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
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
