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Shoulder Dystocia and the Duty of Informed Consent Image

Shoulder Dystocia and the Duty of Informed Consent

John Ratkowitz

Obstetricians should examine their states' legal requirements about informed consent when making decisions about when to speak to patients about planned cesarean delivery in the face of evidence suggesting an increased risk of shoulder dystocia during delivery.

Features

Recent NJ Case Upholds Protection of Trust Image

Recent NJ Case Upholds Protection of Trust

Martin M. Shenkman, Ira S. Herman, Judson M. Stein, Martin D. Hauptman & Carl J. Soranno

This article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, <i>Tannen v. Tannen</i>.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Independent Creation Testimony Defeats Rap Riff Copyright Claim<br>Right to Percentage 'Equal to' Label's Net Receipts Doesn't Support Conversion Claim in Creedence Clearwater Digital Royalties Suit<br>'Substantial Value' Allegation in Implied Contract Case Not Enough to Meet $75,000 Amount in Controversy for Federal Subject Matter Jurisdiction

Features

Limits of CDA Immunity For Claims Based on User-Generated Content Image

Limits of CDA Immunity For Claims Based on User-Generated Content

Alan L. Friel & Jesse M. Brody

This article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.

Features

Tax Issues in International Endorsement Deals for U.S. Entertainers and Athletes Working Abroad Image

Tax Issues in International Endorsement Deals for U.S. Entertainers and Athletes Working Abroad

Bob Jason

As with many transactional entertainment and sports matters, there are a number of critical tax issues that bear upon the endorser's ultimate take-home pay. This topic divides neatly into U.S. persons working outside the U.S., and non-U.S. persons working inside the U.S. This article discusses U.S. persons working abroad.

Features

Amended FRCP 26 Image

Amended FRCP 26

Thomas P. Branigan & Tina Georgieva

Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.

Features

Court Restores $28 Million Punitives Award in HRT Case Image

Court Restores $28 Million Punitives Award in HRT Case

Amaris Elliott-Engel

The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia &amp; Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.

Features

The Supreme Court Finds Religion Image

The Supreme Court Finds Religion

R. Scott Oswald

The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of recent cases of importance.

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