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Cover Story

  • Part One of a Two-Part Article

    According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.

    August 01, 2017David A. Martindale
  • While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.

    August 01, 2017Gary Riveles and Mark G. Phillips
  • New requirements and prohibitions on compensation practices around the country are making pay equity a hot topic. These obligations seek to address the "gender pay gap," which the latest reports estimate is at a little over 20%, with women across all occupations having median earnings around 78% of the median earnings of men.

    August 01, 2017Victoria Woodin Chavey and Ana C. Shields
  • OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.

    August 01, 2017Janice G. Inman
  • Traps for the Unwary or Lifesavers for the Unlucky?

    The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.

    July 07, 2017David Van Pelt
  • There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.

    July 02, 2017Linda S. Crawford
  • The case of Lewis v. Shulkin, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.

    July 02, 2017Janice G. Inman
  • Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).

    July 02, 2017Chris Hawkins and Karlene Archer