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

Suits Roll in over Recalled Drugs
November 25, 2008
Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.
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.

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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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