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Recent happenings of importance to you and your practice.
The news that the drug Vytorin' may not be very effective for its advertised purpose has created a crisis for its manufacturers. Critics claim the results of a clinical trial of the medication's efficacy were released months, if not years, after the drug companies knew their product was not what they had originally claimed. Now, government oversight agencies are investigating the possibility that the drug's manufacturers are guilty of insider trading, medical test manipulation and/or false advertising. In addition, shareholders are upset and consumers are suing.
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A recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case, <i>Saxena v. Goffney</i>, which was decided Jan. 24, illustrates the importance to both plaintiff and defense teams of keeping the two theories straight, not only in argument but in formulating the jury instructions. Failure to do so could result in reversal on appeal.
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In light of the uncertain legal terrain, New York State practitioners and those in states with unsettled law on the issue should proceed with caution if considering advising a client to enter into a contingency fee agreement with a medico-legal service for, <i>inter alia</i>, locating expert witnesses.
Until recently, it appeared that exculpatory clauses could exonerate a party from liability under all circumstances. According to case precedent, in a landord/tenant context, it seemed as though a landlord need only cite economic self-interest as the basis for its non-performance under the lease agreement and enforce the exculpatory clause against its tenant, thereby limiting the tenant's remedies to specific performance, injunctive relief, and/or arbitration.
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Several issues arise when contemplating the payment of a construction allowance to the tenant. In particular, issues such as the manner and timing for payment of the construction allowance, documentation required for the payment, and repayment in the event of a default by the tenant, should all be considered when addressing the issue of the construction allowance in the lease. This article discusses the foregoing issues and addresses various manners in which these issues can be dealt with in the lease.
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For parties to real estate transactions and those involved in construction projects, alternative dispute resolution methods, including binding arbitration and non-binding mediation, offer proven and successful alternatives to an often inefficient and expensive court system. As this article illustrates, alternative dispute resolution requires utilizing trained, experienced, and cost-conscious mediators or arbitrators who are much better at resolving real estate disputes than are the inefficient and often ineffective courts.
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Who's doing what; who's going where.
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Legal Tech is the excellent and information-rich three-day conference that brings lawyers and technology together. Here is an interesting review by a Legal Tech insider.