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

The International Community Weighs in on Witness Immunity
November 25, 2008
The question of whether expert witnesses should be immune from disciplinary action when they testify as experts in medical malpractice trials is not just an American issue. Medical societies and courts worldwide are grappling with the subject and their decisions can inform discussions in our own country.
Dealing with a Seriously Impaired Plaintiff at Trial
November 25, 2008
Last month, the authors discussed the fact that state laws vary regarding whether and when an impaired plaintiff can be present in the courtroom during the trial of his or her case. The authors conclude with a discussion on methods for diminishing the emotional impact on the jury of the courtroom presence of such a plaintiff.
Trust Accounts and Bank Failures
November 25, 2008
Many nervous attorneys are inundating their state and local bar associations with questions about what their personal and firm responsibilities are when client trust accounts are held in banks that fail. Bar associations are responding with Web postings and formal ethics opinions.
Court of Appeals to Decide the 'Soul' of Sole Custody
November 25, 2008
An in-depth look at recent decisions affecting the notion of sole custody.
An Economist Defends Against Punitive Damages
November 24, 2008
While punitive ' or exemplary ' damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.
Movers & Shakers
October 30, 2008
Who's doing what; who's going where.
Verdicts
October 30, 2008
Recent rulings of interest to you and your practice.
Med Mal News
October 30, 2008
The latest news you need to know.
Drug & Device News
October 30, 2008
A roundup of recent important news.
Managing Narcotics Medications
October 30, 2008
Last month, the authors discussed some valuable advice that prescribers can use when they are faced with a patient suffering from chronic pain yet also want to avoid, as much as possible, potential investigation or liability. The conclusion herein reviews some of those recommendations.

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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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