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  • Verdicts

    November 02, 2017 |

    In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.

  • Increased Scrutiny for Cy Pres Provisions in Class Action Settlements

    November 02, 2017 |

    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.

  • Case Notes

    November 02, 2017 |

    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.

  • Med Mal News

    November 02, 2017 |

    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.

  • Drug & Device News

    November 02, 2017 |

    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.

  • Defamation and the Disgruntled Defendant

    November 02, 2017 |

    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.

  • Challenges to the Admissibility of Evidence in the 'Omics' Era

    October 02, 2017 |

    Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.

  • Verdicts

    October 02, 2017 |

    In-depth analysis of two key rulings.

  • Drug & Device News

    October 02, 2017 |

    Discussion of cases involving opioid addiction and medical marijuana in the workplace.

  • Assigning Claim Value

    October 02, 2017 |

    Lawyers Must Weigh Potential Liability

    This article outlines some of the issues relevant to a determination of whether an attorney's inaccurate valuation could create potential malpractice liability.

  • Defamation and the Disgruntled Defendant

    October 02, 2017 |

    Part One of a Two-Part Article

    Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.