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Secretly Recorded Patient Conversations – How Doctors Can Protect Themselves

More than ever, patients are requesting to record conversations with their health care providers. Unfortunately, there has also been an alarming number of medical malpractice cases filed where patients have secretly recorded their doctors and nurses and have effectively elicited detrimental comments made in the spirit of disclosure and with the sense, from the physician’s perspective, that the conversations were private. How can doctors protect themselves against patient use of technology? Read more: Medical Malpractice – Secret Recordings

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Roger Fry to Receive CBA Professionalism Award

Rendigs attorney W. Roger Fry will receive the John P. Kiely Professionalism Award during the Cincinnati Bar Association Annual Meeting on April 29, 2016. Per the CBA website, this award “recognizes a trial lawyer for possessing outstanding trial skills and demonstrating the highest degree of professionalism, civility and ethical standards in his or her daily practice.” The award is named after Rendigs Partner John P. Kiely who was widely lauded for his ethical approach to the practice of law. Roger has been with Rendigs for 54 years.  His practice focuses on litigation, with an emphasis on construction, commercial law, and insurance coverage. He also has substantial experience in art and tribal art law, firearms litigation, fire litigation, and class action litigation. Roger is a Fellow of the American College of Trial Lawyers and an Advocate of the American Board of Trial Advocates. He is also a member of the Federation of Defense and Corporate Counsel.

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Do you have coverage for defective workmanship?

The answer to the question of coverage for defective workmanship depends upon the location where the work is being performed and specifically which state law is applied to the coverage question. While the majority of the states maintain a position that defective workmanship is not covered because it is not an “occurrence,” there appears to be a growing number of states that embrace the position that there are some circumstances, particularly when the defective work is performed by subcontractors, that the defective workmanship can be covered. Read More: Understanding CGL Policy Coverage

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The Dog Ate My Homework

On January 4, 2016 a federal judge in Seattle vacated a $21.5 million verdict to a man injured by a closing cruise ship door in 2011.  The verdict was vacated because the plaintiff, James Hausman, deleted e-mails that were requested by the defendant, Holland America, during discovery.  Destroying or spoliating the evidence can result in extreme sanctions for the attorneys and reversed decisions for winning parties.   Read More:  January 2016 – Evidence Spoliation

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2016 John P. Kiely Professionalism Award

The Cincinnati Bar Association is now accepting nominations for the 2016 John P. Kiely award.  Per the CBA, “This award recognizes a trial lawyer for possessing outstanding trial skills and demonstrating the highest degree of professionalism, civility, and ethical standards in his or her daily practice.”  This award is named after Rendigs named Partner John P. Kiely who strongly exuded these characteristics to the legal community during his tenure. To nominate someone please contact Maria Palermo by January 29, 2016 at (513) 699-1402.

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W. Roger Fry Honored by CBA

Rendigs and the Cincinnati Bar Association are recognizing W. Roger Fry at the 2015 Senior Counselor’s Luncheon.  This celebration which honors CBA members who have turned 75 or have been in practice for 50 years, is being held on October 21, 2015 at noon in the Hall of Mirrors in Downtown Cincinnati. For more information or to purchase tickets, visit www.cincybar.org.

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If they can’t pay, sue everyone!

One of the main reasons business owners form an LLC or incorporate is to shield themselves from personal liability for company debts. To justify the notion of limited liability for owners, corporations and limited liability companies have long been considered fictitious legal entities that are separate and apart from their owners. However, if a litigious claimant convinces a court that the owner is merely the alter ego of the company, the owner of a corporation or LLC can be held personally liable for company debts. Read More – August 2015 Legal Update

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