Tuesday, May 20, 2008
FROM THE UPCOMING ISSUE
More surgeries are shifting from hospitals to outpatient surgical centers, a trend that is starting to generate more medical malpractice litigation, attorneys are noting. "Things happen in surgical centers more commonly than in hospitals because hospitals are much more likely to be regulated than surgical centers," said Stuart Ratzan of Miami's Ratzan & Rubio.
FROM THE UPCOMING ISSUE
An Indiana appeals court has affirmed an $18 million legal malpractice verdict against an Indianapolis attorney for mishandling a health benefits trust that resulted in its liquidation. Attorney Frederick Dennerline lost a bid to overturn the two-year old jury verdict which found him liable for the unpaid claims stemming from the 2002 insolvency of the Indiana Construction Industry Trust.

LABOR & EMPLOYMENT
EFCA could alter labor landscape
The Employee Free Choice Act would significantly alter labor law.
Read our daily blog for the Los Angeles area that covers law firm news and local legal developments.
Issue of May 19, 2008

Spencer Baretz thought his law career was off to a flying start when he accepted a judicial clerkship in New York. But after clerking and working in a large law firm's corporate practice, he made the leap to entrepreneurship. "I really enjoyed the law but until your fifth or sixth year you are a paper pusher," said Baretz, who now runs a consulting firm specializing in law firm marketing. "It's not that intellectually stimulating. Here, I'm running a business, negotiating deals, pitching business." Attorneys who follow Baretz's path are often prompted by the immeasurable lure of building an idea into a business.
States and consumer groups recently won a rare victory in the pre-emption wars with the banking industry as part of legislation addressing the nation's mortgage crisis. But just how large and lasting a victory it will be is uncertain.
Judge Sandra L. Lynch will become the first woman to serve as chief judge of the 1st U.S. Circuit Court of Appeals on June 16. The life of a trailblazer is nothing new for Lynch. She is the first and only female judge named to the court since her appointment in 1995, and was the first female clerk in Rhode Island's U.S. district court. Even in private practice, Lynch was the first woman to chair Boston-based Foley Hoag's litigation department in the late 1980s.

CALIFORNIA
A California city on the brink of seeking federal bankruptcy protection, has become a national bellwether for financially shaky local governments considering the pitfalls of filing Chapter 9 municipal bankruptcy. Lawyers advising local governments around the country are watching Vallejo, Calif., to see how long the city stays in bankruptcy, how it emerges, whether the judge allows the city to renegotiate contracts with unions and bondholders, whether it sells city assets and who buys them. More News

EXPERT WITNESS
The use of statistical testimony in the courtroom is undeniably growing. There are several statistical techniques that can give a sense of the precision of the statistic as an estimate. One such technique is the computation of a confidence interval or interval estimate. The interval is a range of numbers that may include the true population parameter. Here's how the expert computes the interval. More Columns

DRUG SUIT PRE-EMPTION
Pre-emption threatens the vitality of state tort law and the historic co-existence of federal prescription drug safety standards and common law remedies for injuries arising from those drugs. The recent trend of pharmaceutical companies seeking immunity from state law tort liability and prevailing raises serious questions about federalism. Why should this industry deserve special treatment? Courts that grant dismissals ignore the force of the settled presumption against pre-emption that protects consumers. More Opinion


TRIAL TACTICS
Trials are about winning — and winning results from the strategic advantages that come with proper preparation.
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