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Author Archives: Deborah Elkins

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Surety Has Both Tort, Contract Claims (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, win dismissal of defendants’ counterclaims, which are essentially restatements of defendants’ affirmative defenses, ...

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Doctor Emails Protected by ‘Patient Safety’ Privilege (access required)

The federal Patient Safety Act privilege covers email communications between defendant doctor and the hospital’s designated patient safety officer, even if the emails were never actually sent to a “patient safety organization,” and the Norfolk Circuit Court denies plaintiff’s motion ...

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