LJN Newsletters

Analysis of the latest litigation.

In both PA and NJ, a claim for medical malpractice is not cognizable unless the "target" physician owes the plaintiff a duty of care. The duty of care owed by a dermopathologist arises by virtue of his or her willingness to undertake interpreting the cutaneous pathology slides.

Too often, policyholders and their counsel accept on faith that their insurance does not cover punitive damages as a matter of public policy. In many jurisdictions, however, there is coverage for all punitive damages, while others allow coverage of punitive damages under certain circumstances.

The evolution of evidence-based medicine should cast doubt upon advocacy that masquerades as science, and put courts in the position of deciding when science should prevail.

Sometimes, despite best-laid treatment plans, unforeseen and unforeseeable medical complications still arise. Then you need a "crash cart.

Who's doing what; who's going where.

'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation
Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit
California's Retroactive Right of Publicity Doesn't Violate Due Process
Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner

Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .