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?
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 Biassou v. Fitzsimmons, 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.
As noted last month, the Supreme Court's recent decision in Daimler AG v. Bauman 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.
In-depth look at a case in which a doctor could not testify as an expert without proper notice.
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. G.M.M. v. Kimpson, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
Discussion of several key news items that affect med mal practitioners.
