Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Med Mal News
August 01, 2006
All the latest news important to your practice.
Drug & Device News
August 01, 2006
Recent news you need to know.
Products Liability and the Illegal Acts Doctrine
August 01, 2006
In products liability cases in most states, a plaintiff's conduct that contributes to his or her harm does not bar a claim, but instead may be considered by the jury in weighing the comparative fault of the parties. But should a case even have to go to a jury when the very harm that the plaintiff is suing for resulted from the plaintiff's own criminal misconduct?
New Worklife Expectancy Tables Are Here
August 01, 2006
Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of the New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person's lifetime. The Tables are used almost exclusively by plaintiffs to establish damages, especially plaintiffs who have been injured and expect to return to work, or who have missed no work at all at the time of trial.
Attorneys Gear Up for Virtual Medicine
August 01, 2006
The number of doctors and hospitals making virtual house calls has exploded in recent years, which has lawyers cautioning the medical community about the legal dangers of treating and monitoring patients via the Internet. Attorneys warn that virtual medicine ' which has popped up in hospitals and clinics in more than a dozen states in the last 2 years ' could open the floodgates to malpractice claims, privacy disputes and licensure problems.
Pay for Performance
August 01, 2006
Over the past year, hospitals, doctors and health insurers have been meeting to discuss pay-for-performance (P4P), the latest attempt to correct our dysfunctional health-care payment system. The general concept is actually quite simple: Providers of health-care services would be paid more if they achieve certain performance metrics and less if they don't.
Litigation
August 01, 2006
Recent rulings of importance to your practice.
Divorce Law and the Same-Sex Marriage Debate
August 01, 2006
As the debate over the legal status of same-sex relationships has percolated over the last several years ' fueled in part by a wave of recent judicial decisions and statutes extending comprehensive rights to lesbian and gay couples in Vermont, Connecticut, The state's highest court ruled on July 6 in <i>Hernandez v. Robles</i>, 2006 NY Slip Op 5239, that the New York State Constitution does not compel recognition of marriages between members of the same sex. The court noted that whether such marriages should be recognized is a question to be addressed by the Legislature. (In February 2006, in <i>Samuels v. New York State Dept of Health</i>, 2006 N.Y. Slip Op. 01213, 2006 WL 346465 (3d Dept Feb. 16, 2006), the Third Department joined the First Department in holding that a ban on same-sex marriage does not violate the New York Constitution.) It is now up to the New York State Legislature to determine the future of same-sex marriages and correct the inequality that exists for these couples and their families. This two-part article discusses the many reasons supporting such action.
Settling Alimony Obligations
August 01, 2006
Two recent cases suggest an important difference between the current tax treatment of alimony payments and the pre-1984 treatment of alimony payments. 'Alimony,' of course, is a defined term, and the definition can be structured to include whatever transfers seem appropriate from a tax policy perspective as distinct from the meaning of the term for state law purposes.
Investing Post-Divorce
August 01, 2006
Most clients are shell-shocked following the conclusion of their divorces, but that is one of the most critical times for them to get their lives back on track. Failing to overhaul their financial, estate, insurance and related planning in light of post-divorce realities can have tragic consequences. Too often, once the divorce itself is finalized, practitioners assume their responsibilities are over. While that may be the case, a little guidance to the client as to how to proceed with the rebuilding process can have a tremendous and lasting impact.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
    Read More ›