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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent happenings in the pharmaceutical arena.

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Med Mal News

ALM Staff & Law Journal Newsletters

The latest happenings that you need to know.

Features

Calculating the Damages Image

Calculating the Damages

Debra Sydnor & Shirlethia Franklin

While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.

Beware New 'E-Prescriptions' Image

Beware New 'E-Prescriptions'

Tresa Baldas

Electronic prescriptions may be the cure for a doctor's bad handwriting, but they also carry an unhealthy dose of legal risks for the ill-prepared. That's what health-care-law attorneys are advising the medical profession as it embraces "e-prescribing" ' a rapidly growing practice whereby doctors are ditching pen and paper to order prescriptions through cyberspace.

How to Handle Therapist Liability Cases for the Plaintiff Image

How to Handle Therapist Liability Cases for the Plaintiff

Joshua D. Koskoff

Under certain circumstances mental-health professionals ' whether psychiatrists, psychologists, social workers or others ' have a duty to protect innocent third parties from their dangerous patients. A look at <i>Tarasoff v. Regents of University of California</i>, and what it means in today's litigation.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

The latest news in this important area.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

Features

Suits Roll in over Recalled Drugs Image

Suits Roll in over Recalled Drugs

Amanda Bronstad

Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.

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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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