Mandatory Binding Arbitration
May 29, 2008
In the medical malpractice arena, the decision whether or not to arbitrate a case is an important one. Going through the arbitration process and allowing the case to be determined by an arbitrator or an arbitration panel, rather than trying the case and allowing the outcome to be determined by a civil jury, can have advantages and disadvantages to both the physician and the patient.
Pharmaceutical Products and Suicide Risks
May 29, 2008
Does the increased scrutiny on drug products for evidence that they cause suicidal thoughts mean that suits seeking damages for such thoughts in drug consumers have a better chance at success? An in-depth discussion.
Problems with Causation Testimony
May 29, 2008
Recently, the Georgia Court of Appeals affirmed a directed verdict based on <i>Daubert</i> principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
<B>BREAKING NEWS:</b> Merck Wins Big
May 29, 2008
In a stunning turnaround today, separate appeals courts in New Jersey and Texas reversed verdicts against Merck from some of the earliest trials involving the now-withdrawn painkiller Vioxx.
e-Commerce Docket Sheet
May 28, 2008
No CAN-SPAM Claims When ISP Cannot Show Real Adverse Effects<br>Court Says Departing Worker's Computer Access No CFAA Breach<br>No Impleading ISP, P2P Network on Unrelated Torts<br>Roommate Site Not Immune under CDA From FHA Claims<br>Non-residents Using Others' Trademarks for Web Traffic Answers in Owner's Forum
It Takes More Than A Shingle to Be a Good e-Commerce Attorney
May 28, 2008
If you've grabbed the brass ring ' or you want to prepare to ' don't rest on your laurels too long. Experienced e-commerce counsel warn colleagues not to let the ever-shifting world of e-commerce catch them unaware. Traits of effective e-commerce counsel, culled from a cadre of some of these experts, follow.
Dressing Your e-Business Up for Success
May 28, 2008
Asking an e-commerce entrepreneur whether he or she knows what the business looks like may seem silly. After all ' doesn't it seem a given that no one can run a business, whether an e-commerce venture or a traditional bricks-and-mortar storefront operation, without knowing its basic financial information, especially cash flows, receivables and payables, and the balance sheet?
