Real Estate Minority Interest Discounts in Divorce Cases
January 30, 2008
Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.
The Failure of Peer Review
January 30, 2008
In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.
Post-Dissolution Disputes Involving Neglected Assets and Liabilities
January 30, 2008
There is a sense of finality when the dissolution decree is entered with the court. Those who practice a steady diet of family law realize, however, that entry of the decree means the divorce process is over for the client, but the attorney is not yet done with the case.
Verdicts
January 29, 2008
Recent rulings of interest to you and your practice.
Med Mal News
January 29, 2008
The latest happenings you need to know.
Medical Battery
January 29, 2008
Medical battery is generally defined as a touching that the patient has not consented to. This occurs when the care provider steps far outside the agreed-upon scope of treatment or, more infrequently, omits to obtain any consent to treatment at all. The New Jersey Supreme Court defined the concept in <i>Perna v. Pirozzi</i>: 'If the claim is characterized as a failure to obtain informed consent, the operation may constitute an act of medical malpractice; if, however, it is viewed as a failure to obtain any consent, it is better classified as a battery.'
Privacy and Consent
January 29, 2008
Internet telemedicine is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. Consequently, state boards of medical examiners and state legislatures throughout the country have initiated disciplinary hearings and legislation to limit a physician's ability to practice medicine without prior hands-on contact with a patient.
No More Free Lunch!
January 29, 2008
Legally speaking, a cause of action for a physician's failure to disclose a financial relationship with a drug company or medical device manufacturer may take the form of a medical malpractice case for lack of informed consent or breach of fiduciary duty. This article discusses what physicians can do.
