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

Evidence of Risk of the Procedure
May 26, 2010
There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.
Immigration Medical Care
May 26, 2010
In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes <i>Bivens</i>-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.
Med Mal News
April 29, 2010
The latest news you need to know.
Verdicts
April 29, 2010
Recent rulings of importance to you and your practice.
Drug & Device News
April 29, 2010
Up-to-date news.
Loss in Injury and Death Matters
April 29, 2010
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
April 29, 2010
Two isolated genes closely associated with breast and ovarian cancer are unpatentable, a federal judge ruled in March. This article presents an analysis of the case.
Courts Diverge on Ex-Parte Interviews Under HIPAA
April 29, 2010
There is, as yet, no consensus on whether defense counsel in medical malpractice proceedings have the right to interview plaintiffs' treating physicians through ex parte interviews to which plaintiffs and their counsel are not invited.
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
April 29, 2010
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
In the Spotlight: Landlords and Tenants Mediate Conflicts
April 28, 2010
Whether or not tenants have protective lease provisions, conflicts frequently arise with landlords facing economic stresses, and more often arise with the successor landlord, foreclosure purchaser. These conflicts threaten ' and often result in ' litigation.

MOST POPULAR STORIES

  • 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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