Litigation

  • Inquest on Damages

    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.

    February 25, 2010Katherine W. Dandy and Max G. Gaujean

  • The Battle of the Experts

    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.

    February 25, 2010John Ratkowitz

  • Landlord & Tenant

    Key decisions that affect your practice.

    February 25, 2010ALM Staff | Law Journal Newsletters |

  • MA Recognizes Medical Monitoring Based on Exposure to Cigarette Smoke

    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.

    February 25, 2010David R. Geiger

  • News Briefs

    Highlights of the latest franchising news from around the country.

    February 25, 2010ALM Staff | Law Journal Newsletters |

  • Eleventh Circuit Nixes Sex Harassment Claims

    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.

    February 25, 2010Alyson M. Palmer

  • Three's a Crowd?

    Is there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle in on the turf now occupied by Westlaw and LexisNexis. In December, it officially launched Bloomberg Law.

    February 24, 2010Robert J. Ambrogi

  • Bit Parts

    Complaint over Oral Agreement for TV-Network Work Is Dismissed
    Rulings on Song License Termination and on Assignment Recordation
    Suits Proceed over Use of College Athletes' Indicia

    February 24, 2010Stan Soocher

  • Ticketmaster Lead Counsel on Live Nation Merger Issues

    The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.

    February 24, 2010Amanda Bronstad