Thursday, December 31, 2015

Monday, December 14, 2015

GREGORY CHANDLER--TO BLOG OR NOT TO BLOG





I came upon an interesting case today out of Florida.  In the case, a blog maintained by a university student to comment on issues of public concern, which included allegedly defamatory blog posts regarding an incident in which a landowner's friend shot two dogs on the landowner's property, constituted "other medium" within the meaning of a statute entitling media defendants to pre-suit notice of a libel action involving publications in a newspaper, periodical, or other medium.

Thus, the blogger was entitled to pre-suit notice of the defamation and libel action brought by the landowner's friend.  The blog was a public medium, the purpose of which was the free dissemination of news or analytical comment on matters of public concern.  

The case is Comins v. Vanvoorhis, 2014 WL 1393081 (Fla. App. 5 Dist.) 


Gregory Chandler, Attorney at Law 

Sunday, March 1, 2015

Wednesday, February 11, 2015

GREGORY CHANDLER--Functional Magnetic Resonance Imaging (fMRI)





In what may be a matter of first impression, an expert's proposed testimony as to functional magnetic resonance imaging (fMRI) testing, indicated that a defendant was generally truthful when he said that he attempted to follow proper billing practices in good faith, was inadmissible in a prosecution for healthcare fraud. 

There was no quantifiable error rates for fMRI testing, there were concerns about whether fMRI lie detection could be tested, and there was no formal research presented demonstrating how the brain might respond to fMRI testing. 

The case is, U. S. v. Semrau, 2012 WL 3871357 (C. A. 6-Tenn.)


GREGORY CHANDLER, Attorney at Law

Monday, February 9, 2015

GREGORY CHANDLER--ABORTION LITIGATION





In a defeat to abortion opponents, the Oklahoma Supreme Court held, in accordance with the United States Supreme Court, that an Oklahoma state statute prohibiting the knowing or reckless prescription of abortion medications is facially unconstitutional. 

The case is, Oklahoma Coalition for Reproductive Justice v. Cline, 2012 WL 6028837 (Okla.)


GREGORY CHANDLER, Attorney at Law