The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
INTRODUCTION Most commentators believe that when a contract's terms specify the obligations of the parties in the case of some contingency, and that contingency occurs, a court should, barring procedural irregularities, enforce the terms. Much scholarship has focused on what courts should do when the terms are...

Plaintiffs failed to introduce evidence as to authority of text.
A JUDGMENT (WITH AN ADDITUR), WHICH TOTALED OVER $650,000 WAS REVERSED IN THIS CASE. Why? ON JANUARY 26, 2001, DUSTIN LOTT, COMPLAINING OF HEADACHES, NAUSEA, AND VOMITING FOR A MONTH, WAS TAKEN TO THE OFFICE OF DR. ROBERT BULLOCK. The history taken indicated that sometimes these symptoms...

Treatment of decubitus ulcers botched: verdict for $3,050,000.
EDMUND CODY SUED GENTIVA, A HOME HEALTHCARE PROVIDER, FOR NEGLIGENCE, ALLEGING THAT ITS EMPLOYEES BREACHED THE STANDARD OF CARE BY FAILING TO "APPROPRIATELY DIAGNOSE AND TREAT AND/OR TO PREVENT THE FORMATION OR AGGRAVATION OF DECUBITUS ULCERS RESULTING IN SEVERE AND SIGNIFICANT INJURIES [TO HIM]." The case proceeded...

Bombay HC gives nod to Pravin's appeal.
MUMBAI: The Bombay High Court on Friday admitted an appeal filed by Pravin Mahajan challenging the life imprisonment awarded to him on charges of murdering his elder brother, BJP leader Pramod Mahajan. A division bench of Justice S B Mhase and Justice Vijaya Kape-Tahilramani has scheduled the case for...

I-T dept can attach property of defaulters: SC.
Byline: Dhananjay Mahapatra NEW DELHI: If you are in the habit of defaulting in paying income tax and ignoring the I-T department's notices, then this Supreme Court judgment will serve as a warning, for you may stand to lose your properties. The Income Tax department...

Shinde's son-in-law questions divorce.
Byline: Swati Deshpande (##include msid=2162032,type=11 ##) Shinde's daughter Smriti had got a divorce by mutual consent (TOI Photo) MUMBAI: Former Maharashtra chief minister Sushil Kumar Shinde's son-in-law, Sanjay Pahadia, is questioning his own divorce granted by the family court at Bandra in Mumbai,...

Failure to inform of need for PSA: $2 million verdict reversed!
CASE ON POINT: Turner v. Rosenfield, 2008 Ohio-1932 (04/24/2008) -OH ISSUE: Was the physician in this case negligent in failing to warn his 60 year-old African American male patient of the need for prostate screening? CASE FACTS: Alvin Turner received general medical care from Dr....

New hearing ordered to determine Whitefish Lake compensation.
A recent decision by the Ontario Court of Appeal paves the way for Whitefish Lake First Nation to receive fair compensation for losses incurred when the First Nation surrendered timber rights to the Crown more than 120 years ago. That surrender took place at the urging of...

IL: expert medical opinion ruled inadmissible: 'expert' had his license suspended at time.
CASE FACTS: Jeremy Somers sought medical treatment for a broken leg from Dr. Michael Quinn. Somers filed suit against Dr. Quinn on June 11, 2001, alleging that Dr. Quinn was negligent in his treatment of his broken leg and that his negligence resulted in injury to him. On July...

Bile duct cut by 'mistake' during gallbladder surgery.
CASE ON POINT: Franco v. Latina, No. 2006-146-Appeal (R.I. 03/05/2007) A.2d -RI ISSUE: In this extraordinary Rhode Island case, a patient's suit against a physician for medical malpractice resulted in two jury verdicts for the physician. Both verdicts were overturned. A jury then awarded the patient over...