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

Recovery for the Death of a Stillborn Child
September 29, 2008
The legal protection afforded to the unborn has become a procedural and substantive issue arising in both traditional and non-traditional contexts. Following is a look at case law, past and present.
Pharmaceutical And Medical Device Litigation
September 29, 2008
Part One of this article described some general principles regarding the concept of fraudulent joinder and the patchwork of conflicting definitions and procedures for analyzing fraudulent joinder that has developed in the Circuit Courts. This conclusion offers strategies for defeating fraudulent joinder.
Verdicts
August 27, 2008
Recent rulings of interest to you and your practice.
Movers & Shakers
August 27, 2008
Who's doing what; who's going where.
Med Mal News
August 27, 2008
The latest news of importance to you and your practice.
Drug & Device News
August 27, 2008
The latest news in this important area.
Revised PhRMA Code Provides a New Roadmap
August 27, 2008
Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Are Juries Fair to Physicians?
August 27, 2008
Given how large the awards are when there is a verdict against a physician, many in the medical profession and their defense teams have come to believe that juries are random and unfair. The conventional wisdom seems to be that judge-made decisions are a safer bet for med-mal defendants. Is this true?
Fed Court Confirms It: Peer-Review Participants Are Immune
August 27, 2008
The Fifth Circuit decision in <i>Poliner v. Texas Health Systems</i> has put another damper on the hopes of unhappy peer-reviewed medical professionals who want to seek monetary damages for their real or perceived injuries. On the other hand, the decision has eased the minds of those who must step up to ensure the quality of medical care, even when it means taking away some or all of a colleague's privileges.
Reconstructing Alimony and Spousal Maintenance
August 26, 2008
While there is no evidence of a groundswell of support for the idea that the alimony system should be reformed by using formulaic guidelines, there appears to be an escalating dialogue on this subject that matrimonial law practitioners, jurists and legislators in the State of New York and elsewhere cannot ignore.

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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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