Who Does She Think She Is?

Posts tagged ‘Third Circuit’


A Lie By Any Other Name….

Posted by Joni in Legalese


is still a lie in my book. And apparently, thankfully, it still is as far as the Third Circuit’s Chief Justice Edward Becker is concerned. Read all about it here.

The case stems from the acts of several nurses at Scirex, a testing lab, who sent four patients home from their clinical trials early, and then reported observations allegedly made during that eight-hour period. When Scirex filed a $1.2 million claim against its “employee dishonesty” policy it held with Federal Insurance, Federal denied Scirex’s claim, saying that the nurses’ acts were negligent, but not dishonest. A federal trial court agreed.

However, on appeal, the Third Circuit ruled that the nurses did act dishonestly, but limited Federal’s liability to $280,000, the limit for one occurrence. Chief Justice Becker had this to say about the nurses’ actions: “We are satisfied that, whatever may be said of the decision to send patients home early in violation of protocol, the nurses? practice of submitting records containing observations they did not make is ineluctably and irrefutably dishonest.”

Well, duh. They lied. They made up a story of an event that never happened. No matter how you slice it or what you call it, it’s a lie, through and through. (Supposedly, the nurses were under the mistaken belief that the patients were not required to stay for the duration of the eight-hour period; if that were the case, then, why did they all feel compelled to account for those eight hours?)

Read the opinion here.