In June 2005, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States approved comprehensive amendments to the Federal Rules of Civil Procedure regarding discovery of electronically stored information ('ESI'). These amendments were next presented to the Judicial Conference on Sept. 20, 2005 and then to the U.S. Supreme Court and Congress. In their present forms, the amendments would become effective as of Dec. 1, 2006. These e-discovery rule amendments include changes to FRCP Rules 16, 26, 33, 34, 37, and 45, and focus on five areas: 1) early attention to e-discovery issues, 2) discovery of ESI that is not reasonably accessible, 3) procedure for asserting privilege after production, 4) interrogatories and requests for production of ESI, and 5) sanctions and a safe harbor for certain lost ESI.
- October 05, 2005Beth L. Kaufman and David Black
Doctors in Wisconsin and in other states are not the only ones worried about the Wisconsin Supreme Court's recent decision invalidating caps on noneconomic damages in medical malpractice cases in that state. Patient advocates, insurers and other business group representatives are also very concerned that the strides they've made in reigning in malpractice insurance premiums are in jeopardy.
October 05, 2005Janice G. InmanIn the aftermath of Hurricane Katrina, people from all walks of life and from all corners of the world want to reach out to do what they can to help the victims of this unfathomable disaster. Schoolchildren are raising pennies to help those in need while relief organizations send supplies from all regions of the country. On the ground where this disaster struck in Louisiana and Mississippi, however, thousands of caring individuals have been providing emergency first aid and medical care to their neighbors in need. When licensed health care workers respond to the urgent needs of the hurricane's victims, what kinds of liability might they be opening themselves up to?
October 05, 2005Lawrie Demorest and Josh BeckerAll the latest you need to know.
October 05, 2005ALM Staff | Law Journal Newsletters |After Merck & Co.'s devastating loss in Texas earlier this month in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12.
October 05, 2005Tim O'BrienAn Indian father who remains in the United States while his child and her mother live back in India must pay child support according to U.S. guidelines, a Pennsylvania Superior Court panel has ruled in an apparent case of first impression.
October 05, 2005ALM Staff | Law Journal Newsletters |Recent rulings of interest to you and your practice.
October 05, 2005ALM Staff | Law Journal Newsletters |One who is entitled to receive income, including interest or compensation for services, but assigns the income to another before it becomes due, will be taxed on it just as though he or she had actually received it and then paid it over to the assignee. This concept is known as the assignment of income doctrine.
October 05, 2005Melvyn B. Frumkes