Columns & Departments
Verdicts
Due to a med mal verdict, an ex-prisoner's estate receives $1.75 million .
Features
'Obstetric Violence' and Modern American Medical Jurisprudence
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
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
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
News about a new emergency opioid overdose-counteracting medication.
Columns & Departments
Med Mal News
Items about website slander of a doctor, and over-prescription of drugs.
Verdicts
Analysis of a key ruling involving a change of domicile.
Features
Litigating Effectively in a Contentious Environment
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
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- The Problem With Sup. Ct. Majority Opinion In Andy Warhol FoundationCommentary The high court's decision's future application is anything but clear and clarification of the parameters of a "transformative" fair use is left open for another day.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property InsuranceMany businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.Read More ›
- Colorado Emerges As Pioneer With Consumer AI LegislationThe Colorado AI Act, the first of its kind in the country, aims to reshape AI system deployment and development, setting a precedent for other jurisdictions.Read More ›
