Challenges to the Admissibility of Evidence in the 'Omics' Era
October 02, 2017
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Assigning Claim Value
October 02, 2017
<b><I>Lawyers Must Weigh Potential Liability</I></b><p>This article outlines some of the issues relevant to a determination of whether an attorney's inaccurate valuation could create potential malpractice liability.
Defamation and the Disgruntled Defendant
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
Third-Party Litigation Funding
October 02, 2017
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Verdicts
October 02, 2017
In-depth analysis of two key rulings.
Drug & Device News
October 02, 2017
Discussion of cases involving opioid addiction and medical marijuana in the workplace.
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
September 02, 2017
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
A Broadening Consensus to Narrow Asset Forfeiture
September 02, 2017
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
Verdicts
September 02, 2017
Discussion and analysis of two major rulings.
Preparing a Medical Witness for Deposition and Trial: A Different Approach
August 01, 2017
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.
