In what may be a national first, an appellate panel in Rochester, NY, has rejected as scientifically invalid a standard defense in obstetrical medical malpractice cases.
February 29, 2012John Caher
Obstetricians should examine their states' legal requirements about informed consent when making decisions about when to speak to patients about planned cesarean delivery in the face of evidence suggesting an increased risk of shoulder dystocia during delivery.
February 29, 2012John RatkowitzThis article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, Tannen v. Tannen.
February 29, 2012Martin M. Shenkman, Ira S. Herman, Judson M. Stein, Martin D. Hauptman and Carl J. SorannoIndependent Creation Testimony Defeats Rap Riff Copyright Claim
Right to Percentage 'Equal to' Label's Net Receipts Doesn't Support Conversion Claim in Creedence Clearwater Digital Royalties Suit
'Substantial Value' Allegation in Implied Contract Case Not Enough to Meet $75,000 Amount in Controversy for Federal Subject Matter JurisdictionFebruary 28, 2012Stan SoocherThis article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
February 28, 2012Alan L. Friel and Jesse M. BrodyAs with many transactional entertainment and sports matters, there are a number of critical tax issues that bear upon the endorser's ultimate take-home pay. This topic divides neatly into U.S. persons working outside the U.S., and non-U.S. persons working inside the U.S. This article discusses U.S. persons working abroad.
February 28, 2012Bob JasonHabitually filing Daubert motions for every opposing expert is not smart trial practice. Here's why.
February 28, 2012Thomas P. Branigan and Tina GeorgievaThe Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
February 28, 2012Amaris Elliott-EngelThe U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
February 28, 2012R. Scott OswaldRecent rulings of interest.
February 27, 2012ALM Staff | Law Journal Newsletters |