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We found 1,278 results for "Medical Malpractice Law & Strategy"...

The Intersection of Bankruptcy and Personal Injury Claims
August 31, 2025
As personal injury and bankruptcy law increasingly intersect, attorneys must navigate a complex legal landscape. Nowhere is this more apparent than in cases involving financially distressed individuals with pending personal injury claims, or tort plaintiffs pursuing recovery against bankrupt defendants. This article highlights key questions and considerations attorneys should understand when navigating these types of cases.
Third Circuit: A Claim’s Enforceability Is Evaluated As of the Petition Date, Not When Objection Filed
June 30, 2025
In the case of In re Promise Healthcare Group, the Third Circuit, addressing an unresolved question within the circuit, recently held that a claim’s enforceability is evaluated as of the petition date, not at the time an objection to the claim is filed.
Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
May 31, 2025
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Increasing Urbanization Revives Attractive Nuisance Doctrine
March 01, 2025
From parks and playgrounds to construction sites and urban farming initiatives, urban environments are becoming more complex, with new opportunities for residents and visitors alike. But with these changes come new challenges, especially for property owners. One of the biggest legal issues they may not even realize is impacting them: the “attractive nuisance” doctrine.
User Privacy Issues In AI Applications
July 01, 2024
Without specific legal guardrails, the use of AI tools must be approached with caution, especially with regard to privacy. This article addresses some of the issues that users and companies using AI applications should be considering in addressing the privacy of users and their transactions.
SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances
May 01, 2022
When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.
Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine
January 01, 2021
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.
Defending Attorneys Against Extortion Charges Presents Unique Challenges
December 01, 2020
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs' lawyer in Maryland and sentencing of two plaintiffs' lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
Trademark 'Theft' With AdWords Keyword Bidding
June 01, 2018
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Exclusion of Evidence: The FDA's 510(k) Process
January 01, 2018
In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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