Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Read More › Features
FCA and ACA Pose Perils for Med-Mal Defendants
Gregory B. Heller
Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
Features
Professional vs. Ordinary Negligence in the Health Care Setting
Michael C. Ksiazek
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
Features
Love Affairs and Long-Arm Statutes
William R. Wright
The tentacles from the seven states recognizing the tort of alienation of affection continue their broad reach throughout the 50 states.
Features
Practice Tip: The Use of Cy Pres Funds in Class Action Litigation
Ronald J. Levine
&
Yael Weitz
Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
Features
Air Bag Warning Claim Preempted
Michael Hoenig
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
Features
Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions
Randall L. Christian, Jason H.Casell
&
Francisco T. Rivas
In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.
Features
Attorneys and Whistleblowing
Howard W. Goldstein
A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing <i>qui tam</i> actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.
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