Columns & Departments
Med Mal News
News from around the country.
Columns & Departments
Drug & Device News
Recent news and rulings of interest.
Ex Parte Communication with a Physician
Learning and following each state's local requirements for ex parte contact is key in order to avoid legal and ethical issues in the future.
Features
Fifty Years Later: A New Wave of Thalidomide Litigation
The scourge of birth defects from Thalidomide in the 1950s and 1960s remains one of the worst pharmaceutical disasters ever. And now there's a wave of new litigation.
Judicial Scrutiny of 'Other Insurance' Clauses
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Med Mal News
Pre-Fall Health Influences Recovery <br>Court Calls for Better Disaster Plans to Protect Disabled
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
Columns & Departments
Drug & Device News
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Verdicts
NY Court Won't Use 'Long Arm' to Reach Florida Med Center <br>Judge Went Too Far By Striking Defense's Answer<br>Informed Consent Irrelevant To Malpractice Question
Features
New Jersey's Offer of Judgment Rule
The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere.
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 Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- Delaware Chancery Court Takes Fresh Look At Zone of InsolvencyOver a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.Read More ›
- Ransomware – COVID-19 & Upgrading Your DefensesIt's pretty shameful that in the current crisis we're seeing ransomware on the rise. It's even more shameful that organizations involved in fighting the virus seem to be especially at risk.Read More ›
- 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 ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
