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In-depth analysis of recent rulings.
Features
Everything contained in this issue, in an easy-to-read format.
The so-called 'Atlantic Yards' project in Brooklyn is a typical case of public/private partnership to develop an area that has long been the location of urban blight. The issue, from the standpoint of those who challenged the condemnation of their property for that project is that the property, which is the subject of the recent Second Circuit decision in Goldstein v. Pataki, for the most part is not considered blighted but is close or adjacent to blighted areas.
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.
Features
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.
Features
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.