A complaint can permissibly omit the particular names of the material employees that form the basis of a vicarious liability tort claims suit filed in a fact-pleading jurisdiction. In Denmark v. Williams, the Superior Court of Pennsylvania ruled that the law permits plaintiffs to broadly identify in their negligence action the hospital employees or agents who allegedly performed the negligent acts. Section leaders say the decision provides a plaintiff the ability to pursue her claims, without the threat...
The appearance of impropriety standard for determining whether an attorney has a conflict of interest has been abandoned by another state. The proper standard for attorney disqualification is a showing of actual conflict, according to the Kentucky Supreme Court in Marcum v. Scorsone. Contrary to a growing trend, only a few states, including Arkansas, Indiana, and West Virginia, still apply the appearance of impropriety doctrine.
The Potential Conflict
Paul Plante Jr., a shareholder of Arthrodynamic...
Houston’s 14th District Court of Appeals has ordered a legal malpractice case to arbitration. In Cedillo v. Immobiliere Jeuness Establissement, No. 14–15–00101–CV (Tex. App. – Houston [14th], August 27, 2015), a Lichtenstein-based limited partner, Immobiliere Jeuness Establissement (“IJE”), of two Texas limited partnerships (the “Original Partnerships”) initiated litigation against them in 2009. In response, the Original Partnerships secured the services of a San Antonio-based law firm...
Stress has the reverse effect on how people weigh pros and cons than most people expect.
Feeling stressed changes the way people balance risk against reward, psychologists have found.
Surprisingly, being under stress makes people focus on the positive more than they would otherwise.
Professor Mara Mather, who co-authored the research, said:
“This is sort of not what people would think right off the bat.
Stress is usually associated with negative experiences, so you’d think, maybe I’m...
Why exercise feels so rewarding.
The so-called ‘runner’s high’ is down to more than just endorphins, a new study finds.
A neurotransmitter called dopamine — which is involved in motivation — is also responsible for the feeling of well-being.
Professor Stephanie Fulton, the study’s lead author, said:
“We discovered that the rewarding effects of endurance activity are modulated by leptin, a key hormone in metabolism.
Leptin inhibits physical activity through dopamine neurons...
People in general become more forgiving as they get older — but one type of forgiveness reduces depression.
Women who forgive others are less likely to feel depressed, a new study finds.
This was unaffected by whether they felt others had forgiven them.
For men, though, forgiving others and feeling unforgiven was linked to higher levels of depression.
Self-forgiveness, meanwhile, had little impact on depression for either men or women.
Dr Christine Proulx, one of the study’s authors,...
Poor parenting still resonating with people now in their 60s as much as the death of a loved one.
Children of parents who are warmer and less controlling grow up happier, a new study finds.
In contrast, parents who are overly controlling tend to bring up children with worse mental well-being.
Dr Mai Stafford, one of the study’s authors, said:
“We found that people whose parents showed warmth and responsiveness had higher life satisfaction and better mental wellbeing throughout early,...
Last year, we (a couple of people who knew nothing about how voice search works) set out to make a video about the research that’s gone into teaching computers to recognize speech and understand language.
Making the video was eye-opening and brain-opening. It introduced us to concepts we’d never heard of – like machine learning and artificial neural networks – and ever since, we’ve been kind of fascinated by them. Machine learning, in particular, is a very active area of Computer Science...