Westlaw Journals weekly round-up

January 29, 2015

Westlaw Journals Weekly RoundupSome highlights from recent litigation news headlines over at the Westlaw Journal blog include a commentary on the Montreal Convention and how it applies to in-flight emergencies, the NLRB’s ruling on organizing through company email and the Mississippi high court says two med-mal plaintiffs can sue a state-operated hospital:

The Montreal Convention: Assessing flight crew response to medical emergencies: Attorneys Joseph J. Ortego and Tom M. Mealiffe of Nixon Peabody discuss courts’ recent application of the Montreal Convention to cases involving in-flight medical emergencies. (Aviation)

NLRB says workers can use company email to organize: An employer cannot bar workers with access to company email from using the “predominant” workplace communication tool for union organizing activities during nonworking time, the National Labor Relations Board has ruled. In order to protect workers’ rights to join and form labor organizations as guaranteed by Section 7 of the National Labor Relations Act, companies must allow the use of email to organize and discuss workplace issues because email is so widespread, it is “effectively a new ‘natural gathering place’” at work, the board said. (Employment)

Mississippi high court finds med-mal suit timely despite pre-suit notice error: Two medical malpractice plaintiffs tolled Mississippi’s one-year limitations period by filing a complaint against a state-operated hospital even though they did not provide proper pre-suit notice to the medical facility’s CEO, the state’s highest court has ruled. In a Jan. 8 opinion written by Justice Ann H. Lamar, the state Supreme Court held that a trial judge properly denied Tallahatchie General Hospital’s motion to dismiss the plaintiffs’ second complaint on statute-of-limitations grounds. (Medical Malpractice)