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Med Mal News
Is There Such a Thing As 'Publishing Malpractice'?
The U.S. Court of Appeals for the First Circuit is weighing whether a trial court erred in dismissing suits brought by two infants who suffered birth injuries; the children's suits in this instance were not against their medical care providers, but against the authors of a journal article. The defendants in the infants' underlying med mal cases relied on the article in question, published by Elsevier Inc., for their proposition that birth injuries to the brachial plexus can occur even without doctor-applied traction and without the baby's shoulder being stuck inside the birth canal for too long. They were able to get the suit summarily dismissed. Now, these plaintiffs contend that they can disprove the article's theories, and that the authors and/or publisher knew that its conclusions were false. Their suit claims that “writing, submitting for publication, publishing, and failing to retract an article stating false medical conclusions” is a type of unfair or deceptive practice under Massachusetts state law.
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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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.