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
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- 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 ›