Columns & Departments
Med Mal News
News from around the country.
Columns & Departments
Drug & Device News
Recent news and rulings of interest.
Ex Parte Communication with a Physician
Learning and following each state's local requirements for ex parte contact is key in order to avoid legal and ethical issues in the future.
Features
Fifty Years Later: A New Wave of Thalidomide Litigation
The scourge of birth defects from Thalidomide in the 1950s and 1960s remains one of the worst pharmaceutical disasters ever. And now there's a wave of new litigation.
Judicial Scrutiny of 'Other Insurance' Clauses
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Med Mal News
Pre-Fall Health Influences Recovery <br>Court Calls for Better Disaster Plans to Protect Disabled
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
Columns & Departments
Drug & Device News
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Verdicts
NY Court Won't Use 'Long Arm' to Reach Florida Med Center <br>Judge Went Too Far By Striking Defense's Answer<br>Informed Consent Irrelevant To Malpractice Question
Features
New Jersey's Offer of Judgment Rule
The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere.
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
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›