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Canada's conservative minority government recently passed its 2007 Financial Budget (the 'Budget'), which will likely impact the equipment finance industry and particularly cross-border (U.S./Canada) transactions. Central to the Budget was the proposal to eliminate withholding tax on interest payments on loan transactions. As will be discussed below, the likely impact will be that traditional cross-border transactions will be restructured to: 1) provide for quicker repayment of the principal portion of the loan, and 2) provide a means for a greater number of less internationally focused commercial banks and finance companies to undertake cross-border transactions which, prior to the enactment of the new legislation, would have be seen as too complex. This second impact may cause a more competitive environment and further add liquidity to any already liquid market. It is not clear, however, that the proposed legislation will have a significant impact on larger transactions or the activities of internationally focused lenders. While there will likely be enhanced competition for smaller straightforward transactions than currently exists, the market for complex large transactions, while restructured, will have the same level of competition as currently exists.
Last year, the U.S. Supreme Court limited reimbursement of Medicaid liens to the fraction of the total recovery that corresponds to medical expenses. <i>Arkansas Department of Health and Human Services et al. v. Ahlborn</i>, 547 U.S. 268 (2006). Measures can be taken, however, that dramatically limit government liens, preserving recoveries to enrich the quality of life of a severely disabled individual.
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In this writer's experience, the majority of medical malpractice cases involve a primary target defendant, usually a hospital or attending physician, often joined with multiple codefendants with less potential exposure. It is not uncommon to find three or more defense firms playing active roles in the discovery process, and, for purposes of this article, we shall refer to those defendants with lesser potential exposure as 'secondary defendants.'
Rough spots are common on the road of civil litigation, but it's not every day that a plaintiff's attorney sues his adversary for asking 'inhumane' questions during a deposition that allegedly inflict 'grievous emotional distress.' That's the thrust of a suit filed July 11 in Essex County, NJ.
Medical device products liability litigation and medical malpractice litigation have intersected for as long as physicians have been prescribing and implanting medical devices, but that overlap continues to increase and become even more intricate as medical devices become more sophisticated and more widely utilized by physicians and the public, and as plaintiffs increasingly seek to keep their cases in state court by including local diversity-destroying defendants in suits.
Many employers find it difficult to administer their leave of absence policies within the parameters of the Family and Medical Leave Act ('FMLA').
Jim Roethe, former General Counsel at Bank of America and litigation partner with Pillsbury Winthrop Shaw Pitman LLP, and I recently taped a Recorder Roundtable CLE program titled 'Professional Relationship and Ethics.' We discussed some ethical issues that may arise between the client and the law firm in billing, staffing, litigation discovery, lawyers' financial interests, and backdating documents. Here is a brief summary of our discussion.