As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.
TheUnited States Court of Appeals for the Seventh Circuit recently held that merely "authorizing" medically necessary services can constitute illegally "referring" patients under the AKS, if improper payments are made to the authorizing doctor.
The admission of evidence of a health care provider's customary practices to prove that he or she acted in accordance therewith in a specified plaintiff's case is not necessarily guaranteed. Last month, in Part One, we began looking at how New York's courts have handled the issue of admissibility when such evidence was offered. We conclude that discussion here.
In order to assess the validity of economic losses within the field of medical malpractice, a number of variables must be taken into consideration. And depending on the alleged loss advanced, there exist subjective elements that make it difficult to gauge and evaluate those allegedly caused by the medical malpractice.
The Eleventh Circuit was faced with some controversial questions in a case in which an injured ship's passenger received allegedly negligent treatment in the ship's medical clinic by contractor medical providers. The passenger soon died.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
