower For more information, contact the UMKC CLE Office at (816) 235-1648. At the Circuit Level 8th Circuit Sits in KC The 8th U.S. Circuit Court of Appeals held oral arguments in Kansas City from May 10-13. Panels included Chief Judge Riley (Nebraska), Circuit Judges Smith (Arkansas), Melloy (Iowa) and Benton (Missouri), as well as District Judge Gritzner (Iowa) and Senior District Judge Strom (Nebraska). Arguments were heard on approximately 20 cases, covering a wide variety of civil and criminal issues. One was the headline-grabbing case, tried before Judge Laughrey, involving the sex trafficking of a minor; another involved a civil rights claim against Kona Grill and the Plaza, tried before Chief Judge Gaitan; a RICO case tried before Judge Kays; and the Interstate Bakeries Corp. bankruptcy and a settlement involving insurance policies, tried before Judge Sachs. Eighth Circuit panels will return to Kansas City for arguments Judges Lavenski R. Smith, William J. Riley and Lyle E. Strom November 14-18, 2011; February 13-17, 2012; and March 12-16, 2012. Courthouse Connection, June 2011 Page 9 Senior Judge Gibson Retires A ceremony and reception celebrating the retirement of 8th U.S. Circuit Senior Judge John R. Gibson were held on May 10, 2011, on the 10th floor of the Whittaker Courthouse. Chief Judge William J. Riley presided over the ceremony, which featured a resolution presented by Judge Michael M. Melloy, as well as tributes, stories and memories from Judge Duane Benton and retired District Judge Stephen N. Limbaugh Sr., a longtime friend and former classmate at the University of Missouri School of Law. Chief Judge Riley introduced the many judges in attendance as well as Judge Gibson's family: daughter Jeanne Gibson Sullivan; her husband, Bill; their sons Connor and Luke; son Robert; stepdaughter Holly Mills; her husband Will and son Sam; and stepdaughter Catherine Larrison. Many of Judge Gibson's former law clerks, friends and other courthouse staff helped to celebrate the occasion. Judge Gibson served in the U.S. Army before attending MU. He practiced law in Kansas City for 30 years and served on a variety of associations, commissions and organizations. Judge Gibson was nominated in 1981 as a U.S. District Court judge for the Western District of Missouri. He was elevated to the 8th U.S. Circuit Court of Appeals just six months later, where he served until his retirement this past January. His many interests include photography, bicycling and travel. His wisdom, wit and energy will be missed as he relocates to the Boston area to be closer to his daughter and grandsons. Judges Duane Benton, Michael J. Melloy, John R. Gibson, Chief Judge Judge Gibson and his family. William J. Riley, Judges Morris S. Arnold and Judge Lavenski R. Smith Court News & Notes New Divisional Manager in Jefferson City Laura Bax was promoted to the position of divisional manager in Jefferson City on April 25, 2011. Laura began working for the court as a deputy clerk in May 1995. Laura earned a Bachelor of Arts degree in English and political science (1995) and a Master of Public Administration degree (2002), both from the University of Missouri, Columbia. Laura completed the 2.5-year Federal Court Leadership Program in 2008. More recently she completed the Vanguard Leadership Program through the public school system in Jefferson City. Laura is very involved in the Parent Teacher Organization (PTO) as a member of the citywide PTO and also at each of her sons' schools. Laura has been married to her husband, Jason, for 17 years. The couple has two sons, Casey (13) and Cole (11). She is originally from the Poplar Bluff area, where she frequently visits her parents. Her outside interests include photography and scrapbooking. She also has a cabin on the Osage River and enjoys floating on the river with her family. Congratulations to Laura on her promotion! Laura Bax, Jefferson City divisional manager Courthouse Connection, June 2011 Page 10 Attorney Admissions Clerk Change With the recent promotion of Laura Bax to divisional manager, Jeri Russel has assumed additional duties as the attorney admission's clerk for the Western District of Missouri. Jeri began working for the court in June 1988, splitting her time between being a pro se secretary to Magistrate William Knox and a deputy clerk in the Clerk's Office. A few years later, she moved full time to the Central Division Clerk's Office. Jeri has one son, Kody (19), and she is eagerly awaiting an empty nest. She is originally from St. Martins, Mo., and has lived in the Jefferson City area her entire life. Feel free to contact Jeri if you have any WDMO bar issues at jeri_russel@ or at (573) 556-7563. Congratulations to Jeri on her new duties! Jeri Russel, attorney admissions clerk Announcing Judges' Pages One of the new features offered by the court's updated website is the addition of judges' pages. Judges biographies and requirements are provided for all District, Magistrate and Bankruptcy Court judges. Additional details include: - Contact information for judges' staff - Opinions - Scheduling & trial orders - Jury instructions - Audio-visual equipment These changes are made consistent with attorney feedback solicited by the court to make improvements to navigation and content on our website. The updated site also includes improved search capability and one-click navigation to frequently accessed items. Visit the new judges' pages at Jefferson City Hosts Naturalization Ceremony Forty-one individuals from 22 different countries finalized the requirements for American citizenship as they were administered the Oath of Allegiance in Jefferson City on May 6, 2011. Magistrate William Knox presided over the patriotic ceremony, which included the presentation of the flag by Boy Scout Troop No. 11 from Jefferson City. The scouts also led the new citizens in the Pledge of Allegiance. This was followed by Forty-one individuals from 22 different countries were naturalized. Courthouse Connection, June 2011 Page 11 The Star-Spangled Banner and a special rendition of God Bless America, which was performed by the Show-Me Showboaters Chorus. Carrie James, from the Jefferson City divisional office, administered the oath. The Eldon, Mo., Howard County and Columbian Chapters of the Daughters of the American Revolution assisted with the program and reception, and provided small American flags and other patriotic items to each individual. A reception for the new citizens and their families was sponsored by the Boone County Bar Association following the ceremony. Presentation of the U.S. Flag by Boy Scout Troop No. 11. 38th Annual Bench-Bar Review Real Lawyers. Real Stories. Amazing Results. The Kansas City Metropolitan Bar Association (KCMBA) hosted the 38th Annual Bench-Bar & Boardroom Conference (BBBC), May 19 - 21, 2011, at The Lodge of Four Seasons at the Lake of the Ozarks. The 2011 BBBC included a plenary session covering Resolving Injustice: Real Stories of Legal Heroism. Moderator Judy Heeter (vice chair, Board of Directors, MIP) spoke of stories of crime and punishment that fill our TVs, theaters and bookshelves. The presentation featured stories of wrongful conviction, focusing on what happened, why it happened and who it happened to. Conference attendees were allowed a rare look into real stories of crime and punishment ripped from the headlines. Exonerees, their counsel and members of the Midwestern Innocence Project (MIP) staff spoke about their arrests, trials, convictions, incarceration and exoneration, and shared their fascinating and moving stories of lawyers heroically fighting to protect the rights of the innocent and wrongfully convicted. A video, featuring KCMBA officers, highlighted the good work and amazing results of its members, while providing a humorous take on newsroom drama. There were also separate conference tracks for litigators, young lawyers, corporate and business practitioners, and family law practitioners. Judy Heeter, vice chair, Board of Directors, MIP Courthouse Connection, June 2011 Page 12 Take Your Child to Work Day Judge Whipple presided over the Gold E. Locks trial during this year's Take Your Child to Work Day. Court employees like Papa Bear Bill Terry demonstrated their acting skills. About Courthouse Connection Court Executive Ann Thompson WDMO Staff Contributors Laura Bax�District Operations, Central Division Stephanie Brown�Finance Managing Editor Beth Graham�Bankruptcy Lori Carr�District Operations, Western Division Diana Diaz�Administration Teresa Harrison�Finance Communications/Project Manager Robin Jones�District Operations, Western Division Tammie Holmes�Administration Kelly McIlvain�Article III Chambers Representative Dorothy Myers�Magistrate Chambers Representative Editor Michele Nelson�Human Resources Greg Melvin�District Operations, Western Division Kelsee Pierce�Jury Administration Kathy Popejoy�Human Resources Web and Print Design Deborah Showalter-Johnson�8th Circuit Library Caretta King�Administration Debbie Starks�Early Assessment Program Bill Terry?District Court Operations Manager Contributors Katie Wirt�Court Reporter Kim Elrod?KCMBA Services Coordinator Liza Healey?8th Circuit Court of Appeals Courthouse Connection is published by the U.S. Courts, Western District of Missouri � Kansas City, Missouri � 816-512-5000 Courthouse Connection, June 2011 Page 13 Medical Law Solicitors Miller County AR
08/27/2013 - Small spill causes scare at Boston Medical Center 07/20/2013 - Italy Court convicts 5 Costa Crociere employees Lawyer J.R. Francomano licensed to practice in Maryland since 1999 The federal Centers for Medicare and Medicaid Services found after an investigation that the clinic made several errors, including failing to keep proper medication records and snapping cellphone photos. The investigation also found that the clinic had failed to receive informed consent for every procedure performed and failed to record Rivers' weight before administering sedation medication. Justia Opinion Summary: The Provincial Government of Marinduque (the Province), was a political subdivision of the Republic of the Philippines. Placer Dome Inc. (PDI), was incorporated under the laws of British Columbia, Canada. A predecessor Engage in conversation with your prospects and customers. Post quick short messages, share what's happening at South Brunswick Dental Group, announce discounts and coupons, and build your brand online. It's free!
This will tragically have an effect on his future academic potential and our specialist medical negligence lawyers commenced a claim for compensation both pain and suffering and for the loss of his abilities, and the loss of earnings that his reduced cognitive capacity may dictate. Page 774 774 AMERICAN DENTAL JOURNAL cavity we overcomne the difficulty. It would seem to be a fruitful field of research for some scientists to determine the kind of agent required to destroy the micro-organism and at the same time neutralize its poison. "But what concerns us most in the consideration of the present subject is that by following the generally accepted teaching of the day in the management of decalcified dentine we are simply confining in intimate proximity to the pulp a mass of material which is peculiarly calculated to poison the pulp to death, and this is precisely what occurs in many of those vague cases where the pulp has unaccountably died under a filling without an exposure. The greatest surprise is that more pulps have not died from this treatment, and it is accounted for only on the ground that pulps are sometimes exceedingly tenacious of life, and protect themselves against the inroads of the poisonous process by throwing out a deposit of secondary dentine. Even in those cases where the pulp finally triumphs over the evil influence, the operation of filling is quite frequently succeeded by an extended period of sensitiveness, which is the direct result of the irritating influence of the infiltrated dentine. In almost every instance where softened dentine is left in the cavity as a source of pulp protection or to prevent shock from thermal changes, it defeats the very object for which it was left. This mass is exceedingly irritable. It is more sensitive to impressions of all kinds whether thermal, chemical or mechanical than is normal dentine. It would therefore seem theoretically that the less we left of this infected tissue under a filling the more comfortable would the tooth remain after the operation, and this very fact is amply borne out by clinical observation. In a close study of this question it has been noted that in those cases where a radical removal of all softened dentine has been effected there is seldom any complaint of subsequent sensitiveness. "This does not imply that we must carelessly expose pulps by wanton slashing away at every cavity that presents. No operator should expose a pulp if it can be safely avoided. In working around a pulp under these conditions, as has already been intimated, a spoonshaped excavator should be used to avoid needless exposure. The excavator should be thin and sharp, so as to peel up the leathery dentine with the utmost delicacy and the expenditure of little force." "The rule to govern the operator in the management of decalcified dentine may be summarized as follows: Remove thoroughly all decalcified tissue in every instance where its removal will not result in I think now is the time to wake these kids up. Before they take out 400-600K in debt. before they realize they have minimal chance of making itbefore they sink the little dinghy the rest of us are crowded on. Medical Law Solicitors Miller County 92. Dannewitz B, Hassfeld S, Eickholz P, Muhling J. Effect of dose reduction in digital dental panoramic radiography on image quality. Dentomaxillofac Radiol 2002;31(1):50-5. My attorney handled my case very professionally and got me a big settlement to help me with my medical bills. I recommend Hoffoss Devall to all my friends and family now. Mr. Baseluos has seen first hand the effects of negligence on a victim and their families. He is committed to making a difference, and holding those who would not care about the harm they do to others, accountable for their actions. He is determined to serve and defend the vital interests of his clients. Based upon these holdings, I would advise all insurance customers to ask many questions of your insurance broker about the types of policies available and what sorts of policies they would recommend for you. Ask these questions in writing and save the letters or emails. This will make you a more informed consumer and, should something happen and you find yourself uninsured or underinsured, it may create the implied duty you need to establish liability.
Motion for leave to file amici brief out of time filed by American Optometric Association, et al. In other words, you probably do not have a valid New York medical malpractice claim if your doctor treated you according to the medical standard of care in your area in New York. And you probably would not have a valid medical malpractice claim if you were not harmed by the doctor's treatment, even if it did violate the standard of care in New York. Responsible for study initiation, study execution, and study completion. Howard and his wife are truly as Good as it Gets! His calm expertise and patience made all the difference in an otherwise awful legal case. His personal care and professionalism helped navigate us through some unfortunate realities of the legal read more Dr. Bethel and his staff are so incredibly kind, talented, and thorough. I'm very selective where I bring my children and if you're looking for a great team, give them a try! You will not be disappointed! Great, clean atmosphere and easy to get to! Highly recommended Dentist!
(d) All decision point review plans, including a pre-certification program filed and approved pursuant to N.J.A.C. 11:3-4.8 shall contain provisions for the disclosure of the procedures in the decision point review plan to injured persons and providers. Worldwide sales of Duragesic in 2005 were $1.59 billion, according to Teresa Gaines, spokeswoman for Johnson & Johnson. The cost of a 30-day supply of patches can range from $348 at Target to $408 at Wal-Mart. The parents, for patronizing an eatery where allergens were present and warnings were posted MEMORANDUM Mark Stephen Wilson, a Washington state prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal of his 42 U.S.C. Sec. 1983 action against court reporter Gerald Kohle. Notice regarding contacting courtroom deputies in advance of hearings on certain matters: NOTICE Tue, 19 Jun 2012, 17:46:26 ET � Source: Friends Beyond Borders A personal injury lawsuit is one of the most common types of lawsuits filed with the courts. A personal injury lawsuit is a legal proceeding that an injured party files with the court system in order to hold another party or parties responsible for their negligent, reckless, or intentional conduct. A mobile dentistry group is seeking permission to perform some basic dental cleanings on area students. Smiles to Go Dentistry representative Pat Ashley spoke to the Itawamba County School Board during their recent meeting. Ashley and her group asked permission to bring their mobile equipment to county schools to check children's teeth for dental problems, do routine cleanings and apply flouride treatments. Thank you for your quick response. Here is my situation. Last September I went to the ER because of severe headache from bugs bite. I was prescribed two strong antibiotics and Dilaudid for pain. After taking the meds and the IM injection from Dilaudid I started feeling very dizzy and within 5 minutes experiencing vertigo and losing balance. The nurse ignored what I told her and pressed for a discharge and didn't even bother to tell the ER doc. She wheeled me out and left me with my mother despite my loss of balance. An hour after I got home, I started having difficulty breathing, gasping, completely loss muscle strength and started puking. When I couldn't tell my heart beat because I was very weak I asked mom to call the ambulance and when ambulance transferred me I puked two more times. I was so sick that I thought I was going to die because I couldn't even sign my name and very trouble breathing. Long story short they did a lot of testing and imaging and one of the tests for blood clot was elevated. At the end the same ER Doctor came and admitted she over drugged and over dosed me. I didn't have any insurance at the time of the admittance so I got a discount from the hospital. I had no issue paying the hospital except for the fact I absolutely felt they almost killed me and led me to having to come back to the ER the second time from the over dosing and over drugged me that ER Doctor made a mistake the first time I came in for the headache and cellulitis. That's why I refused to pay for the high bill due to the second time came back to the ER all in one night and within an hour from the first discharge. The total hospital bill from every departments was around 6K. I now have multiple collectors agencies contacting me for different portions of the total hospital bill.
1.4 This Protocol is now regarded by the courts as setting the standard of normal reasonable pre-action conduct for the resolution of clinical disputes. In a motion to compel further answers, plaintiff asserted as to the above interrogatory (No. 30) seeking identification of Hospital's records regarding the granting or curtailing of Dr. Beauchamp's staff and surgical privileges that it was highly possible that the discussion in the transcript of the peri-rectal abscess surgery related to plaintiff's surgery but that in any event plaintiff was entitled to all such records including the letter regarding Dr. Beauchamp's hospital privileges described in the transcript. Attorney Miller County AR Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc. Anna Jackson is a research attorney who specializes in Agricultural and Education mediation and litigation. He also handles appeals and difficult procedural matters, legal document drafting, and more. 8. Dental review panel appointed by the board in local practice area from complaint. The dentist under investigation has right to select one member of the panel. Like medical review panel, it will keep the cost of investigation low and result in faster disposition. No preview. Article. Sep 1997. International Journal of Osteoarchaeology
Trial Type: Product Liability - Negligence - Wrongful Death - Kidney Cancer I also agree with the court of appeal's determination that the trial court was clearly wrong in finding that Dr. Haygood breached the standard of care required of a dentist in his locale in the diagnosis of periodontal disease. Under La. R.S. 9:2794, a general dentist such as Dr. Haygood who is not a specialist is held to the standard of care of other dentists actively practicing in a similar community or locale and under similar circumstances. Pursuant to this Court's holding in McLean v. Hunter, 495 So.2d 1298 (La.1986), a specialist from outside the community, such as Dr. Bolton, may testify if he has knowledge of the subject matter. However, his testimony is limited by the community standards when evaluating the standard of care of the general practitioner. Dr. Bolton's testimony that a dentist would deviate from the standard of care if he did not use a probe to diagnose and evaluate a patient for gum disease was not limited to the local community standards applicable to Dr. Haygood. In 1997, a 30-year-old woman died following a routine ambulatory surgical procedure to remove uterine fibroids. During the procedure, a new device was being utilized by the medical staff with the manufacturer's representative present in the operating room. The new device delivered 9000 milliliters of saline to the patient, with only 1,100 milliliters of output. The consequences were fatal and See your clients represented by one of the best personal injury law firms in Canada. Baumgarton, Matthew Ray v. The State of Texas-Appeal from Co Crim Ct at Law No 1 of Harris County