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Terminally Ill Med Mal Plaintiffs
Living victims of medical malpractice are almost always, by definition, not in the best of health. Some have lingering problems, such as scars or recurring pain, but others will have sustained injuries that will eventually lead to their demise. Some may not have suffered life-threatening injuries at the hands of their medical providers, but they are expected to die soon anyway from an unrelated terminal illness, or merely old age. In these situations, the necessity of a speedy resolution to the plaintiff's claim is evident; without it, any benefit the victim might have gained from an award will go to his or her heirs rather than to claimant. In addition, the loss of the claimant's personal testimony at trial may prejudice the outcome of the case.
In many states, attorneys representing terminally ill medical malpractice plaintiffs have at their disposal laws that can grease the wheels of the litigation machine, speeding up the process when the claimant's health is in a precarious state. Some of these laws are specifically aimed at helping the plaintiff who is suing the person or entity that allegedly caused the life-threatening situation, while others are more general, allowing for expedited proceedings for anyone who is ill or over a certain age. Knowing about and employing the speedy discovery and trial provisions available in your jurisdiction for clients such as these is imperative to optimal outcomes.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.