NJ's Offer of Judgment Rule
The Offer of Judgment Rule (the Rule) is a near universal concept that exists in most jurisdictions. Its However, in its current application, at least in New Jersey, it is ineffectual and pragmatically only available to plaintiffs.
Features
In-Hospital Falls
According to the Centers for Disease Control and Prevention (CDC), each year one in every three "older adults" (65 years and older) falls. According to the CDC's report, in 2010, approximately 21,000 older adults died from unintentional fall injuries. The most common fall-related injuries were fractures of the spine, hip, forearm, leg, ankle, pelvis, upper arm, and hand.
Columns & Departments
Med Mal News
In-depth review of key news items.
Columns & Departments
Drug & Device News
Discussion of several key items.
Features
Limiting a Patient's Ability to Recover Under NJ's Tort Claims Act
New Jersey's TCA governs all causes of action in tort against public entities and public employees. Here's how it works.
Features
Communications @ Risk
A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.
Features
Relearning the Learned Intermediary Doctrine
Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.
Columns & Departments
Drug & Device News
Important news you need to know.
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 ›