Litigation

During the late summer and early autumn of 2006, the medical community began to express second thoughts about the safety of drug-coated cardiac stents, which have in recent years been given credit for reducing the frequency of complications arising from the use of a previous generation of stents. The publicity generated by the news media interested me in my professional role representing health care providers, and for personal reasons as well.

Like New Jersey, New York generally does not consider fault when distributing marital assets. (See Strober L: Marital Misconduct and Alimony. The Matrimonial Strategist, November 2006.) However, there are circumstances under which both states will factor in fault.

Recent cases in e-commerce law and in the e-commerce industry.

When Congress passed the Class Action Fairness Act ('CAFA') in 2005, committee reports showed that several legislators believed the Act would shift from defendant to plaintiff the burden of proof with respect to the existence of federal removal jurisdiction. CAFA's legislative history contains statements from several members of Congress indicating that a plaintiff opposing removal under the Act would have the burden of establishing the absence of federal jurisdiction. For a short period following CAFA's passage, certain federal district courts found this legislative history controlling and held that CAFA shifted the burden of proof.

Recent rulings of importance to you and your practice.

Fourth-quarter roundup of all the latest compliance rulings.

National rulings of interest.

Recent rulings of interest to you and your practice.