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Mining the Gold in Flawed Forensic Custody Reports
December 27, 2012
While on occasion a report arrives that is so flawed as to be unsalvageable (suggesting that the report or the evaluator should not come within a mile of the courtroom door), there are certain trial strategies that can assist in preserving the aspects of a report that are both empirically supportable, consistent with the interests of one's client, and consistent with a trial process focused on discerning bests interests.
Verdicts
December 27, 2012
Analysis of an important ruling.
Med Mal News
December 27, 2012
Several items of interest.
Drug & Device News
December 27, 2012
A discussion of several key cases.
The Role of the Mediator in Med-Mal Cases
December 27, 2012
For litigants today, faced with the potential of a long and drawn-out jury trial, along with the uncertainties that accompany such an exercise, mediation is becoming a very important alternative in the dispute resolution process.
Whistleblowing and Peer Review
December 27, 2012
Last month, we discussed the fact that one long-settled aspect of the California Supreme Court's peer-review jurisprudence is the exhaustion-of-remedies doctrine. We stated that two of California's intermediate appellate courts addressed doctors' whistleblower claims ' with diametrically opposed results.
Drug Marketing to Doctors: Changes May Be On the Way
December 27, 2012
The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.
Litigation
December 27, 2012
An in-depth look at a key ruling.
For Better or for Worse: The Case Against Referenda on Marriage Equality
December 27, 2012
While it is natural for same-sex marriage supporters to want to ride the current wave of ballot box victories for marriage equality, that instinct should be resisted because popular-vote referenda are simply not the appropriate vehicle for determining fundamental individual rights, like the right to marry.
Real Estate Considerations in Divorce
December 27, 2012
While every divorce has its own unique issues and challenges, most separating couples face the same problems relating to the disposition of the former marital home. If real property issues are not thoroughly considered during divorce proceedings, financial and emotional problems could linger for years after the divorce is final. This article highlights several important issues that everyone who is going through a divorce or who is recently divorced should consider with regard to the disposition of marital real property, and offers some tips on how to address them.

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