Features
The Adjudication of Affordability
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Features
New Jersey's Tort Claims Act
Is there a bright-line rule for when a claimant is put on notice of a physician's status as a public employee for purposes of New Jersey's Tort Claims Act? The answer may be found in the matter of <I>Biassou v. Fitzsimmons</I>, in which the trial court and Appellate Division ruled that a plaintiff's claims were barred under the Tort Claims Act for failing to timely file a notice of claim.
Columns & Departments
Med Mal News
Discussion of the latest news of interest to you and your practice.
Features
General Jurisdiction After <i>Daimler AG v. Bauman</i>
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
Columns & Departments
Verdicts
In-depth look at a case in which a doctor could not testify as an expert without proper notice.
Features
Ethnicity-Based 'Economic Loss' Testimony Unconstitutional
Two years ago, a bombshell decision issued in the Eastern District of New York by Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case. <I>G.M.M. v. Kimpson</I>, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
Columns & Departments
Drug & Device News
Discussion of several key news items that affect med mal practitioners.
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