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Features
In products liability cases in most states, a plaintiff's conduct that contributes to his or her harm does not bar a claim, but instead may be considered by the jury in weighing the comparative fault of the parties. But should a case even have to go to a jury when the very harm that the plaintiff is suing for resulted from the plaintiff's own criminal misconduct?
Features
Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of the New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person's lifetime. The Tables are used almost exclusively by plaintiffs to establish damages, especially plaintiffs who have been injured and expect to return to work, or who have missed no work at all at the time of trial.
Features
The number of doctors and hospitals making virtual house calls has exploded in recent years, which has lawyers cautioning the medical community about the legal dangers of treating and monitoring patients via the Internet. Attorneys warn that virtual medicine ' which has popped up in hospitals and clinics in more than a dozen states in the last 2 years ' could open the floodgates to malpractice claims, privacy disputes and licensure problems.
Features
Over the past year, hospitals, doctors and health insurers have been meeting to discuss pay-for-performance (P4P), the latest attempt to correct our dysfunctional health-care payment system. The general concept is actually quite simple: Providers of health-care services would be paid more if they achieve certain performance metrics and less if they don't.
Features
As the debate over the legal status of same-sex relationships has percolated over the last several years ' fueled in part by a wave of recent judicial decisions and statutes extending comprehensive rights to lesbian and gay couples in Vermont, Connecticut, The state's highest court ruled on July 6 in <i>Hernandez v. Robles</i>, 2006 NY Slip Op 5239, that the New York State Constitution does not compel recognition of marriages between members of the same sex. The court noted that whether such marriages should be recognized is a question to be addressed by the Legislature. (In February 2006, in <i>Samuels v. New York State Dept of Health</i>, 2006 N.Y. Slip Op. 01213, 2006 WL 346465 (3d Dept Feb. 16, 2006), the Third Department joined the First Department in holding that a ban on same-sex marriage does not violate the New York Constitution.) It is now up to the New York State Legislature to determine the future of same-sex marriages and correct the inequality that exists for these couples and their families. This two-part article discusses the many reasons supporting such action.
Two recent cases suggest an important difference between the current tax treatment of alimony payments and the pre-1984 treatment of alimony payments. 'Alimony,' of course, is a defined term, and the definition can be structured to include whatever transfers seem appropriate from a tax policy perspective as distinct from the meaning of the term for state law purposes.
