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As the authors explained in Part One of this article, like many other states, New Jersey has instituted tort reform measures aimed at reducing the incidence of frivolous lawsuits and the costs of practicing medicine. These changes in the law have had unintended consequences, however, often making the prosecution of a medical malpractice claims so complicated that only specialist attorneys can handle them.
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Analysis of several key rulings.
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Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
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Apple's iPhone muse and general know-it-all, Siri, can provide a ready answer to nearly any question. Its analytical ability would, however, be sorely taxed by the agonizing decision that physicians must make when facing medical malpractice claims: to defend or empower the insurance company to try to settle?
As a globally recognized capital of the insurance industry, Connecticut has had a complicated relationship with the industry segment of captive insurers. Recent legislative initiatives, however, have demonstrated the interest of state government in promoting the development of a domestic captive industry, which is growing in importance.
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While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
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When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.
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As a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?
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Cookies are either a benign method for furnishing Internet users with relevant advertising or they are the foundation of a pernicious invasion of privacy, lawyers argued in front of the Third Circuit last month.
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Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. This article proposes a different kind of fee-shifting clause, one triggered not by who ultimately prevails in a lawsuit, but by who prevails on certain specified motions that commonly add unnecessary expense and delay to dispute resolution proceedings.