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In-depth analysis of a recent key ruling.
Features
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
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?
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.
<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.