• Features

    Increased Scrutiny for Cy Pres Provisions in Class Action Settlements

    Joshua L. Becker and Brad M. Strickland

    Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a cy pres recipient, but courts are starting to question such moves more thoroughly.

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  • Features

    Defamation and the Disgruntled Defendant

    Janice G. Inman

    Anti-SLAPP Legislation and Defamation Claims

    Part Two of a Two-Part Article

    After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.

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  • Columns & Departments

    Case Notes

    The U.S. Supreme Court is deciding whether to consider the case of Southern Baptist Hospital of Florida v. Charles, which pits a plaintiff against a hospital in the ongoing battle over which documents are privileged as adverse event records for the improvement of quality of care, and which must be turned over to aggrieved patients and their families.

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  • Drug & Device News

    Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's Gunn test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.

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  • Columns & Departments

    Med Mal News

    On Sept. 20, Florida's Agency for Health Care issued a emergency order suspending the license of the Rehabilitation Center of Hollywood Hills, the Tallahassee nursing home where 11 people died in the days after Hurricane Irma struck Florida.

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  • Verdicts

    In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.

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