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Lotus Notes, the desktop client for the Lotus Domino collaboration product suite, is one of the more widely used messaging platforms in large corporations. The unique aspect of Lotus Notes is that it's an application environment, as well an e-mail exchange system. It provides a platform from which to build a wide range of business applications where messaging and collaboration are the necessary foundation.
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After months of preparation, the lawyers at Sanders, Simpson & Fletcher had their case almost ready for trial. The Springfield, MO, plaintiffs' firm of 11 lawyers had worked hard to fine-tune the civil case. Their client had the potential of being awarded significant damages. But the allegation -- sexual misconduct against a church pastor -- was tricky. Would the facts of the case resonate well with jurors?
The New Jersey Supreme Court, in <i>Creanga v. Jardal</i>, 185 N.J. 345 (2005), recently held that a treating physician's expert testimony on proximate cause is admissible if based on a reasonably conducted differential diagnosis that rules out plausible alternative causes of a plaintiff's injuries. However, a treating physician's expert testimony will be struck as a net opinion when the physician's differential diagnosis is based on subjective beliefs instead of the patient's medical history and diagnostic testing.
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In the midst of the medical liability crisis and a nationwide movement toward tort reform, including caps on non-economic damages, a new player has appeared on the scene. The "Fair and Reliable Medical Justice Act," S. 1337, was introduced to the U.S. Senate in July 2005 in a bipartisan effort led by Sens. Michael Enzi (R-WY) and Max Baucus (D-MT). The stated purposes of the Act are: "1) to restore fairness and reliability to the medical justice system by fostering alternatives to current medical tort litigation that promote early disclosure of health care errors and provide prompt, fair, and reasonable compensation to patients who are injured by health care errors; 2) to promote patient safety through early disclosure of health care errors; and 3) to support and assist States in developing such alternatives."
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What do you get when you cross Court TV with the Food Channel? One answer: a recipe for a multi-million dollar jury verdict! Drug giant Merck will not see such blended TV programming, but it may have seen stars after getting hit with a $253 million jury award on Aug. 19, 2005. The first product liability trial against its Cox-2 inhibitor drug Vioxx in Angleton, TX, in August, 2005 produced a quarter-billion dollar award, $229 million of which was for punitive damages. Merck plans a vigorous appeal on multiple grounds. (Reportedly, grounds for appeal include: 1) letting in testimony from unqualified experts; 2) letting in testimony not based on reliable scientific evidence; 3) allowing irrelevant but prejudicial evidence in against Merck; and 4) letting in an undisclosed "surprise" witness against Merck.) Even pro-plaintiff observers concede that the award will likely drop to "only" $26 million due to recent Texas tort reform caps on punitive damages. (Merck fared better in its second and third Vioxx trials, which ended with a defense verdict and hung jury, respectively. Three Vioxx cases down -- only about 5998 to go!)
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Recent rulings of importance to you and your practice.
In many -- if not most -- matrimonial actions, counsel or the court almost always automatically ensure that the dependent spouse is provided with life insurance, despite the fact that the statute authorizing life insurance to secure alimony is permissive and not mandatory. In many cases where there is a child support obligation or an equitable distribution obligation, the purpose of life insurance is clear: to secure these obligations, in the event the paying spouse dies prior to their fulfillment. Life insurance protects the supported spouse by providing a source of funds to assist with the support of the children (an obligation that survives the death of the spouse) and by assuring that the payment of equitable distribution is received (because the payment should not depend on the life or death of the obligor).
