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 Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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