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Expert Witnesses Disciplined By Their Own Ranks
In last month's issue we looked at a pending complaint made against a forensic psychologist to the ethics committee of his professional organization by an examinee unhappy with the psychologist's recommendation. We also explored case law in the Seventh Circuit that holds the decisions of professional organizations are not reviewable by the courts as long as the person being disciplined was given procedural due process. In this month's installment, we see how this state of affairs not only negatively impacts the professional prospects of the medical expert but also the free expression of valid medical opinions in the courtroom and other comparable settings.
The Consequences to the Expert's Practice
Perhaps the damages dismissed by the Seventh Circuit's decision can best be illustrated by a later case involving the same Dr. Austin as mentioned in Part One. In Hanley v. Pagnanelli, 830 A.2d 978 (Pa. Super. 2003), plaintiff suffered injury which became apparent a week following her back surgery by the defendant. Doctor Austin was again the expert for the plaintiff. He was again of the opinion that the only cause for the injury had to be the surgery performed by the defendant doctor.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.