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Med Mal News
Congress Approves Tort Reform Bill
On July 28, Congress approved a medical malpractice reform bill that would cap non-economic damages at $250,000 and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. Multiple defendants could be held liable only for that portion of harm attributable to them. A limitation would also be placed on contingency fees attorneys in med-mal litigations could earn. One of the more controversial aspects of the bill is that it would protect drug and device manufacturers from being sued for punitive damages by those injured by the drugs or devices if such products were approved by the FDA. Medical practitioners who prescribe any such FDA-approved drug or device could not be named as defendants in any action for product liability. The bill, HR-5, is substantially the same as bills that have passed in Congress before but were later rejected by the Senate.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.