McLaren Health

Eileen Krueger, Corporate Webmaster

Phone: 989-894-6420  Email: Eileen.Krueger@mclaren.org  Website: http://www.mclaren.org   (Note: Secure Intranet not accessible publicly, please contact us for screenshots)

McLaren Health Care is a fully integrated health network.  The McLaren system includes multiple hospitals, ambulatory surgery centers, imaging centers, freestanding dialysis centers, a regional network of cancer centers and providers, an employed primary care physician network, assisted living facilities, commercial and Medicaid HMOs, home health care and hospice, durable medical equipment, retail pharmacy services, and a wholly-owned medical malpractice insurance company. McLaren has 15,000 employees and more than 10,000 network physicians. The operations and services of MHC are housed in nearly 150 facilities serving a 32-county market with a population in excess of 3.5 million lives.

McLaren is a former Medseek client uses Centralpoint for all 12 hospital sites and a number of centers and practices. They had 60 days to migrate from their prior vendor. Oxcyon’s production department completed the total migration in 42 days

Executive Summar

Our company is based in New Hampshire, and is dedicated the best products made in our industry!!

Alternate Indemnity

Vendor agrees to indemnify Customer against all liability and expense, including attorneys’ fees, arising from or in connection with any third party claim, action or proceeding instituted against Customer based upon any infringement or misappropriation by the Software or Work Products of any patent, registered copyright or registered trademark of a third party that is enforceable in the United States, provided that Vendor:  (1) is notified immediately after Customer receives notice of such claim; (2) is solely in charge of the defense of and any settlement negotiations with respect to such claim; (3) receives Customer’s reasonable cooperation in the defense or settlement of such claim; and (4) has the right, upon either the occurrence of or the likelihood (in the opinion of Vendor) of the occurrence of a finding of infringement or misappropriation, either to procure for Customer the right to continue use of the Software or Work Products, or to replace the relevant portions of the Software or Work Products with other equivalent, non-infringing portions.  This indemnification shall not be subject to any limitation of liability that may be provided for elsewhere in this Agreement.

Confidentiality

CLIENT agrees to keep confidential and not to disclose to third parties any information provided by COMPANY pursuant to or learned by CLIENT during the course of this Agreement unless CLIENT has received the prior written consent of COMPANY to make such disclosure. This provision shall survive expiration and termination of this Agreement. This obligation of confidentiality does not extend to any information that:  1) Was in the possession of CLIENT at the time of disclosure by COMPANY, directly or indirectly; 2) Is or shall become, through no fault of CLIENT, available to the general public; or 3) Is independently developed and hereafter supplied to CLIENT by a third party without restriction or disclosure.

Entire Agreement

This Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written, WHEREIN. (hereinafter referred to as Employee) and Our Company intend to enter into a mutual memorandum of understanding.

Invalid Provisions

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severeable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

Indemnification

To the fullest extent permitted by Law, the (named party) will defend, indemnify and hold harmless [Institution], including its current and former trustees, officers, directors, employees, volunteer workers, agents, assigns and students from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of, or from the performance of its operations or services and for the acts or omissions of its directors, officers, employees, contractors or subcontractors, volunteers, participants, guests or any third party for whom it is responsible, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist in the absence of this agreement.Policy - General

PURPOSE (A concise statement of the rationale for the policy, including if appropriate, reference to external regulation, further policy discussion, etc. Provide a summary (in one paragraph) and clearly state the important policy content (e.g., who will or will not do what and in what context). APPLICABILITY (Exactly whom the policy applies to and the consequences for non-compliance, if applicable.) POLICY STATEMENT (A concise statement of the policy.) IMPLEMENTATION PROCEDURES (Provide detailed procedures that are necessary to carry out the intent of the policy.) DEFINITIONS (Definitions of terms – as needed.) REFERENCES (Cite related laws, regulations, or policies. Give complete references and ensure that documents cited are readily available. If needed, provide additional background discussion here.) RESPONSIBILITY (State who is responsible for assuring adherence to this policy and what the specific responsibilities are.) RESOURCES AND TRAINING Identify the office and specific individual position/ title – with telephone number and email address, as appropriate – that should be contacted for interpretations, resolution of problems, and special situations

Legal Brief

Sample Brief—Marbury v. Madison, 5 U.S. 137, 1 Cranch 137 (1803)

 

FACTS:  William Marbury was one of President Adams’ “midnight appointments.” All of the necessary paperwork and procedures were completed to secure his appointment as a justice of the peace for Washington, D.C., but Secretary of State John Marshall – himself a midnight appointee to a somewhat more exhalted judicial position – failed to deliver his commission.  Upon assuming the presidency, Jefferson ordered his Secretary of State – James Madison – not to deliver the commission.  Under authority of the Judiciary Act of 1789, Marbury sued to ask the Supreme Court to issue a writ of mandamus to force Madison to deliver the commission.

ISSUES: 1) Does Marbury have a right to this commission?  2) If he has a right, is there a remedy at law to realize it?  3) If there is a remedy, is it one that can issue from the Supreme Court? 

HELD:  1) Yes.  2) Yes. 3) No.

REASONING  (Marshall for a 6-0 Court):

To 1.  Because Marbury’s commission was signed by the President and sealed by the Secretary of State, he has a legal right to the commission.

To 2.  Because the signing and sealing completed the appointment process, denial of the commission is a violation of the law.  In a government of laws, a violation of the law creates a governmental responsibility to remedy the violation.  A writ of mandamus is such a remedy.

To 3. The Constitution is the “supreme law of the land” (Art. VI).  As such, it is “superior” and  “fundamental and paramount.”  It establishes “certain limits” on the power of the government it creates.  This includes the Congress.  Without such limits, “it would be giving to the legislature a practical and real omnipotence.”  Thus, “a legislative act contrary to the Constitution is not law.”

            “It is emphatically the province and duty of the judicial department to say what the law is.”  When a case comes to the Supreme Court, the Court must decide that case according to the law.  If “ordinary” (statutory) legislation conflicts with the limits imposed on government by the Constitution, the fundamental law must govern the ordinary.   If the legislature passed an act that the Constitution forbids – like a tax on interstate sales, an ex post facto law, or a treason conviction based on something other than two witnesses or a confession in court – the courts would have to strike it down.  Otherwise, the Constitution would not limit government.  Courts have this power because they decide cases under law; judges take an oath to uphold the Constitution, and this is part of that function.

            Following these principles, Marbury cannot receive a mandamus from the Court.  The Constitution creates two categories of jurisdiction for the Supreme Court – original and appellate.  Congress, under Article III, has the power to regulate appellate jurisdiction; no such power, however, is given for the regulation of original jurisdiction.  The latter is completely and exclusively defined by Article III – it cannot be added to or taken away from.  The provision of the Judiciary Act of 1789 which added matters of mandamus to the original jurisdiction of the Court, therefore, is beyond the power given to Congress by the people in the Constitution.  Having no legitimate jurisdiction over this matter, the Court cannot provide Marbury with the remedy he seeks.

DECISION:  Dismiss for want of jurisdiction.

DISSENTS:  None 

SIGNIFICANCE:  Marshall, relying heavily on “logical reasoning” and little constitutional text, read the power of judicial review over acts of the national government into American constitutional law.  This power was extended over the actions of state governments in Martin v. Hunter’s Lessee (1816) and state courts in Cohens v. Virginia (1819), and is 1) the source of most of the authority the Court has come to know, and 2) the focal point of the ultimate debate about the Court’s proper constitutional role: should it exercise this power frequently (activism) or sparingly (restraints).

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Weapon-Free Workplace Policy

The purpose of this policy is to ensure that ([cp:scripting key='AudienceInfo' attributesystemname='Name' /]) maintains a workplace safe and free of violence for all employees, the company prohibits the possession or use of perilous weapons on company property.  A license to carry the weapon on company property does not supersede company policy.  Any employee in violation of this policy will be subject to prompt disciplinary action, up to and including termination or expulsion from the Simulated Workplace program.  School and county policies for disciplinary measures regarding weapons on a school campus will be upheld.  All company employees are subject to this provision, including contract and temporary employees, visitors and customers on company property. “Company property” is defined as all company-owned or leased buildings and surrounding areas such as sidewalks, walkways, driveways and parking lots under the company’s ownership or control.  This policy applies to all company-owned or leased vehicles and all vehicles that come onto company property. “Dangerous weapons” include, but are not limited to, firearms, explosives, knives and other weapons that might be considered dangerous or that could cause harm.  Employees are responsible for making sure that any item possessed by the employee is not prohibited by this policy. ([cp:scripting key='AudienceInfo' attributesystemname='Name' /]) reserves the right at any time and at its discretion to search all company-owned or leased vehicles and all vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures and persons entering its property, for the purpose of determining whether any weapon has been brought onto its property or premises in violation of this policy.  Employees who fail or refuse to promptly permit a search under this policy will be subject to discipline up to and including a termination.

Introduction

The ability to write a clear and persuasive brief is one of the most important weapons in a lawyer's armory; this is especially true for appellate practitioners. Although oral advocacy skills are important, a litigant's briefs are reviewed long before oral argument, when judicial law clerks are drafting their bench memoranda and judges are deciding how to approach oral argument and decide a case. Briefs are often reviewed a second (or third, fourth, or fifth) time after oral argument-when judges and their clerks are crafting the court's decision and revisiting the issues that the court must decide. For these reasons, a clear and persuasive brief often has a greater impact than even the most inspired oral argument. Moreover, it is becoming increasingly common for courts to decide cases without oral argument. In those instances, a compelling brief is critical to a litigant's success, and the only way to make an impact on the court.


       The ability to write and recognize a persuasive brief is important to lawyers throughout their careers. Junior attorneys are often responsible for initially writing a brief. Senior attorneys often review those briefs *418 and either rewrite or edit them (as circumstances require). In-house counsel may then review the briefs once more, providing additional edits and comments and addressing concerns. Wherever you happen to be in your career, it is important to know how to write, rewrite, edit, recognize, and review an effective brief. This Article offers a number of guidelines for crafting such briefs and provides a number of practical pointers to help lawyers along the way from writing through final review.


More specifically, this Article offers seven general guidelines for writing persuasive briefs. Those guidelines, each of which is discussed in Part II, are as follows: (1) begin your brief with a compelling recitation of the relevant facts; (2) acknowledge the applicable legal standard and use it to your benefit; (3) carefully pick your strongest arguments; (4) present your arguments logically; (5) present your arguments simply and concisely; (6) be accurate, fair, and even-handed; and (7) follow the court's rules and sweat the details. Finally, although the discussion of these guidelines is focused primarily on appellate briefs, it is important to note that almost everything we write here applies equally to trial court briefing. After all, a good brief is a good brief