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Torts

Assisted Living Facility Litigation: An Overview

Thursday, May 2, 2013

Assisted living facilities (ALFs) have emerged as an elder-care alternative between the little-to-no care required for independent living residences, and the high level of care in skilled nursing homes. Litigation related to ALFs is increasing because these facilities provide an opportunity for significant profit to investors, and because ALFs are not subject to a uniform, specific regulatory structure.

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What Are the Foundational Requirements for High-Tech Exhibits?

Thursday, May 2, 2013

With the multitude of technological resources now available to trial attorneys, the question of admissibility of technologically generated demonstrative evidence, and the weight such evidence is given by judges and juries, remains significant.

Taking Med-Mal Expert Depositions Further

Thursday, May 2, 2013

Questioning does not have to stay within the four corners of the report.

Med Mal Over the Internet

Thursday, May 2, 2013

E-malpractice covers medical professional errors related to any health services delivered or enhanced through the Internet and related technologies. Courts are likely to apply to such transactions the standards and regulations designed to address traditional medical malpractice. This article explores whether that is an appropriate and effective strategy, or if new standards need to be developed to fit this new model.

Nicholas v. Mynster

Thursday, April 25, 2013

Plaintiffs cannot establish the standard of care through an expert who does not practice in the same medical specialties as the defendant physicians.

Turner v. Township of Irvington

Wednesday, April 24, 2013

A public entity employer cannot be held liable for its 9-1-1 operators' conduct regardless of their level of culpability.