Features
Med Mal News
A look at what's happening in the practice area.
Features
When Patients Require Transfer
It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.
Features
A Compelling Need for Change in Legal Hold Practices
Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.
Features
Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney
In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys. Here's what to do.
Features
In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights
A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.
Features
Beware of 'Calculations' of Business Value
Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."
Features
Medicare and Medicaid Issues in Insolvency Cases
Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.
Features
Bankruptcy Claims Traders Alert
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›