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In the medical malpractice arena, the decision whether or not to arbitrate a case is an important one. Going through the arbitration process and allowing the case to be determined by an arbitrator or an arbitration panel, rather than trying the case and allowing the outcome to be determined by a civil jury, can have advantages and disadvantages to both the physician and the patient.
Does the increased scrutiny on drug products for evidence that they cause suicidal thoughts mean that suits seeking damages for such thoughts in drug consumers have a better chance at success? An in-depth discussion.
Features
Recently, the Georgia Court of Appeals affirmed a directed verdict based on <i>Daubert</i> principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
Features
In a stunning turnaround today, separate appeals courts in New Jersey and Texas reversed verdicts against Merck from some of the earliest trials involving the now-withdrawn painkiller Vioxx.
Features
No CAN-SPAM Claims When ISP Cannot Show Real Adverse Effects<br>Court Says Departing Worker's Computer Access No CFAA Breach<br>No Impleading ISP, P2P Network on Unrelated Torts<br>Roommate Site Not Immune under CDA From FHA Claims<br>Non-residents Using Others' Trademarks for Web Traffic Answers in Owner's Forum
Features
U.S. Census Bureau estimates for first-quarter e-commerce spending reflect a slowing economy, but e-commerce continued rising as a percentage of all retail spending, government figures released last month show.
Features
Recent court decisions, congressional legislation and foreign governmental self-help actions appear to be aimed at transforming the new millennium's icon of free speech ' the Internet ' into a source of semi-free speech.