Litigation

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Ever since the 1985 landmark case of <i>O'Brien v. O'Brien</i> was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.

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Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.

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When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

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Key decisions that affect your practice.

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A recent case of importance.

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The Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.

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Highlights of the latest franchising news from around the country.

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Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.