"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
In recent days, the scandal with Sony Pictures Entertainment, Inc. went from an embarrassing tabloid scandal to a possible terrorist threat. The breach also has impacted thousands of current and former employees....more
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Judgments:
New South Wales -
19 December 2014 – Dr Reid v Medical Council of NSW -  NSWCATOD 152 -
The Medical Council...more
We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more
Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The...more
A recent decision by the Court of Appeals of Indiana reinforces the peril faced by health care employers when employees authorized to access confidential information do so for improper purposes. In Walgreen Co. v. Hinchy, the...more
Are parents now liable for what their kids post to Facebook? According to a recent decision in the Georgia Court of Appeals, they are.
The Georgia Court of Appeals held that the parents of a seventh-grade student...more
In Jim Aana, et al. v. Pioneer Hi-Bred International, Inc., et al. (August 26, 2014) (2014 WL 4241221), a consolidated class-action lawsuit filed by the residents of Waimea, Kauai, the United States District Court for the...more
Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable...more
A federal district court has held that design defect claims against a brand pharmaceutical manufacturer are preempted by federal law. Booker v. Johnson & Johnson, No. 3:12 oe 40000, 2014 WL 5113305 (N.D. Ohio Oct. 10,...more
There has been a lot of curiosity within the biologics industry regarding how the “patent dance” procedures of the Biologics Price Competition and Innovation Act (“BPCIA”) would operate. This interest was piqued in July 2014...more
According to a complaint filed in a Florida court, a Cryptsy account holder is claiming that Project Investors, Inc. (dba Cryptsy) and its founder and CEO should be held liable for Bitcoin allegedly stolen from his Cryptsy...more
The hypothetical -
HealthPayPlus (HPP) designs custom record management systems for large hospital systems. HPP developed a system for Research Hospitals of America (RHA) that HPP promised would revolutionize RHA’s...more
In This Issue:
Judgements, Legislation, and Reports.
Excerpt from Judgments:
15 October 2014 -
Gray v Richards  HCA 40 -
In 2003, a 10-year-old girl...more
In recent weeks, a Texas woman — formerly the object of unwanted prurient online attention — made national headlines when she sued Facebook for the staggering sum of $123 million for the social media giant’s role in hosting...more
Reader comment sections have become ubiquitous to websites that host original content. They serve the interests of the website host by attracting traffic and ultimately advertising revenue, generating buzz for contributors...more
The ALRC has recommended (once again), in a recent report regarding the Serious Invasions of Privacy in the Digital Era, that a statutory cause of action for serious invasions of privacy be introduced.
The proposal by...more
While self-driving cars have the potential to significantly reduce auto accidents and injuries, autonomous and semi-autonomous vehicles do not fit neatly into the current motor vehicle and insurance regulatory regimes....more
The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more
Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past...more
In reversing the dismissal of a negligent failure to warn action, the Ninth Circuit Court of Appeals appears to have carved out an exception to the immunity afforded to website operators under the Communications Decency Act...more
..We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. ...more
A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images.
The plaintiff sued Facebook and the...more
An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more
Last week, the Supreme Court of Alabama confirmed its January 2013 holding that manufacturers of brand drugs can be liable for injuries caused by generic drugs. Weeks v. Wyeth, Inc., No. 1101397, slip op. (Ala. Aug. 15,...more
Internet liability rules applicable to Wikipedia are different from the ones with which YouTube has to comply according to the Court of Rome as Wikipedia has now been declared not liable to for the defamatory contents...more
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