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Discovery of Damages in Med Mal Cases Image

Discovery of Damages in Med Mal Cases

Chad L. Staller

Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.

Evidence of Risk of the Procedure Image

Evidence of Risk of the Procedure

Christopher D. Bernard

There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.

Immigration Medical Care Image

Immigration Medical Care

Janice G. Inman

In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes <i>Bivens</i>-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Rulings of importance to you and your practice.

Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case Image

Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case

Joel Stashenko

Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.

NY Courts May End Civil Unions Performed Elsewhere Image

NY Courts May End Civil Unions Performed Elsewhere

Vesselin Mitev

A New York court has the power to decide whether a civil union entered into outside the state should be dissolved, an Albany appeals panel ruled on March 18.

Features

NY's High Court Finds No 'Egregious Conduct' Image

NY's High Court Finds No 'Egregious Conduct'

Charles McEvily

Although a wife concealed the true paternity of a child born of an adulterous relationship and permitted her husband to incur the costs of raising that child, New York's high court found no "egregious conduct.

New Jersey's Domestic Partnership and Civil Union Acts Image

New Jersey's Domestic Partnership and Civil Union Acts

Mark D. Bloomfield

Domestic Partnership ("DP") and Civil Union ("CU") Acts have opened the door to various benefits for same-sex couples in New Jersey. Along with the benefits come issues and unanswered financial questions that family law practitioners and financial advisers must consider should the relationship end.

Features

Who Is 'Any Person'Anyway? Image

Who Is 'Any Person'Anyway?

William Wright & Trhesa Barksdale Patterson

The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.

The Rise (and Fall) Of Consumer Fraud Nationwide Class Actions Image

The Rise (and Fall) Of Consumer Fraud Nationwide Class Actions

Barbara A. Lukeman

The use of nationwide class actions as a vehicle for the aggregated resolution of multiple similar claims remains a controversial topic. Here's why.

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