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Articles by Patrick McIntyre
Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims? | JD Supra
Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689.
Ctrl + play: the podcasting revolution – and radio's response | NFSA
Everyone – from amateurs with a mic at home to multinational conglomerates – began jumping into podcasts and releasing in a variety of genres and forms, including drama (harking back to the golden days of radio plays). Some confidently predicted podcasts would be the death of radio. Of course, they’d said the same thing when television came along. And they were wrong this time, too.
Does a Company Have a General Duty to the Public for the Actions of Third Party Users of Its Products? | JD Supra
A California Appeals Court answered this question in the affirmative in certain circumstances, overturning a demurrer previously sustained by the Superior Court. The case involves Bird Rides, Inc., an electric motorized scooter rental business, who obtained a permit with the City of Los Angeles that allowed them to deploy a fleet of dock-less scooters throughout the City.
Can California Have Personal Jurisdiction Over A Product Manufacturer For An Accident in Oklahoma? | JD Supra
A California Appeals Court answered that question in the affirmative, denying a writ of mandate filed by a manufacturer on the basis that the trial court improperly denied its Motion to Quash for lack of personal jurisdiction. (See Daimler Trucks North America LLC v. The Superior Court of Los Angeles County, Case # B316199.) The case involves Daimler Trucks North America, a Delaware Corporation with its principal place of business in Oregon, which manufactures Freightliner tractors.
Should an Employer be Held Vicariously Liable for a Motor Vehicle Accident Its Employee Caused on Her Way Home After Working the Overnight Shift? | JD Supra
A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for Universal Protection Services, LP, as a security guard on the University of California, San Francisco campus. Ms. Villegas had worked at UCSF for a year previously, before she left her job to have a baby.
Not Even Amazon Can Avoid Being In the Chain of Distribution Under California Strict Products Liability Law | JD Supra
In August of 2020, a California Court of Appeal held that Amazon was subject to strict products liability for each and every product sold on its website. (See Bolger v. Amazon.com LLC (2020), 53 Cal.App.5th 431. You can read our full analysis of that opinion here.
Amazon Subject to Strict Products Liability in California | JD Supra
In Bolger v. Amazon.com LLC (No. D075738, filed 8/13/2020), Plaintiff Angela Bolger (“Plaintiff”) sued Amazon.com LLC (“Amazon”) for strict liability arising out of injuries she sustained from a replacement laptop battery purchased on Amazon’s website that subsequently exploded. A San Diego Superior Court granted Amazon’s Motion for Summary Judgment on the grounds that Amazon was not subject to strict products liability for products sold on its website. The Court of Appeals reversed.
How DASH Helps Stabilize Addiction Crises on Long Island
The DASH staff offers 24/7 addiction crisis stabilization, even during the pandemic. Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Suffolk County Executive Steve Bellone had a message during a recent news briefing for residents feeling overwhelmed by substance use, mental illness, and/or other life stressors.
Are Plaintiffs Permitted to Recover Damages for Shortening Life Expectancy? | JD Supra
In Johnson v. Monsanto Company (No. A155940, A156706, filed 7/20/2020), Plaintiff Dewayne Johnson (“Plaintiff”) sued Monsanto Company (“Monsanto”) when he was diagnosed with cancer which he alleged was the result of his use of Monsanto’s Roundup herbicide products. The case was tried before a San Francisco jury that returned a verdict awarding Plaintiff roughly $39,300,000 in compensatory damages and $250,000,000 in punitive damages.
THRIVE, A Long Island Recovery Community, Marks Milestone
Members of LIRA closing a meeting THRIVE in Suffolk. On Sunday, one can learn about nonmedicinal healing modalities or relax with Gentle Flow Yoga. On Monday, one can join a Buddhist gathering to practice dharma or another to learn how to manage anger. On holidays, attendees are invited to celebrate in a strictly substance-free environment.
Recovery High School Idea Advances on Long Island
Claudia Capie Friszell with a photo of her late son, Marc Lewis. Paulette Perrault Phillippe believes her grandson Gabriel would still be alive if he had gone to a recovery high school after being treated for his first overdose at the age of 15. Instead, Gabriel went back to his original high school after just eight days of treatment at Mather Hospital in December 2009. Gabriel suffered his second overdose in April 2010. It was fatal.
Spinal Adjustments Eyed as Treatment For Addiction
Performing tytron diagnostic scan is the first step in using chiropractic adjustments to treat those with substance abuse disorder. A simple painless spinal adjustment by a chiropractor could be the latest breakthrough in the treatment of drug and alcohol addiction. The procedure is being pioneered at a treatment facility in Bethpage.
The Beading Hearts Helps Parents Grieving Children Lost To Addiction
These mothers of children lost to addiction help each other grieve through beading. They call themselves The Beading Hearts. Their mission is to heal broken hearts, one bead at a time. Together, the “angel moms” in this unique bereavement group, having lost a child to the disease of addiction, work through unspeakable grief and loss while learning to smile again — together.
Dental Painkillers: From Extraction To Addiction
More than half the patients getting wisdom teeth removed will leave the dental office clutching a prescription for a powerful opioid pain medication. The surgery often comes with pain, so more than two-thirds of patients are prescribed opioids such as oxycodone or Vicodin. The likelihood for chronic opioid use, misuse or dependence meanwhile increases after the third day of use and rises rapidly thereafter, according to the U.S. Centers for Disease Control (CDC).
New Partnership Closes Treatment Gap
A groundbreaking partnership in Nassau County will close a long-held treatment gap by providing overdose patients with immediate transportation and admission into residential treatment from the emergency room. The pilot program, years in the making and announced last month, involves Nassau County District Attorney Madeline Singas, Northwell Health, Nassau University Medical Center (NUMC) and Maryhaven’s New Hope Crisis Center in Freeport.
Long Island Recovery Advocates Fight For Sobriety
Recovery advocates lead the charge on the state capitol last year for Advocacy Day 2018. People who are struggling to get their child into drug treatment, fighting with insurance companies over fairness of coverage for rehab, or having a negative experience with a so called “sober home” are joining forces with other recovery advocates. And the movement is exploding. The Long Island Recovery Association (LIRA) is a Hauppauge-based, grassroots recovery community organization.
Deadly Fentanyl: Worse Than Heroin
Fentanyl is about 100 times more potent than morphine. Experts say the nation is no longer facing a heroin crisis, it’s facing a fentanyl epidemic. Fentanyl is now the drug most frequently involved in overdose deaths nationwide, according to a December report by the U.S. Centers for Disease Control and Prevention (CDC). The rate of drug overdoses involving the powerful synthetic opioid skyrocketed by about 113 percent each year from 2013 through 2016, replacing heroin as the deadliest drug.
Pols Eye Opioid Crisis With Pending Legislation
The Drug Take Back Act, a new law taking effect January 6, aims to reduce opioid abuse, while at the same time prevent the contamination of our waterways. The law requires large chain pharmacies to take back and properly dispose of unused and expired prescription medications for free. Studies show that up to 70 percent of teenagers who abuse prescription drugs get them from their parents’ medicine cabinets.
Medical Marijuana: The New Anti-Drug?
Medical marijuana is now approved to treat opioid addition. Can medical marijuana help with the current opioid epidemic? Gov. Andrew Cuomo thinks so. The potential link between marijuana and opioid addiction treatment is well documented. Multiple studies have indicated that for those struggling with chronic pain, marijuana could be a viable, nonaddictive alternative to opioids such as OxyContin, Vicodin or heroin.
Another Dam Cross Race
Race #3 in the Screw City Cyclocross Series. All types of bikes welcome, but you may want something with knobs on the tires.
Return to the Hills Cyclocross Race
Race #2 in the Screw City Cyclocross Series. All types of bikes welcome, but you want something with knobs on the tires.
Walled Lake Northern survives Royal Oak Shrine's upset bid WITH PHOTO GALLERY
COMMERCE TWP. — Walled Lake Northern should have been salivating when the Knights learned who they’d face in their first match of the MHSAA Division 2 tournament. Three weeks ago, Northern routed Royal Oak Shrine, Saturday’s pre-regional opponent, 13-1. However, Shrine gave Northern all it could handle on Saturday, and without a crucial third-quarter rally an upset was in the making.
Utica Stevenson ends Rochester's successful season WITH PHOTO GALLERY
Falcons finish season with most wins in program history ROCHESTER — There are plenty of schools trying to establish a winning tradition in lacrosse, and Utica Stevenson took a big step towards that goal with a 13-11 Division 1 pre-regional victory over Rochester on Friday. The victory was the first-ever playoff win for the Titans (13-3), who finished the regular season as the MAC Blue champions for the second-straight year.
Historic playoff win for Stevenson PHOTO GALLERY
ROCHESTER — There are plenty of schools trying to establish a winning tradition in lacrosse, and Stevenson took a big step towards that goal with a 13-11 Division 1 pre-regional victory over Rochester on Friday. The victory was the first-ever playoff win for the Titans (13-3), who finished the regular season as the MAC Blue champions for the second-straight year. “This win is huge, and feels great,” Stevenson head coach Anthony Zuccaro said. “My seniors have been on the team for four years.
Lake Orion stays unbeaten with win over Clarkston WITH PHOTO GALLERY
CLARKSTON — As Lake Orion head coach Brad Thomas said, Saturday’s 7-5 win over Clarkston was just one more win for the Dragons, but it’s not hard to find some extra importance for this victory. Not only did Lake Orion (8-0, 4-0 OAA Red) earn a victory on its top rival’s home turf, but the Dragons now sit atop the Oakland Activities Association Red Division as the only undefeated team in the league with only two matches left.
Lake Orion dominates Troy Athens in OAA Red opener WITH PHOTO GALLERY
LAKE ORION — Lake Orion didn’t show any ill effects from a nearly 2-week break between games as the Dragons opened Oakland Activities Association Red Division play with a dominant 12-2 win over Troy Athens. Lake Orion (4-0, 1-0 OAA Red) played a stifling brand of defense that helped lead to plenty of transition scoring opportunities. Lake Orion head coach Brad Thomas was particularly happy with the way his defensemen limited the effectiveness of Athens junior Jake Lining.
Blake Best's hat trick helps Troy open season with win over Novi WITH PHOTO GALLERY
TROY — The Colts opened their lacrosse season with an impressive 10-6 victory over a good — though banged-up — Novi squad on Saturday. Pouncing on ground balls and controlling the faceoff circle helped Troy (1-0) build a 9-2 lead with 3:27 to play in the third quarter.
Country Day edges Lathrup in our Game of the Week
SOUTHFIELD — In a matchup of two of the best girls basketball teams in the state regardless of class, Birmingham Detroit Country Day (No. 1 in Class B) watched Southfield-Lathrup (No. 2 in Class A) erase a nine-point fourth-quarter deficit before the Yellowjackets buckled down to secure a 56-52 road victory.
Protect your health: get covered by December 15th
Open Enrollment for health insurance coverage is underway. And in order to have health care coverage starting January 1, you must pick your plan and pay the first month’s premium by December 15, 2015. We understand that finding and choosing a plan that’s best for you and your family can feel pretty complicated.
Lake Orion sweeps Clarkston, ends Wolves streak of division titles WITH PHOTO GALLERY
WATERFORD — All good things come to an end, but in sports perspective plays a large role in what is good or bad.For Clarkston, Monday’s sweep in the opening round of the Class A district marked the end of a run of eight consecutive district championships.However, Lake Orion has a different perspective. The Dragons have had talented teams that couldn’t beat Clarkston in the districts each of the last three seasons.“In terms of finally beating them in districts, it means the world.
Oxford opens playoffs with sweep of Waterford Mott WITH PHOTO GALLERY
WATERFORD — Oxford put on a serving clinic as the Wildcats eliminated Waterford Mott in straight sets in a Class A district quarterfinal at Waterford Kettering on Monday.Oxford (32-14-3) topped the Corsairs (10-23-2) 25-6, 25-16, 25-12."I hope it's the first win in a march to a district championship," Oxford head coach, and former Mott assistant, Tori Thomas said.The match was close in the first game until Oxford senior Hailey Hartwick stepped to the service line and recorded four aces on the...
Birmingham Seaholm tops Clarkston in OAA Red play for first time in a decade WITH PHOTO GALLERY
CLARKSTON — It wasn’t the cleanest match Birmingham Seaholm ever played, but the Maples accomplished something in the five-set match they hadn’t done since at least 2005: beat Clarkston in a league game.Seaholm’s 25-21, 20-25, 20-25, 25-19, 15-12 win gives them a chance to do something else the Maples haven’t done since co-head coach Heather Lippert arrived: win a share of the Oakland Activities Association Red Division.
Birmingham Seaholm sweeps Rochester Adams, stays unbeaten in OAA Red WITH PHOTO GALLERY
ROCHESTER HILLS — It’s no secret that the Oakland Activities Association Red Division, with three teams ranked in the top 10 in the state, is one of the toughest in the state.
Quick start enough for Walled Lake Northern to top Waterford Kettering
COMMERCE TWP. — It didn’t turn into the blowout that a 21-0 first-quarter lead would often portend, but that big first quarter was a big reason Walled Lake Northern was able to overcome four turnovers and earn a 35-23 win over Waterford Kettering on Friday. “We lost our focus,” Northern head coach Brett Moore said. “We let them back in the game.
Mercy pulls away in fourth game to top rival Marian WITH PHOTO GALLERY
FARMINGTON HILLS — Farmington Hills Mercy kept increasing the pressure on CHSL rival, and defending A-B division champions, Birmingham Marian throughout their volleyball match on Thursday, dominating the fourth game to win 3-1.The Marlins, playing in front of a full and boisterous gym, topped the Mustangs 25-19, 19-25, 25-17, 25-12.“For us in the Catholic League, I think Mercy and Marian is the big rivalry,” Mercy head coach Loretta Vogel said. “It just goes on and on.
Walled Lake Northern runs away from Bloomfield Hills, 57-0
COMMERCE >> He missed most of last season with an injury, but senior running back AJ Chuchla wasted no time in showing why he, and the Walled Lake Northern football team will be a force to reckon with in 2015. The Knights rolled to a 57-0 opening night win over Bloomfield Hills on Thursday night thanks in large part to Chuchla’s 133 rushing yards and three touchdowns, all in the first half. “He’s a horse,” Northern head coach Brett Moore said of his running back.
Mercy drops Kettering in extra innings to claim regional title
NOVI >> Waterford Kettering’s seventh inning rally came up just short and Farmington Hills Mercy responded in extra innings to claim the Marlins first MHSAA Division 1 regional championship since 2007 with a 3-2 win over the Captains on Saturday at Novi High School. With two outs in the eighth inning and a runner on second Marlins sophomore Nicole Belans smacked a triple to put her squad back in front.
Catholic Central stuns Country Day to return to D1 state championship
NOVI >> Teams don’t reach the final four of the state playoffs without plenty of hard work, but sometimes they need a lucky bounce to keep advancing. That’s exactly what happened when the ball bounced off Novi Detroit Catholic Central junior Rocco Mularoni’s face mask and into the Birmingham Detroit Country Day net for the game-winning goal in a Michigan High School Athletic Association Division 1 semifinal game Wednesday at Catholic Central.
Bloomfield Hills Cranbrook Kingswood offense too much for Rochester WITH PHOTO GALLERY
BLOOMFIELD HILLS — Bloomfield Hills Cranbrook Kingswood can’t return to the MHSAA Division 2 championship game for the third straight year without taking care of each game that is in front of the Cranes, and they showed why they earned a No. 1 seed in the region 8 as they cruised past an undermanned Rochester squad for a 22-2 victory Friday.Cranbrook was hitting on all cylinders on offense throughout the game, allowing Rochester just three offensive possessions in the first half as the Cranes...
Country Day dominant in win over Clarkston WITH PHOTO GALLERY
CLARKSTON — Birmingham Detroit Country Day put on a show Thursday night, just not one that was likely to please the Yellowjackets host, Clarkston.Country Day showed why LAXPower has ranked the Yellowjackets as the No. 3 tea in the state with an efficient offense that used lots of movement both on and off the ball to earn a 16-2 win.Unselfish play led to nine different players scoring for Country Day (9-5) on the night, and five different players — Nick Martin, Emilio Sosa, Cooper Belanger,...
Averbuch leads West Bloomfield past Avondale, 10-6
AUBURN HILLS >> The soggy field conditions didn’t slow down Josh Averbuch as his six goals paced West Bloomfield in a 10-6 win at Auburn Hills Avondale on Tuesday. “He’s a 1-man wrecking crew,” West Bloomfield coach Hank Lewandowski said. “I try to keep him under control a little bit, but sometimes that doesn’t happen. Sometimes, with a kid like that you have to let him play. We try to do that.
Walled Lake Central claims first-every city cup with win over Western
WALLED LAKE >> Ask any coach, and he’ll tell you his team has worked hard to get to where it is, even if that doesn’t show up in the win column. For the first time in a long time, that hard work has paid off for Walled Lake Central when the Vikings claimed their first city cup with a dominant win over Walled Lake Western on Saturday. “(The city cup) means so much for our program,” Walled Lake Central head coach Nevin Kanner said.
Walled Lake Central dominates Western, wins first city cup WITH PHOTO GALLERY
WALLED LAKE — Ask any coach, and he’ll tell you his team has worked hard to get to where it is, even if that doesn’t show up in the win column. For the first time in a long time, that hard work has paid off for Walled Lake Central when the Vikings claimed their first city cup with a dominant win over Walled Lake Western on Saturday.“(The city cup) means so much for our program,” Walled Lake Central head coach Nevin Kanner said.
Bloomfield Hills Cranbrook Kingswood holds on to knock off Birmingham Detroit Country Day WITH PHOTO GALLERY
BEVERLY HILLS — After defeating Bloomfield Hills Cranbrook Kingswood in the MHSAA Division 2 championship game last year, Birmingham Detroit Country Day made the jump to the state’s top division, so Thursday’s meeting was the Cranes only chance at revenge this season.Cranbrook (2-5) took advantage of numerous Yellowjackets (4-3) penalties early and then held on for dear life down the stretch to eek out a 13-12 victory.“(Cranbrook) did a lot of holding on, especially of the ball, all night,”...
Efficient offense, stingy goalie gives Birmingham United edge over Lake Orion WITH PHOTO GALLERY
LAKE ORION — Lake Orion got out to a quick start against Birmingham United on Tuesday, but the Bulldogs executed better on both ends of the field to earn a 13-6 road win in the Oakland Activities Association Red Division match.On offense Ryan Flaherty and Emmett Green each had three goals for Birmingham and James Cook added four while sophomore goalie Gary Cutler made 12 saves in what his coach called his best game of the year.“We had a lot of great opportunities,” Lake Orion head coach Brad...
Brother Rice sweeps Grosse Pointe North
TROY >> When a team graduates the quantity and quality of players that Birmingham Brother Rice did a year ago — eight guys who were playing for the Warriors last year are suiting up for a college team this season — it’s fairly normal to expect a bit of a rebuilding process.
Today is National Youth Enrollment Day!
United Ways across the country are helping their neighbors understand their health care options. We know that families are more financially secure and kids do better in school if everyone has access to quality, affordable health insurance. We also know that young adults have the highest rate of uninsured in the country. So with a deadline of February 15 quickly approaching, why wait? United Way can help you get enrolled today.
United Way Applauds Congressional Movement on the Extension of CHIP
Action is needed now to ensure continuity in health coverage for low-income children and pregnant moms In recent days, Congress has responded to requests from governors, providers, advocates, and families alike by introducing legislation and publishing a discussion draft to quickly extend funding for the Children’s Health Insurance Program (CHIP). While CHIP exists in law through FY2019, funding for Chip will end September 31, 2015 unless Congress acts.
Leadership crucial to young Yellowjackets Class B title run WITH PHOTO GALLERY
EAST LANSING — Ask enough teams, players and coaches what it takes to win a championship, and you’ll start to notice a pattern in their answers:Not that talent isn’t important, but it’s rarely mentioned by those who have just claimed a championship. Of course, Birmingham Detroit Country Day has plenty of talent. Very young talent.
Holinski captains Marian through rough waters in second quarter WITH PHOTO GALLERY
EAST LANSING — When a ship hits rough waters it needs a strong captain to guide it — and its crew — to safety. The same can be said of basketball teams.On Saturday, senior Kara Holinski cemented her place among Birmingham Marian lore by guiding the Mustangs through a rough first half to a 51-37 Class A championship win over DeWitt on Saturday at the Breslin Center.“She can do it all,” Marian coach Mary Cicerone said. “She’s Kara Holinski — my best captain ever in the world, and she got us here.
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