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Med Mal News
Congress Approves Tort Reform Bill
On July 28, Congress approved a medical malpractice reform bill that would cap non-economic damages at $250,000 and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. Multiple defendants could be held liable only for that portion of harm attributable to them. A limitation would also be placed on contingency fees attorneys in med-mal litigations could earn. One of the more controversial aspects of the bill is that it would protect drug and device manufacturers from being sued for punitive damages by those injured by the drugs or devices if such products were approved by the FDA. Medical practitioners who prescribe any such FDA-approved drug or device could not be named as defendants in any action for product liability. The bill, HR-5, is substantially the same as bills that have passed in Congress before but were later rejected by the Senate.
Florida Doctors Taking Care of Their Own
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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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.