Features
Cross-Examination Using Learned Treatises
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.
Drug & Device News
A judge says NJ's law applies to Risperdal claims; a look at the side effects of a potassium-lowering drug.
Verdicts
A appeals court permits a med-mal suit based on failure to follow the law.
Columns & Departments
Med Mal News
Does a home birth disqualify a child from receiving state funds? Analysis of a case from New York.
Killing the Goose That Laid the Golden Egg
Last month, the authors began discussion of a trend in New Jersey case law that has been moving that state toward the expansion of hospital liability through the continuous erosion of the statutorily imposed $250,000 charitable immunity cap. They continue their analysis of this trend and its consequences herein.
Technological Advancements and Traces of Infectious Disease
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death. These discoveries are revolutionizing our understanding of the microbial world around us ' and presage significant changes in the legal landscape.
Columns & Departments
Verdicts
Case involving a question for the FL high court: Is an attorney fee cap permissible?
Features
<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.
Last month, the authors discussed a recent New Jersey Appellate Division opinion in an otherwise typical nursing home case made different when the plaintiffs tried to obtain a more favorable presentation to the jury by utilizing numerous provisions of New Jersey's Nursing Home Responsibilities and Rights of Residents Act (NHA). They conclude their discussion herein.
Columns & Departments
Med Mal News
In-depth analysis of two key verdicts.
Columns & Departments
Drug & Device News
Analysis of a case in which an appeals court reversed a plaintiff verdict in an Accutane case; FDA warning over a morning sickness drug.
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
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.Read More ›