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Verdicts
Recent important rulings of interest to your practice.
Drug & Device News
All the latest news you need to know.
Med Mal News
The latest news of interest to you and your practice.
Accessing Experimental Drugs Through the Compassionate Use Doctrine
In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.
CA Ordered to Reduce Prison Population
A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.
The Constitutionality of Tort Reform Damage Caps
Recently, there have been indications that plaintiffs in California medical malpractice actions may renew a constitutional attack on the provisions of the Medical Injury Compensation Reform Act (MICRA), the tort reform legislation that has governed medical malpractice litigation in California for nearly 25 years. The focus of these recent attacks is MICRA's $250,000 limit on noneconomic damages.
The Tweet 16
Twitter is the latest thing. Before you post to Twitter, consider the consequences. A casual tool such as this makes it easy to unwittingly create an attorney-client relationship or overstep an ethical rule. Even with only 140 characters, you can easily get yourself in hot water.
Law Firms and Social Networking
Along with the viral popularity of social networking Web sites (one of these sites is the fourth most-trafficked Web site in the world), legal blogs, collaboration sites, and informal online education options comes the vulnerability of some risk.
Giving 'Til It Hurts
There is no firm in business today that isn't inundated regularly by requests for contributions, whether for charitable, community, or political causes. For the community- minded firm, the requests can be overwhelming, as is the feeling that you do indeed want to help the organization requesting your help. But how can you serve your community ' and frequently, your firm ' without hurting your own firm's budget and community relations?
Client Speak: The Do-or-Die Business Development Moment
For that one little question, "Would you like to hire us?" there is no approved wording to use or tone with which to ask it. Are we supposed to deferentially lower our voices when we pop the fateful question? How much confidence should we exude?

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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