SEEKING TO TREAT A PATIENT OVER THEIR OBJECTIONS

Because of some reason or issue in the parent/child relationship, the patient’s daughter refused to be the decision maker in her mother’s care.

KINGS COUNTY HOSP. v. MR, 2023 NY Slip Op 50647 – NY: Kings Supreme Court 2023:

STEVEN Z. MOSTOFSKY, J.

Kings County Hospital (KCH) filed an application to treat M.R. over her objection under the Family Healthcare Decisions Act, Public Health Law (PHL) § 29-cc. The statute permits the hospital to bring this special proceeding for M.R.’s … Read the rest

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

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If anything is clear after Tuesday’s argument in Coinbase v. Bielski, it is that the justices are not going to agree on the answer. The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. So in these cases (proposed class actions against Coinbase, a … Read the rest

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

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The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v. Garland, which the Supreme Court will hear on Tuesday. In … Read the rest

FSIS seeking public comments on a number of proposed rules and regulations for the USDA

The USDA’s Food Safety and Inspection Service are seeking public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage.

Of note is that FSIS extended the written comment period on the proposed Salmonella framework to Dec. 16, 2022. Written comments should be submitted through Regulations.gov. Visit the FSIS website to view the Federal Register notice and details on how to comment.

FSIS is currently seeking comments on the following:

  • Until December 16: Proposed Framework for Controlling Salmonella
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Court declines to take up petition seeking to overturn Insular Cases

Court declines to take up petition seeking to overturn Insular Cases

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The Supreme Court will not reconsider the Insular Cases, a widely criticized and racist group of early 20th-century decisions holding that the residents of U.S. territories do not automatically enjoy all of the rights protected by the Constitution. The announcement came on a list of orders released on Monday morning from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the 2022-23 term.

The request to overrule the Insular … Read the rest