Understanding the Doctrine of Informed Consent
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Case Notes
Recent rulings of interest to you and your practice.
Plug Pulled on Live Video Testimony
Some important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of <i>People v. Wrotten</i>, amply reflects some of the tensions. While <i>Wrotten</i> is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
Significant Class Action Win for the Pharmaceutical Industry in Quebec
On Aug. 17, 2009, in <i>Goyette v GlaxoSmithKline, Inc.</i>, Justice the court ruled in favor of the respondent GlaxoSmithKline Inc (GSK), dismissing a motion for authorization to institute a class action made by the petitioner on behalf of all persons residing in Canada who allegedly experienced dependency and withdrawal problems as a result of using the antidepressant Paxil.
Linking Autism Injuries to Childhood Vaccines
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Children's Products
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Corporate Internal Investigations
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Attorney Work Product at Risk
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
Immunity for Web Site Owners
Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.
