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Articles from Related Newsletters
Web Searches As a Litigation ToolInternet Law & StrategyIn any lawsuit, the collection of information on a party or witness is of paramount importance. What seems to someone like innocuous information — such as photographs of vacations and daily activities and postings to special interest Web sites — can materially affect the outcome of a case.
Sex Versus SocietyNew York Family Law MonthlyIn last month’s newsletter, we began discussion of a decision from New York’s Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.
Same-Sex Spousal BenefitsThe Matrimonial StrategistGodfrey v. Spano, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule.
MA Recognizes Medical Monitoring Based on Exposure to Cigarette SmokeLJN's Product Liability Law & StrategyThe Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.
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Headlines
Circuit Court Says U.S. Tort Claims Must State Damages in ‘Sum Certain’In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
The Battle of the ExpertsWhen complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
Inquest on DamagesBecause the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
Med Mal NewsRecent happenings you need to know.
Drug & Device NewsThe latest important news.
VerdictsRecent rulings of importance to you and your practice.
Movers & ShakersWho's doing what; who's going where.
March Issue in PDF Format
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