Litigation

When it comes to quality of medical care in the United States, all patients are not treated equally. Minorities, poor people and those without private insurance are more likely to receive substandard care and to suffer the consequences.

We have seen how the characterization of a tort as either one of medical malpractice or ordinary negligence can have significant impacts on how a case progresses. Will a medical expert's opinion be needed before the case can proceed?

The decision in ATT Mobility v. Concepcion was announced on April 27, just a few days before a panel of three franchise attorneys presented an update on arbitration trends at the 44th Annual International Franchise Association Legal Symposium.

This article focuses on how one state, Maryland, has chosen to address first-party bad faith claims arising out of property and casualty insurance policies. Maryland's experience handling these disputes teaches lessons to both carriers and insureds.

Lawyers for GlaxoSmithKline (GSK) were enjoying something of a winning streak in their efforts to remove drug product liability lawsuits to federal court ' and keep them there ' by arguing that it has converted to a limited liability company that is based in Delaware. But that streak may now be over.

An in-depth review of recent litigation that affects this practice area.

The heightened pleading requirements of Bell Atlantic Corp. v. Twombly require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.

This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.