Gay and Lesbian Rights Grants Spill over into Other States
December 26, 2006
As we all know, New York same-sex couples are not allowed to marry in this state, as confirmed by our Court of Appeals in July in the case of <i>Hernandez v. Robles</i>, New York's Constitution does not prohibit the limitation of marriage rights to opposite-sex couples. This does not close the book on all issues surrounding same-sex unions, however, because increased recognition of gay and lesbian rights in other states may have an impact on future cases in New York's courts.
Matrimonial Litigants and Zones of Privacy
December 26, 2006
A recent decision of the Appellate Division, First Department, addressed the rights of matrimonial litigants to shield their identities from publication in reported decisions. In <i>Anonymous v. Anonymous</i>, 27 A.D.3d 356 (1st Dept 2006), the court, citing <i>People v. Jones</i>, 47 NY2d 409 (1979), held that judicial approval of anonymous captions in divorce actions should be granted 'sparingly' and 'only when unusual circumstances necessitate it.' Earlier decisions of trial and appellate courts have manifested a judicial policy to allow anonymous captions only when necessary to promote some public interest, including the need to safeguard the health and welfare of children.
Verdicts
December 26, 2006
Recent rulings of importance to you and your practice.
Med Mal News
December 26, 2006
The latest news for your review.
The Expert Witness Affirmation
December 26, 2006
In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.
Malpractice Class
December 26, 2006
Getting a group of doctors into a room with members of a legal profession is not what you'd call a common occurrence. But the University of Richmond School of Law wants to change that. The school is offering a medical malpractice law and litigation course for its law students and local practicing physicians who can earn continuing medical education credits. It's the first law school course of its kind, and something many law schools are considering in order to bring lawyers and doctors together.
Clinical Trial Litigation
December 26, 2006
It is no surprise to anyone that health care spending continues to rise at what is generally considered the fastest rate in U.S. history. As a result, the health care industry is growing exponentially and is under incredible market pressure. Medical device companies and pharmaceutical companies constantly compete to provide newer and better drugs and devices as well as balance issues relating to cost, patient safety and liability. In order to compete in this environment and develop safe and effective products, testing on human volunteers through clinical trials is necessary. Naturally, because they involve human beings, clinical trials have increasingly become the subject of litigation.
Landlord & Tenant
December 26, 2006
Key rulings of interest to you and your practice.
