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We found 1,278 results for "Medical Malpractice Law & Strategy"...

Learned Treatises, Cross-Examination and the Hearsay Exception
December 28, 2011
In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.
Vaccine Claims: Equitable Tolling May Sometimes Now Apply
December 28, 2011
Last month, we discussed the fact that the limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. The discussion continues herein.
Verdicts
November 28, 2011
Rulings that affect your practice.
Med Mal News
November 28, 2011
Recent important news.
Drug & Device News
November 28, 2011
Important information you need to know.
The Doctrine of Equitable Tolling and Vaccine Claims
November 28, 2011
The limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. Still, claimants try to stretch the boundaries, offering varying reasons for why their cases should not be time-barred.
The Use of Learned Treatises in Med Mal Litigation
November 28, 2011
Although everyone knows that medical journal articles, textbooks and practice guidelines often offer powerful ammunition for the trial lawyer, the law surrounding the so-called "learned treatise doctrine" remains neither well settled nor universally applied.
Mediation and the Medical Malpractice Case
November 28, 2011
Because mediations are becoming more frequent ' and compulsory mediation is becoming the norm in certain venues ' counsel must increase their knowledge about how to use the process to achieve the best results for their clients.
<B><I>BREAKING NEWS:</b></i> <b>Merck Settles Vioxx Case for $950 Million</b>
November 23, 2011
Merck &amp; Co., Inc. became the latest healthcare company to strike a major settlement with the Justice Department on Nov. 22, agreeing to pay $950 million to resolve criminal and civil charges stemming from its marketing of the painkiller Vioxx.
Drug & Device News
October 24, 2011
News you may have missed.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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