ARONS AUTHORIZATIONS: WHAT THEY CAN SAY (IN THE SECOND DEPT., ANYWAY)
In Arons v. Jutkowitz, et al , 9 N.Y.3d 393, 850 N.Y.S.2d 345, 880 N.E.2d 831 (2007), New York’s Court of Appeals held that... Read More
ALTERNATIVES TO TORT “REFORM” THAT DON’T HURT MED MAL VICTIMS
The State of New Jersey has taken an innovative approach to addressing a longstanding concern of physicians in high-risk practices. According to... Read More
BACK FROM THE WARS, AND ANGRY AT THE 1ST DEPT.
OK, OK, I know it’s been a while since I’ve checked in. Sorry, but some of us blawgers actually have to try cases now and... Read More
UPDATE ON BACKFIRING OF FEDERAL PREEMPTION DUE TO MANUFACTURER FRAUD
In my last post , I addressed the dangers and senselessnes of FDA preemption in the wake of Riegel v. Medtronic , given the reality... Read More
IS FEDERAL PREEMPTION OF MEDICAL DEVICE CLAIMS BACKFIRING?
Today, we revisit the story of a West Virginia orthopedist who has injured and killed numerous residents of his state with his... Read More
SENATOR PEDRO ESPADA AND THE LAW
Bronx Senator Pedro Espada is in the news again today. The City Room blog (NY Times) reported that he came under fire for failing... Read More
REEL TORT REFORM, JUDGES WE’LL MISS (SOUTER), AND AVOID (LOPEZ)
It’s been an exciting week in the world of torts, and the law in general. What follows is a wrap up of... Read More
HYPERLOCAL WEBSITES: ARE YOUR EFFORTS UP FOR GRABS?
If you’re reading this, you probably know that it is rare that I go off topic at this blog. It takes something... Read More
“ANGELA’S LIST,” AND OTHER NEWS FROM THE 1ST DEPT, AND CT. OF APPEALS
One list you do not want to be part of, if you are a New York State lawyer, is Angela’s List. What is Angela’s... Read More
ROOM FOR IMPROVEMENT TO MEDICAL MALPRACTICE STATUTE OF LIMITATIONS?
One of the most disturbing aspects of litigating medical malpractice cases on behalf of plaintiffs is having to tell them their case,... Read More