Decisions of Interest
Recent rulings of importance to you and your practice.
International Service of Process
You are contemplating commencing an action for a divorce for your client, who lives in New York. The parties were married here and had lived here for the past five years, but the husband recently returned to his native country and no longer works or lives in New York. If that is the situation, there may be a real problem in effectuating service upon him.
Features
Gay and Lesbian Rights Grants Spill over into Other States
As we all know, New York same-sex couples are not allowed to marry in this state, as confirmed by our Court of Appeals in July in the case of <i>Hernandez v. Robles</i>, New York's Constitution does not prohibit the limitation of marriage rights to opposite-sex couples. This does not close the book on all issues surrounding same-sex unions, however, because increased recognition of gay and lesbian rights in other states may have an impact on future cases in New York's courts.
Matrimonial Litigants and Zones of Privacy
A recent decision of the Appellate Division, First Department, addressed the rights of matrimonial litigants to shield their identities from publication in reported decisions. In <i>Anonymous v. Anonymous</i>, 27 A.D.3d 356 (1st Dept 2006), the court, citing <i>People v. Jones</i>, 47 NY2d 409 (1979), held that judicial approval of anonymous captions in divorce actions should be granted 'sparingly' and 'only when unusual circumstances necessitate it.' Earlier decisions of trial and appellate courts have manifested a judicial policy to allow anonymous captions only when necessary to promote some public interest, including the need to safeguard the health and welfare of children.
Features
Drug & Device News
The latest happenings in this important area.
Features
The Expert Witness Affirmation
In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.
Malpractice Class
Getting a group of doctors into a room with members of a legal profession is not what you'd call a common occurrence. But the University of Richmond School of Law wants to change that. The school is offering a medical malpractice law and litigation course for its law students and local practicing physicians who can earn continuing medical education credits. It's the first law school course of its kind, and something many law schools are considering in order to bring lawyers and doctors together.
Clinical Trial Litigation
It is no surprise to anyone that health care spending continues to rise at what is generally considered the fastest rate in U.S. history. As a result, the health care industry is growing exponentially and is under incredible market pressure. Medical device companies and pharmaceutical companies constantly compete to provide newer and better drugs and devices as well as balance issues relating to cost, patient safety and liability. In order to compete in this environment and develop safe and effective products, testing on human volunteers through clinical trials is necessary. Naturally, because they involve human beings, clinical trials have increasingly become the subject of litigation.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›