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Columns & Departments

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Med Mal News

ALM Staff & Law Journal Newsletters

News from around the country.

Columns & Departments

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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news and rulings of interest.

Ex Parte Communication with a Physician Image

Ex Parte Communication with a Physician

Lori G. Cohen & Marcella C. Ducca

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 Image

Fifty Years Later: A New Wave of Thalidomide Litigation

Michael D. Brophy

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 Image

Judicial Scrutiny of 'Other Insurance' Clauses

Spiro K. Bantis & Daniel W. London

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 Image

Med Mal News

ALM Staff & Law Journal Newsletters

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? Image

Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?

Lori G. Cohen & Marcella C. Ducca

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 Image

Drug & Device News

ALM Staff & Law Journal Newsletters

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 Image

Verdicts

ALM Staff & Law Journal Newsletters

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 Image

New Jersey's Offer of Judgment Rule

Gary L. Riveles & Cyndee L. Allert

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.

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MOST POPULAR STORIES

  • 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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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    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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