Features
Evan A. Jenness
Harsh sentences can be generated by a rote application of the U.S. Sentencing Guidelines in mortgage fraud cases. Challenging the scope of "relevant conduct" should be defense counsel's first line of attack in many cases, because victims' losses may not have resulted from a convicted client's activities or the reasonably foreseeable acts of others in furtherance of jointly undertaken criminal activity under ' 1B1.3.
Laurence A. Urgenson
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Peter A. Farrell
With the meltdown of the U.S. housing market, many players in mortgage lending now face the triple threat of criminal, civil, and administrative legal action. But the scope of federal action against questionable lending practices will depend on the answer to a key question: What funding will be made available to law enforcement agencies?
ALM Staff
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Law Journal Newsletters
Recent rulings of interest to you and your practice.
ALM Staff
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Law Journal Newsletters
Who's doing what; who's going where.
Features
ALM Staff
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Law Journal Newsletters
The latest news of importance to you and your practice.
Features
ALM Staff
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Law Journal Newsletters
The latest news in this important area.
Features
Debra Sydnor
Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Features
Linda S. Crawford
Given how large the awards are when there is a verdict against a physician, many in the medical profession and their defense teams have come to believe that juries are random and unfair. The conventional wisdom seems to be that judge-made decisions are a safer bet for med-mal defendants. Is this true?
Janice G. Inman
The Fifth Circuit decision in <i>Poliner v. Texas Health Systems</i> has put another damper on the hopes of unhappy peer-reviewed medical professionals who want to seek monetary damages for their real or perceived injuries. On the other hand, the decision has eased the minds of those who must step up to ensure the quality of medical care, even when it means taking away some or all of a colleague's privileges.
Lori G. Cohen
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John B. Merchant, III
Over the past decade, plaintiffs have stepped up their assaults on federal diversity jurisdiction in pharmaceutical and medical device litigation. Along with their efforts to chip away at the learned intermediary doctrine, plaintiffs increasingly are attempting to join local sales representatives fraudulently in order to defeat diversity.
