Case Notes
November 02, 2017
The U.S. Supreme Court is deciding whether to consider the case of Southern Baptist Hospital of Florida v. Charles, which pits a plaintiff against a hospital in the ongoing battle over which documents are privileged as adverse event records for the improvement of quality of care, and which must be turned over to aggrieved patients and their families.
Drug & Device News
November 02, 2017
Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <i>Gunn</i> test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.
Med Mal News
November 02, 2017
On Sept. 20, Florida's Agency for Health Care issued a emergency order suspending the license of the Rehabilitation Center of Hollywood Hills, the Tallahassee nursing home where 11 people died in the days after Hurricane Irma struck Florida.
Verdicts
November 02, 2017
In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.
The State of Lawyer Well-Being Is Not Strong
November 01, 2017
A 2016 study found that between 21% and 36% of lawyers fall into the category of "problem drinkers." As for other mental illnesses common to the profession, 28% reported struggling with depression, 19% with anxiety, and 23% with stress. What can be done?
Challenges to the Admissibility of Evidence in the 'Omics' Era
October 02, 2017
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Assigning Claim Value
October 02, 2017
<b><I>Lawyers Must Weigh Potential Liability</I></b><p>This article outlines some of the issues relevant to a determination of whether an attorney's inaccurate valuation could create potential malpractice liability.
Defamation and the Disgruntled Defendant
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
Third-Party Litigation Funding
October 02, 2017
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Verdicts
October 02, 2017
In-depth analysis of two key rulings.