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Doctors Who Exaggerate Face Claims Beyond Malpractice
When a physician fails to live up to her claims of experience and success and causes injury to a patient, the only recourse traditionally was a medical malpractice lawsuit. However, recent case law suggests a patient may also claim a physician fraudulently misled the patient as to her qualifications, experience and rates of success. Couched in these terms, such a claim may be recognized by a state's consumer protection or fraud act.40 Under 40: Lawyers To Watch in the Next Decade
The list that follows is of 40 young New Jersey lawyers we think are worth watching, not only because of what they have achieved so far in their careers but also because of the potential they show to be among the leaders of the bar in the not-so-distant.N.J. Hormone Replacement Drug Suits Dismissed Under Product Liability Act
The fate of 168 New Jersey suits against the makers of hormone replacement drugs has been thrown into doubt with the summary dismissal of the first two of the cases slated for trial. Superior Court Judge Jamie Happas, the designated judge for all N.J. cases alleging hormone replacement therapy (HRT) drugs caused breast cancer, ruled that the state Products Liability Act's rebuttable presumption of adequate labeling applied and that the plaintiffs failed to surmount it.The Work-Product Doctrine Might Not Protect Your Attorney's Work Product
Until the Supreme Court takes up this invitation, however, it is incumbent upon lawyers to understand both the "qualified" nature of the work-product doctrine in general, and the specific tests that courts will apply to determine which types of documents are subject to its protections.Gannon v. American Home Products Inc.
Federal law principles govern the preclusive effect of the federal court judgment and plaintiffs are collaterally estopped from pursuing their state court action.Trending Stories
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