Failure to Produce Discovery

Jun 01, 2016
SdDMW
Rule 4:23-5 describes a two-step process regarding applications to dismiss a party’s pleadings for failure to produce discovery.  The first step allows for a dismissal without prejudice, such as seen...

Stronger FDA Warning For Essure

May 31, 2016
SdDMW
Essure is a form of birth control that is implanted into women to be used as a contraceptive. It consists of two nickel-titanium coils inserted into the fallopian tubes to block sperm from fertilizing a woman’s eggs. There...

Son Sues Nursing Home For His Mother’s Death

May 27, 2016
SdDMW
Elizabeth Barrow, a 100 year old woman, was suffocated and strangled by her 97 year old roommate, Laura Lundquist, with a shopping bag.  Ms. Lundquist was charged with murder, found unfit to stand trial and was committed...

Incomplete Side Effects Reported To The FDA

May 26, 2016
SdDMW
There has been much controversy as to the validity of the Adverse Event Reporting System by the Food and Drug Administration (FDA).  This database is highly used for collecting side effect data from both doctors and...

Bankruptcy Court Declines Divorce Valuation

May 25, 2016
SdDMW
Following a divorce proceeding, the husband filed a Chapter 13 bankruptcy petition and asked for confirmation of his plan.  The Bankruptcy Court said its decision depended on the value of the husband’s minority share...

Medical Records Easier To Access

May 25, 2016
SdDMW
Health groups, such as hospitals and doctors’ offices agreed to start taking steps to make electronic health records easier to access and use by consumers (patients).  Most hospitals and doctors’ offices have gone...

Improper Use Of Cancer Chemotherapy Drug

May 24, 2016
SdDMW
Adventist Health System has been accused of improperly distributing a chemotherapy drug for those with cancer.  The Department of Justice states that this certain drug is only supposed to be used once per patient in a...

Common Medical Mistakes To Avoid In The Hospital

May 24, 2016
SdDMW
One would believe when they are in the hospital that they are there to have their health improve.  However, that is not always the case.  It has been estimated that up to 440,000 Americans experience a medical...

Cohabitation and Alimony

May 10, 2016
SdDMW
Alimony is an “economic right that arises out of the marital relationship and provides the dependent spouse with a level of support and standard of living generally commensurate with the quality of economic life that...

Written Agreements Between Parties Must be Enforced

Apr 12, 2016
SdDMW
Relocation can be defined as a family, or someone, moving to a different place to live.  When discussing relocation in divorce cases, it’s a difficult situation to handle.  Two reasons for relocating could be new...

How Marriage Can Influence Your Blood Pressure

Mar 16, 2016
SdDMW
According to Time Magazine, marriage may impact the health of each spouse, negatively and/or positively.  Married people are healthier and tend to live longer than single people.  The reason for this is because...

Emancipation of a Child and Child Support

Feb 23, 2016
SdDMW
Emancipation of a child terminates a parent’s child support obligation for that child. An emancipated child is one who has obtained an independent status of his or her own and has moved beyond the scope of the...

Harassment Can Lead to a Final Restraining Order

Feb 22, 2016
SdDMW
Domestic Violence is a serious issue that is prevalent in today’s society.  Harassment is a type of domestic violence.  Harassment is defined to include when a person, acting with the purpose to harass another,...