News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for December, 2015


Library Hours for Winter Intersession

We will have the following hours during winter intersession:

Friday, December 25th – Sunday, January 3rd – Closed
Monday, January 4th – Friday, January 8th – 7:00a.m. – 6:00p.m.
Saturday, January 9th – 9:00a.m. – 5:00p.m.
Sunday, January 10th – 10:00a.m. – 10:00p.m.

Regular hours for spring semester resume on Monday, January 11th.

Enjoy the break!

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FDA Updated Blood Donor Deferral Policy

The U.S. FFDA logoood and Drug Administration has just updated its blood donor deferral policy, recommending that men who have sex with men (MSM) be deferred only if they have had sexual contact with another man within the past 12 months.  The previous policy deferred MSM indefinitely.    The updated policy “is supported by the best available scientific evidence,” and better aligns “the deferral period for MSM with the deferral period for other men and women at increased risk for HIV infection – such as those who had a recent blood transfusion or those who have been accidentally exposed to the blood of another individual.”  Each unit of donated blood is still required to be tested (21 C.F.R. 610.40) for infectious diseases, including Human Immunodeficiency Virus, Human T-Lymphotropic Virus, Hepatitis B and C Viruses, and Syphilis (Treponema pallidum).  The updated blood donor deferral policy follows the November 2014 recommendations of the Advisory Committee on Blood and Tissue Safety and Availability, and the 5/15/15 FDA announcement of proposed revisions to the policy (80 Fed. Reg. 27973).  For additional information, see the FDA Revised Recommendations for Reducing the Risk of Human Immunodeficiency Virus Transmission by Blood and Blood Products – Questions and Answers page.

This Just In…Crude Justice

crudeIn Crude Justice, attorney Stuart Smith reveals the ruthless bag of tricks Big Oil employs everywhere from small town oil fields to state courthouses to the highest offices of Washington, DC.

Smith is a practicing plaintiff attorney licensed in Louisiana. He is a founding partner of the New Orleans-based law firm Smith Stag, LLC. The firm’s practice is concentrated in the fields of environmental law and toxic torts. Smith has practiced law for nearly 25 years and is recognized internationally as a crusader against major oil companies and other polluters for damages associated with radioactive oilfield waste.

Smith has also been lead counsel on more than 100 oil pollution cases, which focus primarily on damages caused by the wastewater and sludge oil companies discharge into the environment. Smith’s litigation experience includes a lawsuit against Ashland Oil for contaminating the Lee aquifer, once one of the largest sources of fresh water for residents in eastern Kentucky. He also sued Chevron Corporation for damages associated with that company’s contamination of the groundwater in the rural town of Brookhaven, Mississippi. His firm also represents clients injured by chemicals and defective drugs.

Smith is currently representing commercial fishermen, whose livelihoods have been devastated by the Deepwater Horizon oil spill in the Gulf of Mexico.

Looking for Things to Do in Cleveland During the Holidays?

Cleveland.com has a great calendar of things going on – so you can’t complain there is nothing to do!

Other great possibilities of things to do in Cleveland are see the Cavs or Monsters at the Q, catch a play at a Playhouse Square theater, go to the Cleveland Museum of Art, toboggan at the Cleveland Metro Parks, or ski at Boston Mills.

Of course, Cleveland is known for music-so you may want to visit the Rock and Roll Hall of Fame. If you want to see live music there are lots of great venues just down the road too: House of Blues, Beachland Ballroom, Music Box Supper Club, The Grogg Shop, and The Agora.

New Guidance on ACA State Waivers

DHHS logoThe U.S. Department of Health and Human Services and U.S. Department of the Treasury recently released guidance (80 Fed. Reg. 78131, 12/16/15) for State Innovation Waivers under Section 1332 of the Affordable Care Act (Pub. L. No. 111-148, Title I, §1332, 124 Stat. 203, 3/23/10; 42 U.S.C. 18052).  Prominent in the list of waiver proposal requirements is “that the waiver would provide coverage to a comparable number of residents of the state as would be provided coverage absent the waiver, would provide coverage that is at least as comprehensive and affordable as would be provided absent the waiver, and would not increase the Federal deficit.”  If approved, the state may receive pass-through funding – “the amount of forgone Federal financial assistance that would have been provided to is residents pursuant to specified ACA programs.”  State Innovation Waivers are available for effective dates of 1 January 2017 and later, may be approved for up to five years, and can be renewed.  The recent guidance expands upon 2012 state waiver regulations (45 C.F.R. 155; 31 C.F.R. 33), and comments on the guidance may be submitted at any time.  For additional information, see the U.S. Center for Consumer Information & Insurance Oversight Section 1331: State Innovation Waivers page.