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In October 2005, a New York appellate court ruling in Chen v. Fischer, 12 A.D.3d 43, appeared to make a substantial change in the way litigation is managed where both matrimonial causes of action and tort claims are asserted in New York. The Second Department had held, for the first time, that an interspousal tort action seeking to recover damages for personal injuries commenced subsequent to, and separate from, an action for divorce is barred upon the res judicata principles of claim preclusion. In short, a spouse had to bring any personal injury claim he or she might have as a cause of action within the matrimonial action. A separate tort action was no longer tenable.
Last month, in the first part of this article, we discussed the case law of both state and federal courts with regard to the admissibility of child testimony and the suggestibility of child witnesses. The conclusion of this article discusses whether the child witness understands that he or she can affect the outcome of the litigation, as well as other issues related to the reliability of the child's testimony.
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If you are anything like me when it comes to business cards received, then you have a desktop filled with them and at least one drawer piled up with them. I always seem to throw the cards on the desk and hope that someday I can enter, or have someone else enter the information into my Outlook contact database. Of course, this never happens, thus perpetuating my never-ending battle to organize. It just seems no matter how hard I try, I never seem to get the cards off my desk and into my computer. Well I have found the perfect solution to alleviate the situation.
Managing change in any walk of life or business is difficult. Document change is no different. Documents are the lifeblood of a law firm. Efficiency of lawyers and staff in producing, editing, sharing and collaborating on documents impacts the quality of a firm's work product, and ultimately a client's cost ' as well as success.
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If e-mail is so ubiquitous in our lives, why don't more people follow some general, common sense guidelines for composing, addressing and sending e-mails? This isn't a column on security; it's a look at some fundamental concepts that will keep you savvy about your e-mail habits.
When we went digital in July 2004, we quickly shook off the limitations of analog tapes. We still dictate into hand-held recorders, but now instead of being captured on a tape, the dictation goes directly into an audio file in the computer. Each piece of dictation has its own audio file. When the dictation is completed, a single click sends it to a transcriber. Because each audio file is separate, it's easy to flag items with a high priority, so that typists can move them ahead in the queue.
As law firms grow in technological sophistication, the issue is no longer whether a firm is using a CRM system, but rather how they are generating greater ROI. Integrating with other key systems that allow users to take advantage of valuable content residing elsewhere in the firm is an important piece of this equation. How will next-generation CRM deliver a true 360-degree view of the marketplace and what features will help generate the most value from its content?
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Whether you represent the patient or physician in a medical malpractice case, there are always significant repercussions when the physician's malpractice carrier becomes insolvent. Naturally, plaintiffs in such cases are concerned as to whether and how a judgment will be paid. Physicians are just as concerned that they may be personally responsible for some portion of a judgment. With a growing number of medical malpractice insurance carriers facing difficult financial times nationwide, parties are experiencing those concerns with increasing frequency.
Neurologists who testify in court are coming under tighter scrutiny by medical authorities seeking to weed out unqualified witnesses from the courtroom. In a move that has irked plaintiffs' attorneys, the American Academy of Neurology (AAN) recently revamped its 16-year-old guidelines regarding expert witness testimony by neurologists. The new guidelines were formally adopted earlier this year, and went into effect Jan. 10.
