Unwise and unnecessary: statutory caps on non-economic damages in medical malpractice cases and the appellate review alternative.
I. INTRODUCTION In June 1999, a New York jury awarded over $76 million dollars to Gaelle Prindilus, a woman who suffered brain damage when she was an infant because of the purported carelessness of the resident doctors who delivered her at Harlem Hospital. (1) Allegedly, the hospital...

Patient's falls: nurses ruled not negligent based on solid nursing documentation.
The Superior Court of New Jersey, Appellate Division, agreed with the jury's ruling exonerating the hospital's nurse from allegations of negligence. Patient's Testimony The patient testified she rang her call buzzer for thirty to forty-five minutes for help to get up to the bathroom, then got up...

Beyond maturity: mass tort case management in the Manual for Complex Litigation.
This Article discusses aspects of the past, present, and future treatment of mass torts in the Manual for Complex Litigation ("Manual" or "MCL"). The Article develops the following story. Some lawyers and judges have used the Manual like a treatise. A danger of such use is that...

Double jeopardy protection from civil sanctions after Hudson v. United States.
Hudson v. United States, 118 S. Ct 488 (1997). I. INTRODUCTION In 1989, the Office of the Comptroller of Currency ("OCC"), a federal administrative agency, imposed monetary penalties and occupational debarment on three bank officials from Oklahoma for violating several federal banking statutes and regulations.(1)...

No exception for "no": rejection of the exculpatory no doctrine.
Brogan v. United States, 118 S. Ct. 805 (1998) I. INTRODUCTION In Brogan v. United States,(1) the Supreme Court held that there was no exception to criminal liability under 18 U.S.C. [sections] 1001 for a false statement that constituted a mere denial of guilt. Seven...

Citation by U.S. courts to decisions of international tribunals in international trade cases.
The topic of the Symposium is the citation to foreign court precedent in domestic jurisprudence. I am going to take a somewhat different approach in my presentation. Instead of citation to foreign court precedent, I will discuss the citation by U.S. courts to decisions by international tribunals in international...

Incapacitated patient: durable power of attorney invalid.
When the family cannot agree and a court must make decisions affecting the property or living arrangements of an infirm elderly person, the court, rather than forcing its own decision, may rule instead who among the family members has sole legal authority to make decisions for the incapacitated person....

Remembrances of the honorable Harold R. Tyler, Jr.
Judge Harold R. Tyler, Jr. was born in Utica, New York in 1921 and grew up in nearby Waterville. It was on the basketball court playing for Phillips Exeter Academy that Judge Tyler earned the nickname "Ace," which stuck with him for life. After graduating from Princeton in 1943,...

Federal Appellate Court law clerk handbook.
9781590318881 Federal Appellate Court law clerk handbook. Lemon, Joseph L. American Bar Association 2007 101 pages $59.95 Paperback KF8807 Practitioner Lemon, whose experience includes an edifying stint as a federal law...

Home schoolers strike back; California case centers on parents' rights.
To their surprise, California's home-schooling parents found out in February that they were scofflaws. A state appellate court ruled in In re Rachel L. that state law requires all children to be taught be certified teachers. Thus, nearly 200,000 children were being taught illegally, leading home schoolers to predict...