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Custody Litigation: A Psychologist Discusses a Broken System
July 02, 2015
This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
Class III Medical Device Product Liability Claims Under <i>Twombly</i> and <i>Iqbal</i>
July 02, 2015
It is well founded that the pleading standard set forth in <i>Twombly</i> and <i>Iqbal</i> applies to claims involving Class III medical devices. In these actions, however, federal courts have taken different approaches to the application of the two rulings.
Health Care Policies and Procedures As a Basis for Liability
July 02, 2015
Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. However, in the event of a bad outcome, policies and procedures become evidence in litigation, and "violations" frequently become the central focus of malpractice claims.
Reconciliation and Settlement
July 02, 2015
It is not uncommon for a couple to reconcile. The issue is what, if any, impact the couple's reconciliation has on their settlement agreement. The answer is: It depends.
Physician-Assisted Suicide
July 02, 2015
On Feb. 6, 2015, the Supreme Court of Canada issued a landmark ruling, overturning precedent only two decades after it held that Canadian citizens have the right to end their lives, but if done with the assistance of a physician, that physician could be held liable. This highly anticipated decision is expected to encourage the efforts of right-to-die advocates in the United States and abroad.
Case Notes
July 02, 2015
In-depth analysis of two important rulings.
Patent Reform Bills Target Patent Trolls
July 02, 2015
On Sept. 16, 2011, the America Invents Act became effective, including provisions directed at non-practicing entities, commonly known as "patent trolls." Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills.
Drug & Device News
July 02, 2015
A manufacturer goes to court to challenge the FDA's restrictions on off-label drug use promotion.
Limiting Successor Liability Under Assigned Medicare Provider Agreements
July 02, 2015
This article discusses the risks associated with accepting assignment of a distressed health care provider's Medicare provider agreement, as well as providing suggestions for managing those risks.
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
July 02, 2015
When it comes to significant chunks of the white-collar criminal and regulatory landscape, practitioners often are forced to provide advice based on professional lore derived from negotiated settlements rather than enacted laws or judicially established case law.

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