August 9, 2008
Tid Bits - Catching up
Michigan Supreme Court interprets med mal reform statute as amended. The statute was MCL 600.2912a(2), which prohibits recovery for the loss of an opportunity to survive or achieve a better result unless the opportunity was greater than 50 percent. The case resulted in a 3-way split decision and I'm not sure they resolved anything other than the case on appeal. It's in Stone v. Williamson, __ N.W.3d __ (Michi. July 24, 2008).
Arizona Court of Appeals Addresses Odd Sentencing Issue. The issue was whether the phrase "intentional or knowing," in Arizona Revised Statute 13-702(G) (Supp. 2007), applies only to "serious physical
injury" or also to "the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument"? The court, interestingly, relied on the way the legislature used the phrase "intentional or knowing" in other statutes in reaching its unanimous conclusion, in State v. Garcia, __ P.3d __ (Ct. App. Ariz. July 24, 2008).
Louisiana Federal Court Notes Split on 29 USCA § 203. The opinion in the case is on Westlaw, but not on the court's website. It's at 2008 WL 2811225, Collins v. Sanderson Farms. (E.D. La. 2008). The question was whether certain poultry employees should be paid overtime for the time spent donning protective clothing.
I've got a lot more to catch up on.