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New York Law Journal

The Witness Litigation Privilege

In his Complex Litigation column, Michael Hoenig discusses 'Day v. Johns Hopkins Health Sys.', writing: The Witness Litigation Privilege continues to be a formidable policy-based immunity rule. However, its application in given cases requires careful analysis, state-by-state, as legislative or decisional incursions have been effected.
11 minute read

New York Law Journal

The Defense of the Informed Consent Claim

In his Medical Malpractice Defense column John L.A. Lyddane discusses how to approach the defense of the informed consent claim at trial. He writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.
8 minute read

New York Law Journal

Hospital Fall Case Must Go Forward Amid Experts' Divergence, Appeals Court Rules

In reversing the trial court's dismissal, an Appellate Division, Second Department, panel has ruled that a stroke victim who fell from his hospital bed “raised triable issues of fact” regarding whether North Shore University Hospital and a treating physician departed from accepted practice and whether the fall caused his condition to worsen.
4 minute read

The Recorder

Chhabria Blesses Monsanto's Move to Bifurcate Upcoming Roundup Trials

In an unusual move, U.S. District Judge Vince Chhabria in San Francisco bifurcated the first bellwether trials in the multidistrict litigation over the herbicide Roundup, the first of which starts next month.
5 minute read

New York Law Journal

Requiem for the Biomechanical 'Frye' Hearing?

On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.
7 minute read

National Law Journal

Virginia Beach Ordered to Open Up Records on Counsel Fees Racked Up in Real Estate Dispute

The Virginia Supreme Court has ruled that the city of Virginia Beach must be more forthcoming in detailing how it spent hundreds of thousands of dollars in legal fees in a dispute involving an office building it purchased and a local dentist who had been a tenant.
4 minute read

New Jersey Law Journal

Using Expert Testimony in Construction Disputes

Construction disputes require lawyers to deal with complex, highly technical architectural, engineering and construction issues, making expert testimony crucial to prove or defend claims arising from construction projects.
7 minute read

Daily Business Review

Testifying Remotely May Soon Be Easier if Proposed Rule Changes Are Approved

Growing confidence in the use of real-time communications equipment to take the testimony of witnesses located elsewhere has generated proposed amendments to Florida's rules of court procedure that may incentivize the use of such equipment—by allowing witnesses to be sworn in remotely.
4 minute read

New Jersey Law Journal

Expert's Late-Developing Conflict Warranted Deadline Extension in Title Companies' Dispute, Court Says

A title insurance company involved in litigation with a competitor should have been granted a little more time to obtain an affidavit of merit after it learned well into the litigation that its expert had a conflict of interest, a New Jersey appeals court has ruled.
3 minute read

Litigation Daily

In Fight Over Palm Restaurant IP Licensing, a $120M Judgment--and a Fractured Family

In 2012, the Palm's prized intellectual property—its trademarks, service marks and design elements, including its robust menu and caricature-filled walls—became the fighting ground for a legal dispute between long-connected families. Now, an important state Supreme Court bench trial decision has settled the dispute, at least for the time being.
9 minute read

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