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

Med Mal News
February 25, 2010
Recent happenings you need to know.
Inquest on Damages
February 25, 2010
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
The Battle of the Experts
February 25, 2010
When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain'
February 25, 2010
In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
Movers & Shakers
January 28, 2010
Who's doing what; who's going where.
Verdicts
January 28, 2010
Recent rulings of interest to you and your practice.
Med Mal News
January 28, 2010
Recent news of importance.
Drug & Device News
January 28, 2010
News you need to know.
The Medicare Secondary Payer Statute
January 28, 2010
On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.
Determining Whether Medical Causation Is Established
January 28, 2010
What does this standard of proof mean, and how can we gain a better understanding of statistical analysis help to determine when the standard for proving medical causation has, and has not, been met?

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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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