A state attorney general's novel investigation into the development of treatment guidelines for Lyme disease should put health care and professional medical societies on alert to a possible new front in antitrust litigation, say antitrust lawyers and others. Connecticut Attorney General Richard Blumenthal late last year issued a subpoena to the Infectious Diseases Society of America (IDSA) for information on how it established its latest guidelines on the diagnosis and treatment of Lyme disease ' guidelines that were subsequently adopted by the Centers for Disease Control and Prevention (CDC). While IDSA has responded to the subpoena, Blumenthal said his investigation is ongoing. 'We've reached no conclusion,' he said.
When tortious conduct causes injuries, the plaintiff is allowed to recover as special damages the 'reasonable value' of the medical services needed to treat the injury. Today, determining what is the 'reasonable value' of health care services is becoming a more challenging task.
The authority to concede liability derives from a defendant's inherent right not to contest claims made by a plaintiff. There has been a general reluctance to concede liability on the part of the defense bar, based as much on the inability to recognize what is to be gained by such an approach as on an unrealistic fear of what may be lost. However, conceding liability can provide a valuable opportunity to enhance one's credibility, as well as a vehicle to provide damage and expense control. In the appropriate case, conceding liability can be a particularly effective strategy, which tends to be underused. What are the risks and benefits of conceding liability? In which cases is it appropriate to employ the strategy? We address herein some of the practical aspects.
The U.S. Court of Appeals for the District of Columbia in March began reconsideration of its decision that held it was unconstitutional for the Food and Drug Administration (FDA) to withhold experimental drugs from terminally ill patients. The order for rehearing en banc was issued in November 2006. The case pits dying, often desperate, patients against the FDA and its policies aimed at protecting the public from dangerous and unproven medications.
Physicians and policymakers have long decried the risk of malpractice liability as the greatest obstacle to volunteerism in health care. Over time, lawmakers across the country have responded to these concerns, and today there is an array of federal and state laws that protect volunteer health care providers from lawsuits arising from the provision of charitable medical care. Prudent defense counsel should be aware of the laws that exist to protect volunteer health care providers, and should know just when those laws apply. What federal and state statutes immunize providers of charitable health care, and how can those statutes operate to protect defendants in medical malpractice actions?
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions
Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.
