Court allows wrongful death lawsuit after miscarriage

Lawyer Interviews

The Alabama Supreme Court has ruled that a woman can pursue a wrongful-death lawsuit against an obstetrician after a miscarriage when she was five to six weeks pregnant.

Justices on Friday reversed a trial judge's order dismissing the wrongful-death claim.

In the civil case ruling, the justices cited a 2009 state law making it a crime to kill or harm "an unborn child in utero at any stage of development."

The case involved a newly pregnant woman experiencing abdominal cramping and fever. The physician suspected an ectopic pregnancy and administered an injection to stop the progression. It was determined later that the pregnancy was uterine.

The woman sued, arguing that the injection caused pregnancy loss. The physician said that the pregnancy was already failing and that she followed standard practices.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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