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Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <i>Gunn</i> test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.
Columns & Departments
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On Sept. 20, Florida's Agency for Health Care issued a emergency order suspending the license of the Rehabilitation Center of Hollywood Hills, the Tallahassee nursing home where 11 people died in the days after Hurricane Irma struck Florida.
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In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.
Features
Ronald J. Levine
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K. Heather Robinson
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Features
J. Randolph Evans
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Shari L. Klevens
<b><I>Lawyers Must Weigh Potential Liability</I></b><p>This article outlines some of the issues relevant to a determination of whether an attorney's inaccurate valuation could create potential malpractice liability.
Features
Janice G. Inman
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
Columns & Departments
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Law Journal Newsletters
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In-depth analysis of two key rulings.
Columns & Departments
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Law Journal Newsletters
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Discussion of cases involving opioid addiction and medical marijuana in the workplace.
Features
Janice G. Inman
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
Features
Edmund W. Searby
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
