Litigation

Last month, the authors began a discussion of the crucial role non-party physicians often play in medical malpractice cases. Here, they look at some methods for obtaining the evidence they possess.

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.

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.

This article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, Tannen v. Tannen.

Independent 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 Jurisdiction

This 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.

As 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.

Habitually filing Daubert motions for every opposing expert is not smart trial practice. Here's why.