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A sperm donor who fathered a colleague's child 18 years ago and has held himself out as the father cannot now deny his paternity, said a Nassau judge, who denied the donor's request for a genetic test.
Recent surveys and polls indicate that the number of discovery requests law firms receive is on the rise ' rapidly! Changes to the Federal Rules of Civil Procedure ('FRCP') are accelerating the proportion of time and effort related to e-discovery compliance. The question is not 'if,' but 'how,' when it comes to e-discovery planning. While it seems imperative to design an information strategy that enables firms to be litigation ready, basic know-how of litigation readiness concepts and a well thought-out approach, especially when it comes to handling electronically stored information ('ESI'), is essential.
There are noticeable new trends in divorce that affect both the legal process and the financial strategies required to help clients move past it. These trends include: 1) an increased reliance on alternative dispute resolution (ADR) methods, including development of a new modality called collaborative divorce, which are gradually moving divorce out of the courtroom; 2) the continued evolution of the best interests of the child standard; 3) the alignment of antiquated statutes or cumbersome and complex case law with other states' laws; and 4) a greater realization that the divorce process is most effective when it utilizes an interdisciplinary team approach. These and other trends will radically affect how the divorce process will evolve in the future.
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However you wish to refer to them, blogs provide a singular opportunity for a firm to leverage its unique knowledge in a format that's easily updatable and which can be targeted to specific market audiences. If a firm has a number of practice areas, it can maintain separate blogs to target each of these areas and not be faced with trying to write content that will appeal to every client or potential client that the firm is trying to reach.
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Recent rulings of interest to you and your practice.
Recent happenings that may affect your practice.
The Medical Device Amendments (MDA) to the Food Drug and Cosmetics Act contain an express preemption provision, namely 21 U.S.C. ' 360k(a), which prohibits states from imposing requirements different from, or in addition to, the specific federal requirements imposed on medical devices by FDA regulations. However, the U.S. Supreme Court has held, in a case involving ' 360k(a), that traditional state law claims are permissible and are not preempted if the common law duties involved parallel the duties statutorily imposed in the federal law and do not impose higher standards.
New York Attorney General Andrew M. Cuomo recently spearheaded a statewide New York investigation into health insurers' use of physician-ranking programs. The investigation, which has made inquiries to insurers including United Healthcare, Aetna, CIGNA Healthcare, Empire Blue Cross Blue Shield, Preferred Care and HIP Health Plan of NewYork/GHI, has now produced a settlement with CIGNA. Although the investigation is specific to New York, the issues raised are national in scope and worth serious consideration, since health insurers nationwide are increasingly utilizing physician-ranking systems.
Your hospital and physicians have the opportunity to conduct a study on a new method for the early detection of a disease. They go through the necessary procedures of obtaining patients at risk for the disease, and those patients knowingly agree to participate in the program. However, there may be one problem with this scenario. According to a recent case out of New York, your hospital and physicians may have just established a hospital-patient and/or physician-patient relationship with each of the study participants, exposing all of them to the risk of multiple medical malpractice lawsuits.