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Certificate of Merit Laws Under Fire
ALM Staff
&
Law Journal Newsletters
In last month's issue we began a discussion of <i>Putman v. Wenatchee Valley Medical Center</i>, in which the Supreme Court of Washington struck down that state's law requiring the filing of a certificate of merit in medical malpractice lawsuits. Part Two herein concludes the discussion.
Features
The Law of Unintended e-Consequences
Stanley P. Jaskiewicz
Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.
Features
Current Trends in Long-Arm Jurisdiction
Paul L. Feinstein
Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.
Features
The Rights to Pre-Embryos Upon Divorce
Stephanie F. Lehman
While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.
Features
The CPSIA : One (Difficult) Year Later
Jonathan I. Handler, William S. Rogers Jr.
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Meredith French
Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.
Features
Practice Tip: The Economic Loss Rule
Jason P. Thomas
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John L. Tate
A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.
Features
Climate Change and Global Warming
Christopher P. DePhillips
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Justin C. Hallberg
This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.
Features
The Evolving Economy and Four Resulting Trends for the Legal Profession
Blane Prescott
The following is an updated version of an article first published by Blane Prescott, Vice President with Hildebrandt, in the closing months of 2008.
Features
Social Networking in the Workplace
William C. Martucci, Kristen A. Page,
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Jennifer K. Oldvader
The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Features
Can Your Retirement Plan Survive an ADEA Claim?
Karla Grossenbacher
In <i>Kentucky Retirement Systems v. EEOC</i>, 128 the Supreme Court held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
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