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Features
While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.
Electronic prescriptions may be the cure for a doctor's bad handwriting, but they also carry an unhealthy dose of legal risks for the ill-prepared. That's what health-care-law attorneys are advising the medical profession as it embraces "e-prescribing" ' a rapidly growing practice whereby doctors are ditching pen and paper to order prescriptions through cyberspace.
Under certain circumstances mental-health professionals ' whether psychiatrists, psychologists, social workers or others ' have a duty to protect innocent third parties from their dangerous patients. A look at <i>Tarasoff v. Regents of University of California</i>, and what it means in today's litigation.
Features
This article discusses some of the challenges in the arena of employee benefits under ERISA and the Internal Revenue Code. The discussion is applicable to California, Massachusetts and Connecticut unions, as well as to employers in any jurisdictions that employ individuals who have been married elsewhere.
In October 2008, the U.S. Supreme Court heard arguments regarding whether a qualified domestic relations order (QDRO) under the Employee Retirement Income Security Act trumps a woman's voluntary waiver of her ex-husband's pension benefits, an issue that has divided federal appeals courts and left divorce lawyers unsure how to advise clients. This article provides an update.
In a response to an article from our December Issue, psychologist David A. Martindale states that "parental concerns with such issues as 'image' must be seen by our courts for what they are: distractions. In cases involving custody and access, our courts are obligated to focus on the best interests of the children whose parents have brought the disputes to court.
Canada recently became the first country in the world to limit exposure to bisphenol A, or BPA, a chemical found in numerous plastic products. The same month, the FDA decided to conduct further studies on BPA. These events may mark a dramatic change in official categorization and treatment of the chemical after decades of scientific and public debate. It may also result in new litigation across the country.
