How to Handle Therapist Liability Cases for the Plaintiff
Under certain circumstances mental-health professionals ' whether psychiatrists, psychologists, social workers or others ' have a duty to protect innocent third parties from their dangerous patients. A look at <i>Tarasoff v. Regents of University of California</i>, and what it means in today's litigation.
Litigation
Recent rulings of interest to you and your practice.
The Effects of Same-Sex Marriage on Employee Benefits
This article discusses some of the challenges in the arena of employee benefits under ERISA and the Internal Revenue Code. The discussion is applicable to California, Massachusetts and Connecticut unions, as well as to employers in any jurisdictions that employ individuals who have been married elsewhere.
High Court to Hear Arguments on ERISA Beneficiary Designation
In October 2008, the U.S. Supreme Court heard arguments regarding whether a qualified domestic relations order (QDRO) under the Employee Retirement Income Security Act trumps a woman's voluntary waiver of her ex-husband's pension benefits, an issue that has divided federal appeals courts and left divorce lawyers unsure how to advise clients. This article provides an update.
Sole Custody's Soul, As Viewed by a Psychologist
In a response to an article from our December Issue, psychologist David A. Martindale states that "parental concerns with such issues as 'image' must be seen by our courts for what they are: distractions. In cases involving custody and access, our courts are obligated to focus on the best interests of the children whose parents have brought the disputes to court.
Toxic Plastics?
Canada recently became the first country in the world to limit exposure to bisphenol A, or BPA, a chemical found in numerous plastic products. The same month, the FDA decided to conduct further studies on BPA. These events may mark a dramatic change in official categorization and treatment of the chemical after decades of scientific and public debate. It may also result in new litigation across the country.
Practice Tip: Expert Witness Selection
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
