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Real Property Law
In-depth analysis of cases of importance to you and your practice.
Features
When Is an Insured Entitled to Independent Counsel?
This article discusses the judicial and legislative bases for the right to independent counsel and identifies situations/circumstances where courts have or have not found that such a right exists.
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Drug & Device News
Recent developments are highlighted.
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Minorities and the Uninsured at Greatest Risk of Suffering Malpractice
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.
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Ordinary Negligence vs. Medical Negligence
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?
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Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
The decision in <i>ATT Mobility v. Concepcion</i> 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.
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Maryland Lack-of-Good-Faith Statute in Operation
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.
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Judge Rules GSK's 'Nerve Center' in Philadelphia for Paxil Suits
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.
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Litigation Upfdate
An in-depth review of recent litigation that affects this practice area.
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Practice Tip: Pleading Medical Device Complaints
The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> 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.
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