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Drug & Device News

ljnstaff

Discussion of an approved chemotherapy overdose medication.

Columns & Departments

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Verdicts

Due to a med mal verdict, an ex-prisoner's estate receives $1.75 million .

Features

'Obstetric Violence' and Modern American Medical Jurisprudence Image

'Obstetric Violence' and Modern American Medical Jurisprudence

Eric J. Frisch

A recent Yahoo! Parenting article grouped a particular lawsuit under the larger rubric of "obstetric violence." But, what is "obstetric violence" and how does it fit into the modern American medical jurisprudence?

Features

Off-Label Promotion and Product Liability Image

Off-Label Promotion and Product Liability

Alan G. Minsk

The pharmaceutical industry has recently felt empowered and emboldened by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about unapproved uses, i.e. , off-label, so long as the information is truthful and not misleading. However, companies must, nevertheless, consider potential product liability ramifications. There is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.

Features

Contentious Litigation Image

Contentious Litigation

Lori G. Cohen & Ritu Kelotra

As we discussed in the Part One of this article, defense attorneys are increasingly finding themselves faced by opposing counsel bent on using any means possible to harass them and their clients, leading to a more contentious litigation environment than is really necessary. We continue herein with a review of some of those tactics, and we consider how they may be addressed.

Columns & Departments

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

News about a new emergency opioid overdose-counteracting medication.

Columns & Departments

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Med Mal News

ALM Staff & Law Journal Newsletters

Items about website slander of a doctor, and over-prescription of drugs.

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Verdicts

ljnstaff & Law Journal Newsletters

Analysis of a key ruling involving a change of domicile.

Features

Litigating Effectively in a Contentious Environment Image

Litigating Effectively in a Contentious Environment

Lori G. Cohen & Ritu Kelotra

Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?

Features

Collaborative Arrangements And Physician Liability Image

Collaborative Arrangements And Physician Liability

Thomas A. Moore & Matthew Gaier

There was a time when people who were sick or pregnant would go to the doctor's office and be examined and treated by a physician. As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided not by physicians, but by other health-care professionals, such as nurse practitioners and midwives.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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