The Impact of Assured Guaranty on Claims Against Sponsors
January 31, 2012
In <i>Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc.</i>, a unanimous Court of Appeals held that the Martin Act, New York's "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.
The Unique and Crucial Role of the Non-Party Physician
January 31, 2012
Physicians who have treated a plaintiff before ' during or after the treatment at issue ' often have a unique perspective that can be helpful at trial to the finder of fact. How can such physicians be identified, interviewed, and brought to the assistance of the litigants in their search for the truth?
Third Circuit: NJ Charitable Immunity Act Protects U.S. in Med-Mal Litigation
January 31, 2012
In a case of first impression, the Third Circuit Court of Appeals says the federal government enjoys the same protection of state charitable immunity law that applies to volunteer doctors who are deemed to be U.S. Department of Health and Human Services employees.
Limiting Windfall Damages
January 31, 2012
<i>Howell</i> was one of 2011's most important damages cases. It will have a significant impact on personal injury damages in California and may offer a model for challenging windfall damages in other states.
How Small Firms Can Win the Marketing Marathon
January 31, 2012
At the root of marketing anxiety for small firm and solo lawyers is the perception that there are so many potential clients, so little time to reach them and so many options for pursuing them.
Agreements Among Partners
January 31, 2012
Today's couples can benefit from a written agreement detailing their finances whether they are just deciding to live together, or facing significant financial choices years after saying "I do."
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