Recent ruings of importance to you and your practice.
November 27, 2007ALM Staff | Law Journal Newsletters |
Recent occurrences in this important area.
November 27, 2007ALM Staff | Law Journal Newsletters |The latest information you need to know.
November 27, 2007ALM Staff | Law Journal Newsletters |Sacred cows make great steaks, as one wit quipped. The usual way of doing things is being stood on its head and, in the realm of medical malpractice claims at least, is being replaced in many cases by fresh approaches and claim resolution templates. Specifically, historical norms of adversarial claim approaches are being supplanted by 'apology programs,' which receive increasing interest and publicity.
November 27, 2007Kevin QuinleyPeople injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.
November 27, 2007Janice G. InmanIn addition to claims for medical negligence, medical professionals and the facilities for which they work may be exposed to claims for breach of contract based on a theory that patients are third-party beneficiaries of contracts between medical facilities and their physicians. Such actions may lead to liability for physicians who have no direct relationship with the patient at issue, but careful drafting of agreements between facilities such as nursing homes and hospitals and their physicians may prevent patients and their lawyers from bringing successful third-party beneficiary breach of contract claims.
November 27, 2007Amy KolczakAnalysis of the latest important rulings.
November 27, 2007ALM Staff | Law Journal Newsletters |Recent cases with analytical review.
November 27, 2007ALM Staff | Law Journal Newsletters |In-depth analysis of recent important cases.
November 27, 2007ALM Staff | Law Journal Newsletters |What limitations does a municipality face in excluding religious uses in commercial or industrial districts? That issue has arisen in several cases over the last year and a half, most recently in Western New York District, Inc. v. Village of Lancaster. Although neither New York nor federal courts have definitively answered that question, it appears that municipalities enjoy more latitude to exclude religious uses in commercial and industrial districts than they enjoy with respect to residential districts.
November 27, 2007Stewart E. Sterk