Electronic Discovery: A Level Playing Field?
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
The Adjudication of Affordability
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
The Adjudication of Affordability
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Med Mal News
Recent news of importance to med mal attorneys.
New Jersey's Tort Claims Act
Is there a bright-line rule for when a claimant is put on notice of a physician's status as a public employee for purposes of New Jersey's Tort Claims Act? The answer may be found in the matter of <I>Biassou v. Fitzsimmons</I>, in which the trial court and Appellate Division ruled that a plaintiff's claims were barred under the Tort Claims Act for failing to timely file a notice of claim.
Foreign Whistleblowers Fuel SEC Enforcement Activity, Raising the Stakes for Global Corporate Compliance
An "eligible" whistleblower is a person who voluntarily provides original information about a possible violation of the federal securities laws that has occurred, is ongoing, or is about to occur. If that information leads to a successful SEC action resulting in an order of monetary sanctions over $1 million, the whistleblower(s) can collect their bounty. Over the lifetime of the program, the SEC has addressed more than 390 award claims and has awarded more than $67 million to 29 individuals, known as claimants, in connection with 16 actions.
Med Mal News
Discussion of the latest news of interest to you and your practice.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
