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We found 1,279 results for "Medical Malpractice Law & Strategy"...

The Autism Cases, and What's Next
April 28, 2009
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
Wyeth: The Plaintiff's Perspective
March 31, 2009
Another point of view on this key ruling from the Supreme Court.
Verdicts
March 31, 2009
Recent rulings of interest to you and your practice.
Drug & Device News
March 31, 2009
The latest news of importance to you and your practice.
Opinion: Supreme Court Botches Preemption Case
March 31, 2009
One author's strong views about <i>Wyeth v. Levine</i>.
Tort Reform Damage Caps in California, and Beyond
March 31, 2009
In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.
State Claim Not Preempted By Federal Drug Labeling Law
March 31, 2009
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Medical-Legal Issues of Emergency Airway Management
March 31, 2009
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
Wyeth: The Plaintiff's Perspective
March 30, 2009
The authors claim that <i>Wyeth v. Levine</i> is a major victory for consumer advocates and champions of the civil justice system. Here's why.
<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense
March 05, 2009
The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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