Calculating the Damages
December 17, 2008
While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.
Beware New 'E-Prescriptions'
December 17, 2008
Electronic prescriptions may be the cure for a doctor's bad handwriting, but they also carry an unhealthy dose of legal risks for the ill-prepared. That's what health-care-law attorneys are advising the medical profession as it embraces "e-prescribing" ' a rapidly growing practice whereby doctors are ditching pen and paper to order prescriptions through cyberspace.
Toxic Plastics?
December 16, 2008
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
December 16, 2008
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.
Quarterly State Compliance Review
December 15, 2008
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1. It also examines some recent decisions of interest.
e-Commerce Docket Sheet
November 26, 2008
Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability<br>Web Host Gets CDA Immunity for Alleged Defamatory Site Content <br>Game 'Cheat' Software Circumventing Security Does Not Violate DMCA<br>Late Option Exercise Under License Not Excused on Equitable Grounds <br>Print-on-Demand Publisher Not Liable for Alleged Defamatory Book