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Mining the Gold in Flawed Forensic Custody Reports

Jeffrey P. Wittmann

While on occasion a report arrives that is so flawed as to be unsalvageable (suggesting that the report or the evaluator should not come within a mile of the courtroom door), there are certain trial strategies that can assist in preserving the aspects of a report that are both empirically supportable, consistent with the interests of one's client, and consistent with a trial process focused on discerning bests interests.

Verdicts

ALM Staff & Law Journal Newsletters

Analysis of an important ruling.

Med Mal News

ALM Staff & Law Journal Newsletters

Several items of interest.

Features

Drug & Device News

ALM Staff & Law Journal Newsletters

A discussion of several key cases.

The Role of the Mediator in Med-Mal Cases

Roseann Lynn Brenner

For litigants today, faced with the potential of a long and drawn-out jury trial, along with the uncertainties that accompany such an exercise, mediation is becoming a very important alternative in the dispute resolution process.

Whistleblowing and Peer Review

David M. Axelrad, Peder K. Batalden & H. Thomas Watson

Last month, we discussed the fact that one long-settled aspect of the California Supreme Court's peer-review jurisprudence is the exhaustion-of-remedies doctrine. We stated that two of California's intermediate appellate courts addressed doctors' whistleblower claims ' with diametrically opposed results.

Features

Drug Marketing to Doctors: Changes May Be On the Way

Janice G. Inman

The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.

Features

Litigation

ALM Staff & Law Journal Newsletters

An in-depth look at a key ruling.

Features

For Better or for Worse: The Case Against Referenda on Marriage Equality

Frank Gulino

While it is natural for same-sex marriage supporters to want to ride the current wave of ballot box victories for marriage equality, that instinct should be resisted because popular-vote referenda are simply not the appropriate vehicle for determining fundamental individual rights, like the right to marry.

Real Estate Considerations in Divorce

Gary M. Kaleita

While every divorce has its own unique issues and challenges, most separating couples face the same problems relating to the disposition of the former marital home. If real property issues are not thoroughly considered during divorce proceedings, financial and emotional problems could linger for years after the divorce is final. This article highlights several important issues that everyone who is going through a divorce or who is recently divorced should consider with regard to the disposition of marital real property, and offers some tips on how to address them.

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