Initiating Medical Malpractice Cases In Federal Court
December 28, 2011
Under the provisions of the FTCA, an action may not be instituted upon a claim against the United States for money damages caused by the negligent act of any federal employee acting within the scope of his employment, unless the claimant first presents the claim to the appropriate federal agency and the claim is finally denied by the agency in writing and sent by certified or registered mail. If the agency fails to make a final disposition of the claim within six months after it is filed, the claimant may deem the claim denied.
Learned Treatises, Cross-Examination and the Hearsay Exception
December 28, 2011
In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.
Vaccine Claims: Equitable Tolling May Sometimes Now Apply
December 28, 2011
Last month, we discussed the fact that the limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. The discussion continues herein.
Examination Order Violated Abuse Victim's Rights, Panel Says
December 28, 2011
A Family Court order that a teenage sexual abuse victim undergo a highly intrusive "forensic medical examination" violated her Fourth Amendment rights, a Brooklyn appellate court has ruled.
Bias in Custody Evaluations
December 28, 2011
Cognitive sets and assumptions, however formed, create a kind of lens through which data that is gathered on a family is processed and interpreted. And these biases create the very real potential for errors to be made at the stage where the court is being given an evaluator's "bottom line" about a particular child's needs or a certain parent's skills and capacities.
When Is an Order Not an Order?
December 28, 2011
In two reported cases addressing the enforceability of the "automatic orders," the results were seemingly contradictory as to the remedy for "violation" of these "orders.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Assignments and Collateral Assignments of Commercial LeasesWhat Tenants and Landlords Should Know There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let's discuss some of these issues.Read More ›
- Strategic Uses of a Rule 2004 ExamWhile most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.Read More ›