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Articles from Related Newsletters
Does Joinder of a Forum Defendant Always Prevent Removal?The Insurance Coverage Law BulletinA state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. §1441(b). This is commonly known as the "forum defendant rule." The rule reflects the assumption that "[federal] diversity jurisdiction is unnecessary because there is less reason to fear state court prejudice against the defendants if one or more of them is from the forum state."
Changes Coming for Customer Personal DataThe Corporate CounselorNevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.
Tafas v. Doll: Where Is the USPTO Headed?The Intellectual Property StrategistIn what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office ("USPTO") in 2007.
Recent Tax and Estate Planning DevelopmentsThe Matrimonial StrategistA payor-ex-spouse buying life insurance for the payee-ex-spouse as part of a divorce settlement is almost ubiquitous. Although estate planners routinely recommend that clients review their planning periodically — especially if a change occurs — few clients tend to listen. The cost of not heeding that advice, and a few interesting legal issues, were pointed out in a recent case.
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Headlines
Off-Label Promotion of Drugs and Medical DevicesA spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
Stimulus Funds For Electronic Medical Record SystemsOne of the newer ideas for reducing medical errors is to have medical providers use electronic medical record keeping methods. However, the single greatest inhibitor to taking advantage of technology is the requirement for an initial investment and, in the medical records technology area, this could be significant.
New Jersey’s Medical Error Reporting Law, And What It Will AccomplishAn examination of the reasons why health care providers fail to meet their ethical obligation to disclose errors can shed light on how mandatory error reporting will change malpractice litigation.
The HITECH Act And Health Care AttorneysPresident Barack Obama executed The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act") on Feb. 17, 2009. The new legislation, while aimed at stimulating the economy and increasing patient safety, has another side that health law attorneys need to be aware of.
Med Mal NewsThe latest news you need to know.
Drug & Device NewsRecent happenings of importance.
VerdictsRecent rulings of importance to you and your practice.
Movers & ShakersWho's doing what; who's going where.
July Issue in PDF Format
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