Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
May 28, 2013
Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:
Informed Consent and Res Ipsa Loquitur
May 28, 2013
Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?
The New Estate-Planning Environment
May 28, 2013
Two recent events have dramatically changed the face of estate planning and each will have a significant impact on divorces for years ' likely decades ' in the future. This article explores each of these two factors.
The Supreme Court Hears Arguments on Proposition 8 and DOMA
May 28, 2013
Questions posed by the Supreme Court may portend rulings not on the merits.
Nursing Home Arbitration Provisions
May 28, 2013
What is the enforceability of nursing home arbitration clauses? A look at federal and state rulings.
Reverse Triangular Mergers
May 24, 2013
Contracts may represent the most important assets of a corporation. The counterparties to those contracts, wary of changes in the identity of the corporation that could follow an M&A transaction, usually seek to restrict those changes by negotiating anti-assignment clauses.
LegalVIEW Data Shows Litigation Up, Legal Spend Down
May 24, 2013
The two hottest litigation areas these days are wage-and-hour and regulatory/compliance cases. But that isn't translating into more legal spending by corporate law departments.
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