Full Court May Weigh Taxation of Damages
November 29, 2006
A federal appeals court is weighing whether to review a controversial tax decision in which a unanimous three-judge panel struck down as unconstitutional the federal income tax on nonphysical, compensatory damages awards. (<i>See</i> 'Court Tosses Federal Tax Statute Covering Emotional Damages,' <i>Medical Malpractice Law & Strategy</i>, Nov. 2006). Claiming the case is one of 'exceptional importance' to the execution of the nation's tax laws, the Bush administration recently asked the full U.S. Circuit Court of Appeals for the District of Columbia to rehear <i>Murphy v. U.S.</i>, No. 05-5139. In October, the court, on its own motion, ordered lawyers for Marrita Murphy to respond to the government's rehearing petition, a signal that the court is interested, according to some circuit watchers.
Med Mal News
November 29, 2006
Recent news you need to know.
Drug & Device News
November 29, 2006
The latest information from the pharmaceutical world.
Terminally Ill Med Mal Plaintiffs
November 29, 2006
Living victims of medical malpractice are almost always, by definition, not in the best of health. Some have lingering problems, such as scars or recurring pain, but others will have sustained injuries that will eventually lead to their demise. Some may not have suffered life-threatening injuries at the hands of their medical providers, but they are expected to die soon anyway from an unrelated terminal illness, or merely old age. In these situations, the necessity of a speedy resolution to the plaintiff's claim is evident; without it, any benefit the victim might have gained from an award will go to his or her heirs rather than to claimant. In addition, the loss of the claimant's personal testimony at trial may prejudice the outcome of the case.
Fourteen Rules for Working with an Expert Economist
November 29, 2006
I began offering my services as an expert economist more than 25 years ago and have testified in literally thousands of cases. This experience qualifies me, I hope, as an expert in the use of experts, especially the use of expert economists. Here, I offer a few insights I have garnered over the years that I hope will be useful to medical malpractice attorneys. I guarantee that if you heed most of the 'rules' below, you will have helped your economist do the best job he or she can do for you and your client.
The Debate on Cardiac Stent Safety
November 29, 2006
During the late summer and early autumn of 2006, the medical community began to express second thoughts about the safety of drug-coated cardiac stents, which have in recent years been given credit for reducing the frequency of complications arising from the use of a previous generation of stents. The publicity generated by the news media interested me in my professional role representing health care providers, and for personal reasons as well.
Malpractice 'Notice' and 'Claims' Issues In Suits Against Entertainment Attorneys
November 29, 2006
The increase in recent years in malpractice claims against lawyers has impacted entertainment attorneys, too. If a malpractice complaint is filed, will the attorney's liability policy cover the suit? Two primary concerns here are whether the attorney has timely notified his or her insurer of a malpractice claim and how to determine the number of malpractice 'claims' for purposes of the insurer's malpractice-coverage obligations.<br>A recent ruling by the U.S. District Court for the Western District of Wisconsin addressed both issues, as well as which state's law should apply in interpreting malpractice policies.
Litigation
November 29, 2006
Recent rulings of importance to you and your practice.
Valuing Licenses and Degrees, New York Style
November 29, 2006
New York often serves as a leading venue for concepts in matrimonial law. Although states differ widely on valuation issues such as personal and organizational goodwill, the concept of value to a professional license or degree has a certain amount of differentiation to the marital pot. Matrimonial attorneys need to recognize the valuation theories underscoring arguments of earnings capacity. Depending upon the applicable state's case law, these theories will impact their next case.
NY Courts Define 'Egregious Conduct'
November 29, 2006
Like New Jersey, New York generally does not consider fault when distributing marital assets. (<i>See</i> Strober L: Marital Misconduct and Alimony. <i>The Matrimonial Strategist</i>, November 2006.) However, there are circumstances under which both states will factor in fault.
