Features
General Jurisdiction After <i>Daimler AG v. Bauman</i>
Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit. In 2014, the Supreme Court's decision in <I>Daimler AG v. Bauman</I>announced a sweeping change to the law of personal jurisdiction.
Features
The Famous Dr. DeBakey and His Two Controversial Practices
As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.
Columns & Departments
Med Mal News
In March, Arizona became the first state to undercut the FDA's new guidelines on use of the abortion-inducing drug Mifepristone.
The Famous Dr. DeBakey and His Two Controversial Practices
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Columns & Departments
Verdicts
In-depth analysis of a case involving a deceased patient's medical records.
Features
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.
Columns & Departments
Med Mal News
Review of a case in which another health care worker was indicted for stealing opioids at work.
Proper Objections at a Personal Injury Deposition
When asserting the doctor-patient privilege, a witness cannot refuse to reveal medical incidents or facts once the witness has put the medical condition in controversy. Often, in a personal injury case, the plaintiff has already put a specific injury at issue by filing the lawsuit.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›