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Verdicts
Recent rulings of interest to you and your practice.
Drug & Device News
Recent happenings in this important arena.
Med Mal News
The latest news you need to know.
The Pharmaceutical Applications of Nanotechnology
In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.
Case Briefs
Highlights of the latest insurance cases from around the country.
Medical Liens and Ethics
When it comes to claims by medical providers and government agencies seeking reimbursement from patients' personal injury awards, there is often a blurred distinction between liens and subrogation rights. And what about the ethical considerations and violations that are integrally involved in these cases?
Alien vs. Policyholder
Although alien tort claims are still relatively novel, long-standing principles of insurance law, and judicial precedents established based on more familiar fact patterns, should provide helpful guidance to companies facing these claims.
Judges, Juries and Outside Research
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
Pro Bono Networking
In spite of the everlasting drive to bill more hours or service more paying clients, many law firms and bar associations enthusiastically support pro bono activities, with some firms even granting credit for the hours spent on such cases.
The Urge to Merge
In the midst of the current recession-induced pummeling of law firms and in-house legal departments, some positive changes are occurring that are setting the stage for a stronger industry. One is the quantity and quality of law firm mergers that are being consummated.

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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