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Discovery of Damages in Med Mal Cases
May 26, 2010
Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.
Evidence of Risk of the Procedure
May 26, 2010
There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.
Immigration Medical Care
May 26, 2010
In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes <i>Bivens</i>-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.
Decisions of Interest
May 26, 2010
Rulings of importance to you and your practice.
Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case
May 26, 2010
Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.
NY Courts May End Civil Unions Performed Elsewhere
May 26, 2010
A New York court has the power to decide whether a civil union entered into outside the state should be dissolved, an Albany appeals panel ruled on March 18.
NY's High Court Finds No 'Egregious Conduct'
May 26, 2010
Although a wife concealed the true paternity of a child born of an adulterous relationship and permitted her husband to incur the costs of raising that child, New York's high court found no "egregious conduct.
New Jersey's Domestic Partnership and Civil Union Acts
May 26, 2010
Domestic Partnership ("DP") and Civil Union ("CU") Acts have opened the door to various benefits for same-sex couples in New Jersey. Along with the benefits come issues and unanswered financial questions that family law practitioners and financial advisers must consider should the relationship end.
Who Is 'Any Person'Anyway?
May 26, 2010
The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.
The Rise (and Fall) Of Consumer Fraud Nationwide Class Actions
May 26, 2010
The use of nationwide class actions as a vehicle for the aggregated resolution of multiple similar claims remains a controversial topic. Here's why.

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