Prosecution of Subprime-Mortgage Fraud
August 27, 2008
With the meltdown of the U.S. housing market, many players in mortgage lending now face the triple threat of criminal, civil, and administrative legal action. But the scope of federal action against questionable lending practices will depend on the answer to a key question: What funding will be made available to law enforcement agencies?
Verdicts
August 27, 2008
Recent rulings of interest to you and your practice.
Med Mal News
August 27, 2008
The latest news of importance to you and your practice.
Revised PhRMA Code Provides a New Roadmap
August 27, 2008
Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Are Juries Fair to Physicians?
August 27, 2008
Given how large the awards are when there is a verdict against a physician, many in the medical profession and their defense teams have come to believe that juries are random and unfair. The conventional wisdom seems to be that judge-made decisions are a safer bet for med-mal defendants. Is this true?
Fed Court Confirms It: Peer-Review Participants Are Immune
August 27, 2008
The Fifth Circuit decision in <i>Poliner v. Texas Health Systems</i> has put another damper on the hopes of unhappy peer-reviewed medical professionals who want to seek monetary damages for their real or perceived injuries. On the other hand, the decision has eased the minds of those who must step up to ensure the quality of medical care, even when it means taking away some or all of a colleague's privileges.
Practice Tip
August 27, 2008
Over the past decade, plaintiffs have stepped up their assaults on federal diversity jurisdiction in pharmaceutical and medical device litigation. Along with their efforts to chip away at the learned intermediary doctrine, plaintiffs increasingly are attempting to join local sales representatives fraudulently in order to defeat diversity.
A Review of Recent Medical Monitoring
August 27, 2008
Courts have historically been divided over several key elements with respect to what a plaintiff must prove to support a claim for medical monitoring. In this article, we review recent decisions regarding medical monitoring and assess whether there has been any consensus among the courts as to whether an actual, present physical injury is required to support a medical monitoring claim and whether class certification is appropriate for medical monitoring claims.
