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Unintended Results in Divorce Law
March 31, 2009
The matrimonial bench and bar and the legislature espouse the common goal of reducing divorce expense, time and litigation, which drain the resources of litigants and courts. Nevertheless, with the best intentions, the courts and legislature sometimes ' and recently ' have issued decisions and enacted statutes that undermine the goal of streamlining divorce.
The Proper Way to Determine Spousal Maintenance
March 31, 2009
There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.
Wyeth: The Plaintiff's Perspective
March 31, 2009
Another point of view on this key ruling from the Supreme Court.
Verdicts
March 31, 2009
Recent rulings of interest to you and your practice.
Drug & Device News
March 31, 2009
The latest news of importance to you and your practice.
Opinion: Supreme Court Botches Preemption Case
March 31, 2009
One author's strong views about <i>Wyeth v. Levine</i>.
Tort Reform Damage Caps in California, and Beyond
March 31, 2009
In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.
State Claim Not Preempted By Federal Drug Labeling Law
March 31, 2009
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Medical-Legal Issues of Emergency Airway Management
March 31, 2009
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
Don't Overlook Nontraditional Defenses in Patent Litigations
March 31, 2009
It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses &mdash; including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands &mdash; that may be incredibly beneficial to patent defendants.

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