Considering the Effect of Internal Policies on Medical Malpractice Liability
In last month's newsletter, we discussed a case in which a South Carolina plaintiff avoided dismissal of a medical malpractice case on motion for summary judgment by relying solely on the defendant medical care facility's violation of its own polices and procedures as evidence of negligence. We conclude the discussion herein.
Features
Curbside Consults
In today's climate of increasing concern about medical malpractice liability, is it safe for a doctor to give advice when asked by a treating physician?
Court Orders Ex-Wife Jailed for Alienating Kids from Their Dad
A Long Island, NY, judge has sentenced a woman to six weekends in jail for repeatedly undermining her ex-husband's relationship with their two daughters.
Features
Psychological Experts and Trial Tactics
Retained testifying experts who assert that neither their findings nor their opinions might be affected by biases are either fools, liars, or lying fools.
Strategies for Improving Your Firm's Profitability
This article describes several strategies that managing partners and administrators should consider so that firms may help improve their profitability.
FL Jury Finds Domestic Distributor of Chinese Drywall Negligent
On June 18, a Florida jury awarded $2.46 million to a Miami couple who claimed their house was ruined by gas emitted by imported Chinese drywall in the nation's first trial against a domestic distributor.
IP News
Highlights of the latest intellectual property news from around the country.
Features
The Toyota Recall Crisis: More Than a Re-TREAD
If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.
Features
Patent Correction: Navigating the Confusing Terrain of Broadening Reissue
There are times when a patent owner may discover that an issued patent does not claim everything that the patent should have covered. When such defects are discovered, one strategy a patent owner may wish to consider is filing a request with the USPTO for a broadened reissue of a U.S. patent to enlarge the scope of the claims of the original patent.
Features
Practice Tip: Twombly and Iqbal Are Everywhere
The impact of <i>Twombly</i> and <i>Iqbal</i> on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.
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
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
