LJN Newsletters

In the absence of language to the contrary, a real estate broker in New York becomes entitled to a commission when the broker produces a purchaser who is ready, willing, and able to consummate the sale. That is, if the seller changes its mind, or proves unable to deliver title, the seller remains liable for the broker's commission. Dispute about whether broker has procured a ready, willing, and able buyer has generated considerable litigation, but those disputes are not the subject of this article. Instead, this article focuses on the import of "language to the contrary" -- language that purports to alter the common law obligation of the seller to the broker.

Recent rulings you need to know.

The latest important rulings.

National news of interest to you and your practice.

Although most medical malpractice actions are brought in state courts, some must be litigated in federal courts, usually because of diversity of citizenship. When it comes to discovery in these cases, it's important to understand the federal rules that come into play.

Complex statistical evidence -- based on huge samples, reams of academic and government studies and hours of testimony -- has been the weapon of choice in many epic battles. The list of major cases in which both sides have deployed legions of statistical experts is impressive: Bendectin, silicone breast-implants, Agent Orange and tobacco are just several of the many substances over which massive statistical battles have been waged. Currently, both sides of the debate over whether caps on non-economic damages help reduce medical malpractice insurance premiums are trading ground-shaking volleys of weapons-grade statistical analysis.

In last month's issue we looked at a pending complaint made against a forensic psychologist to the ethics committee of his professional organization by an examinee unhappy with the psychologist's recommendation. We also explored case law in the Seventh Circuit that holds the decisions of professional organizations are not reviewable by the courts as long as the person being disciplined was given procedural due process. In this month's installment, we see how this state of affairs not only negatively impacts the professional prospects of the medical expert but also the free expression of valid medical opinions in the courtroom and other comparable settings.

Recent rulings you should know.