Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Cooperatives & Condominiums
ALM Staff
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Law Journal Newsletters
In-depth analysis of a recent key ruling.
Features
The Impact of Assured Guaranty on Claims Against Sponsors
Stewart E. Sterk
In <i>Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc.</i>, a unanimous Court of Appeals held that the Martin Act, New York's "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.
Features
The Unique and Crucial Role of the Non-Party Physician
John L.A. Lyddane
&
Barbara D. Goldberg
Physicians who have treated a plaintiff before ' during or after the treatment at issue ' often have a unique perspective that can be helpful at trial to the finder of fact. How can such physicians be identified, interviewed, and brought to the assistance of the litigants in their search for the truth?
Third Circuit: NJ Charitable Immunity Act Protects U.S. in Med-Mal Litigation
David Gialanella
In a case of first impression, the Third Circuit Court of Appeals says the federal government enjoys the same protection of state charitable immunity law that applies to volunteer doctors who are deemed to be U.S. Department of Health and Human Services employees.
Limiting Windfall Damages
David Axelrad
&
Robert Wright
<i>Howell</i> was one of 2011's most important damages cases. It will have a significant impact on personal injury damages in California and may offer a model for challenging windfall damages in other states.
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