Tuesday, May 29, 2018

First Circuit: In wrongful death action under Federal Tort Claims Act, the court vacated and remanded dismissal for lower court to determine whether plaintiffs’ administrative notice of claim was “presented” to the appropriate federal agency within the two-year statute of limitations when the US Postal Service attempted delivery on the last day of the limitations period after the close of business when no authorized recipient was available, so the agency did not come into actual possession of the notice until the following day
First Circuit: In medical malpractice action under Federal Tort Claims Act, the court held that discovery rule extended two-year statute of limitations only until date of death certificate and not until autopsy report because death certificate together with other known circumstances suggested the probable cause of the injury sufficient to trigger an obligation to investigate whether it resulted from medical malpractice
First Circuit: The court held that even if district court in medical malpractice trial erroneously admitted hearsay evidence under the residual exception and business records exception, the error would have been harmless because the jury heard similar evidence from other sources
MHRC: May 21st Meeting minutes include that the Commission has sought approval from the Governor’s office to fill an Investigator vacancy since March 28th

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