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

Archive for the ‘National’

CDC Updated Guideline on Prescribing Opioids for Pain

photo of several pills and 2 opioid prescription bottlesThe Centers for Disease Control and Preventions (CDC) recently published the Clinical Practice Guideline for Prescribing Opioids for Pain, which updates and expands 2016 recommendations “for clinicians providing pain care for adult outpatients with short- and long-term pain.”  The 2022 Clinical Practice Guideline addresses four areas:  “(1) determining whether to initiate opioids for pain, (2) selecting opioids and determining opioid dosages, (3) deciding duration of initial opioid prescription and conducting follow-up, and (4) assessing risk and addressing potential harms of opioid use.”  The voluntary recommendations “do not apply to pain related to sickle cell disease or cancer or to patients receiving palliative or end-of-life care.”  CDC developed the recommendations using the Grading of Recommendations Assessment, Development, and Evaluation (GRADE) system of evaluating intervention recommendations, and gathered input from the National Center for Injury Prevention and Control’s Board of Scientific Counselors, peer reviewers, and the public.  The recommendations “are based on systematic reviews of scientific evidence and reflect considerations of benefits and harms, patient and clinician values and preferences, and resource allocation.”

CDC Advisory Committee Updates Immunization Schedules

CDC LogoThe Centers for Disease Control and Preventions (CDC) Advisory Committee on Immunization Practices (ACIP) recently voted to update the 2023 child and adult immunization schedules, including “incorporating additional information for approved or authorized COVID-19 vaccines.”  The ACIP did not make any changes to its COVID-19 vaccine recommendations  – the updates will “simply help streamline clinical guidance for healthcare providers by including all currently licensed, authorized and routinely recommended vaccines in one document.”  The updated immunization schedules and guidance will be published in early 2023.  The ACIP is composed on medical and public health experts who develop recommendations that “stand as public health guidance for safe use of vaccines and related biological products” in the United States.  CDC makes recommendations on vaccine use, but state or local jurisdictions determine school-entry vaccination requirements.  For example, the Ohio Department of Health (ODH) provides guidance on immunizations, including the Ohio Immunization Summary for School Attendance chart and more detailed information in the ODH Director’s Journal Entry on “Approved Means of Immunization Pursuant to Sections 3701.13 and 3313.671 of the Ohio Revised Code.”

This House Is Haunted – How to Prove Your Case Using Am Jur Proof of Facts

When your client comes to you complaining of blood seeping through the floorboards and unexplained knocking sounds in her recently purchased Victorian house, you know you are in for an interesting case. Investigating further, you discover that the original owner was murdered on the premises and his ghost is said to wander the halls at night generally making his presence known in unpleasant ways. It’s  definitely a creepy house. The seller never got around to telling your client about the murder, the ghost, or the messy floorboards.

You’re thinking you might have a case against the seller for failure to disclose the “stigmatized” nature of the property – knowing that a notorious murder happened in the house should probably have been part of the real estate transaction. But the haunted part? Turns out, you may have a case.

American Jurisprudence Proof of Facts 3d, which is available in print and through Westlaw, is the perfect trial guide to show you how to prove the facts of your case in court, or to defend them. Each article in Am Jur Proof of Facts includes “proofs”—a series of sample questions and answers to witnesses—that you can use to establish the factual evidence in your case. Along with the proofs, in each article you’ll find a discussion of the substantive law, checklists of elements, references to primary and secondary sources, hypothetical factual situations, and helpful tips.

Your spooky legal research leads you to an Am Jur Proof of Facts article right on point – Liability to Purchaser of Real Property for Failure to Disclose That Property is Haunted, or Was Scene of Murder, Suicide, or Other Notorious Death (149 Am. Jur. Proof of Facts 3d 1). You’re in luck, as the article covers both the nondisclosure of the murder as well as the haunting. It walks you through the legal background of the issue, discusses the elements of proof, offers model pleadings and discovery, and provides numerous proofs based on the testimony of the plaintiff, experts and other witnesses.

About the haunting specifically, there are some pretty awesome details. Since not everyone believes in ghosts as grounds for liability, you’re advised to choose jurors who “at least have an open mind on these issues.” The proofs about the haunting are the best. Some sample ghostly proofs include –

  • Have you always believed in ghosts?
  • What makes you think that your house is haunted?
  • Have the ghosts tried to drive you out of the house?
  • Have they ever tried to harm you physically?

Ghosts are just as likely to turn up in court as they are in a haunted Victorian house. For information on how to use Causes of Action to bring a similar case, see our earlier blog post.

Happy haunted research!

U.S. & International Law with Art Law Focus at Library Conference

Law librarian Amy Burchfield recently had the opportunity to attend the 40th Annual Course of the International Association of Law Libraries held at Stanford University. The conference covered U.S. and international law and technology, and included a one-day workshop on art law. The art law workshop included a presentation by Mei Li, the Assistant General Counsel for the San Francisco Museum of Modern Art on the contractual and insurance intricacies of relocating Diego Rivera’s massive mural, Pan American Unity.

The conference included tours of the Stanford University campus, which is beautiful.

Hamilton County Judge Issues Preliminary Injunction Against Ohio’s Abortion Law

In an update to our previous post on the temporary restraining order on Ohio’s abortion law, Hamilton County Common Pleas Judge Christian Jenkins granted a preliminary injunction against Ohio’s six-week abortion ban.

Abortion remains legal in Ohio up to 21 weeks and six days after someone’s last period, close to the viability stage at which the U.S. Supreme Court drew its line in the 1992 case Planned Parenthood v . Casey