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The Legal Intelligencer

Judge Won't Nix $70M Risperdal Verdict

The judge who oversaw the latest Risperdal trial has rejected Janssen Pharmaceutical's bid to toss the $70 million award.
10 minute read

New York Law Journal

Independent Medical Examination Watchdog: a Bark Worse Than Its Bite

Robert D. Lang and Lenore E. Benessere discuss the recent case “IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits” which raises a new issue when it comes to the manner in which an independent medical examination is conducted, namely whether plaintiffs' attorneys may hire third-parties to audit the examinations and even direct plaintiffs not to participate in all portions of the them.
16 minute read

New York Law Journal

Chairs Named for New Panel on Evidence Law

Former state Court of Appeals Judge Susan Phillips Read and Nassau County Supreme Court Justice William Donnino have been named co-chairs of a panel that will compile a guide to evidence law in New York state.
5 minute read

New York Law Journal

USA v. Compton

Denial of Marijuana's Suppression Upheld; 'Terry' Stop Based on Reasonable Suspicion
3 minute read

The Legal Intelligencer

Will Genomics Become Routine in Toxic Torts Causation Evaluation?

The current state of causation evidence in toxic tort litigation has generated grumbles of unreliability, understandable controversy and the feeling of a jury crap shoot. Jurors are often left weighing statistical evidence containing large data gaps and speculative extrapolations versus sympathetic claims often involving debilitating or fatal diseases. However, the emerging advances in genomics, the ever-increasing compilation of genetic data and the lower costs of individualized testing has opened the door for the use of individualized genetic evidence to support and defend toxic torts with a level of unprecedented reliability.
17 minute read

The Legal Intelligencer

Pa. Courts Disagree on Admissibility of UIM Policy Details

In a ruling indicative of what attorneys said is a lack of uniformity across the state regarding UM and UIM evidence, the Eastern District of Pennsylvania has broken with the Middle District over the admissibility of a plaintiff's underinsured motorist policy limits and premium amounts in a jury trial on damages.
15 minute read

The Legal Intelligencer

Cosby Seeks Seat at Accuser's Deposition in Castor Case

In litigation he is not a part of, Bill Cosby wants his lawyers to sit in on the deposition of the woman who has accused him of sexually assaulting her in 2004, Andrea Constand, in her defamation case against the former district attorney who chose not to prosecute Cosby in 2005.
6 minute read

New York Law Journal

Use of Disciplinary Action in Med-Mal Litigation Prohibited

Joseph D. Nohavicka of Pardalis & Nohavicka discusses 'Mazella v. Beals', in which the court determined that it was improper to admit a consent agreement between the defendant doctor and the Office of Professional Medical Conduct, which contained evidence of the doctor's negligent treatment of 12 unrelated patients.
26 minute read

New York Law Journal

Court Reopens 1989 'Batman' Murder to Probe Brady Issue

A state appeals court has ordered a hearing in a decades-old murder case to determine whether a Bronx prosecutor wrongfully held back information that a witness had struck a deal with federal prosecutors before he testified.
7 minute read

The Legal Intelligencer

Child Abuse Bill: A First Step, But Debate Must Continue

The Pennsylvania House of Representatives overwhelmingly approved House Bill 1947, on April 12, which addresses childhood sexual abuse in both the criminal and civil arenas. The legislation would eliminate legal deadlines for the criminal prosecution of child abusers. Victims of childhood sexual abuse would also be afforded additional time to institute civil claims. Currently, Pennsylvania law extinguishes a litigant's right to file a civil claim for childhood sexual abuse at age 30. The proposed legislation would extend the statute of limitations to age 50 for a victim who suffered sexual abuse as a minor. The original bill included a controversial look-back provision, which would retroactively nullify the statute of limitations for expired civil claims.
10 minute read

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