Judge Abused Discretion in Striking Expert Evidence, NJ Appellate Court Finds
Reverses 2016 Summary Judgment in Ovarian Cancer Cases
On August 5, a three judge panel from the New Jersey state appeals court reversed a 2016 summary judgment granted in favor of defendants, talc manufacturer Johnson & Johnson and talc miner Imerys Talc America in cases brought by two women who allege J&J’s talc products caused their ovarian cancer.
In its opinion, the panel ruled that Atlantic County Superior Court Judge Nelson C. Johnson abused his discretion by serving as the fact finder in deciding the credibility of the plaintiffs’ experts’ opinions instead of merely assessing whether the doctors’ opinions were based on sound scientific methodology. The trial judge acknowledged that the experts, Dr. Graham Colditz and Dr. Daniel Cramer, were qualified but opined that their scientific studies and evidence were narrow and shallow, showing a preference for cohort studies and their larger sample sizes over the case studies relied on by the experts. In overturning the ruling by the trial court and discussing the studies cited by Colditz and Cramer, the appeals court stated that those studies satisfied the criteria outlined in the Federal Judicial Center’s Reference Manual on Scientific Evidence and also noted that size and the types of study are not the sole determinants of reliability.
As a result of the plaintiffs’ experts’ testimony being reinstated, a dispute over a material fact exists in the matter and the case will proceed.
The two cases, brought by plaintiffs Brandi Carl and Diana Balderrama, were the first two to be tried from the group of 100 lawsuits included in New Jersey’s multi-county litigation.
Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)
Includes Nearly 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. What can you do to settle personal injury suits cleanly and avoid costly litigation and penalties? What recent cases can inform you about protecting your settlements and, as attorneys, yourselves, from post-settlement federal lawsuits? How can your firm set itself up to meet government expectations? What role might experts play in navigating these pitfalls? Medicare Advantage (42 USC § 1395w-22) Federal Medical Care Recovery Act (FMCRA) (42 USC § 2651) Armed Forces Act (10 USC §1095) Veterans’ Benefits (38 USC §1729) Third-Party Collection Rules (32 CFR 537.24; 38 CFR 17.101, etc.) Set-Asides under the Medicare Secondary Payer Act (42 USC § 1395y(b)(2)] On Demand Registration Lien Resolution Government & Private Plans Get Aggressive (Against Attorneys!) On Demand | Recorded September 2020 It is increasingly common these days. Personal injury attorneys settle a case, only to find themselves sued by a U.S. Attorney for failing to reimburse Medicare for conditional payments as required by the Medicare Secondary Payer Act. In some cases the attorney may be required to pay fines in addition to the reimbursements and interest, a costly proposition. Are you up to speed on issues surrounding Medicare Advantage, TRICARE, veterans’ claims, and Medicare set-asides? Join nationally recognized healthcare lien and resolution expert Franklin P. Solomon and go-to lien resolution provider Brett Newman as they offer a practical, in-depth CLE presentation. Franklin P. Solomon, Esq. Attorney & Founder, Solomon Law Firm A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Cherry Hill, NJ, with a practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Mr. Solomon represents personal injury victims and their attorneys [...]
Telepsychiatry: Mitigating the Risks
REGISTER Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. Understand the risks associated with telepsychiatry and how to manage them. Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including addiction counseling have been commonly used. Our panel of psychiatric professionals who have served as expert witnesses and attorneys who counsel and represent physicians have prepared a 90-minute session to share insights with attorneys, physicians, healthcare providers, risk professionals, and more. Agenda Examining procedures and best practices that exist for ensuring confidentiality in a telemedicine practice How do you draft a telepsychiatric consent form? What is the emerging standard of care for telemedicine? Will the standard of care for telemedicine become a national standard? (Should it?) Review the case law addressing telemedicine or telepsychiatry How do the HIPAA regulations and HITECH privacy laws impact telemedicine? How have the HIPAA regulations and HITECH privacy laws been relaxed during the pandemic? Will the relaxed HIPAA and HITECH regulations impacting telemedicine continue past the pandemic? Which technical platforms are preferred? Which ones to avoid? Panelists Mark Levy, M.D., Medical Director at fpamed David Kan, M.D., UCSF Psychiatry Department and the California Society for Substance Abuse Medicine Ayesha Ashai, M.D., associated with fpamed Stephen M. Fatum, J.D., Partner, Barnes & Thornburg LLP Angela W. Russell, J.D., Partner, Wilson Elser Moskowitz Edelman & Dicker LLP Meet our physician and attorney panelists. Mark Levy MD Medical Director fpamed Dr. Levy is a graduate of Columbia College (A.B. 1967) and the Columbia University College of Physicians and Surgeons (M.D. 1971) in New York. He is a Physician [...]
Maximizing Insurance as Climate Change Intensifies
HB presents an Anderson Kill webinar on-demand MAXIMIZING INSURANCE RECOVERY AS CLIMATE CHANGE INTENSIFIES As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business. In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed. Topics: Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review; Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail; Preparing and presenting well-supported property damage claims; Recognizing and including business interruption losses and extra expense outlays; Highlighting policy interpretation issues that affect the scope of available coverage; Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed. On-Demand Registration Includes 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions? Insights from experienced professionals. The complete PowerPoint presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters, or write to HB. Meet the Panel Finley Harckham Anderson Kill Finley is a senior litigation shareholder in the New York office of Anderson Kill and serves on the firm's Executive Committee. Finley regularly represents and advises corporate policyholders and other entities in insurance coverage matters. He has successfully litigated, arbitrated and settled hundreds of complex coverage claims. His areas of particular focus include property loss, environmental, business interruption, directors and officers liability, construction, professional liability, aviation liability, cyber and general liability claims. [...]
Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP
Featured Speaker Jonathan focuses his practice exclusively on antitrust and competition law and policy. As a litigator, he has led trial teams in major antitrust cases in courts throughout the country. As a thought-leader in competition law, he has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, the University of Wisconsin, and the American Antitrust Institute. Jonathan has also made several appearances before congressional committees. More About Rubin For more information please email Tom Hagy Explore more from MoginRubin LLP! Blog: Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment. By Dan Mogin, Jonathan Rubin, Jennifer Oliver, and Timothy LaComb. List OnDemand CLE Webinar: The Antitrust Case Against Google. Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law.Authors: Jonathan Rubin and Jennifer Oliver, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification. Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin Webinar: Class Certification After Olean v. Bumble Bee with Jonathan Rubin, James Bogan lll, Jonathan Cohn, Bradley Hamburger. Journal: FTC v. Amazon: Market Definitions and Section 5 of the FTC Act Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Plus, additional insights from the MoginRubin Blog. Class Certification After Olean v. Bumble Bee Expert Testimony, Uninjured Class Members, and Article III Standing This CLE course will discuss the ramifications arising from the Ninth Circuit’s en banc decision in Olean Wholesale Grocery v. Bumble Bee Foods, 31 F.4th 651 (9th Cir. 2022) (en banc), addressing numerous important class certification issues. The program will address Olean’s critical holdings regarding the evidentiary burden under Rule 23, how expert testimony should be assessed at the class certification stage, and the relevance of injury and Article III standing to assessing Rule 23’s predominance requirement and [...]
The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk
HB presents a CLE-eligible webinar Now on-demand at the West LegalEdcenter THE COMMERCIAL DRONE INDUSTRY Privacy, Security, Threats, and Mitigation of Risk Drones have become an increasingly valuable tool for businesses of all types and sizes. Drones are already being used in many applications, but more will certainly arise as the technology advances. This means that certain risks, like cyber threats, will also continue to present themselves. Protecting the transmission and storage of data collected through drones is critical. Unfortunately, security usually comes as an afterthought. The drone industry is part of the aviation industry, which, based on its knowledge, keeps safety as a number one concern. Part of that safety is having proper protection for your systems, including security as a fundamental design principle. Take this webinar to gain insights on the topics listed below, and shared by an attorney who practices on the cutting-edge of this evolving technology. Topics: Defining drones. Current and future applications. FAA Modernization and Reform Act of 2012. FAA Part 107 Regulations and waivers. Resources, e.g. the FAA Drone Zone and LAANC Portal. Penalties for violations. Privacy implications. Drones as weapons. Vulnerability to cyber attacks. Take it now! What you get: 1+ CLE credits (subject to bar rules). Insights from an experienced professional who specializes in this area of the law. The complete PowerPoint presentation. Continued access to the complete recording for later use. Answers to your questions. Fee: No additional charge to subscribers to the West LegalEdcenter. Non-subscribers may take the course for $170. Meet the Speaker Kathryn Rattigan Robinson & Cole LLP Kathryn Rattigan is a member of the firm's Business Litigation Group and Data Privacy + Cybersecurity Team. She advises clients on data privacy and security, cybersecurity, and compliance with related state and federal laws. She assists clients in assessing risks related to technology and software contracts, as well as with compliance-related issues with outsourcing and [...]
The Trajectory of Remote eDiscovery Review in 2022
Epiq presents a CLE-eligible webinar The Trajectory of Remote eDiscovery in 2022 Practical guidelines for planning the eDiscovery program for your firm or legal department based on the latest insights. Join legal industry analyst Ari Kaplan, Eric Crawley, Epiq’s managing director for global advanced solutions, Seth Eichenholtz, Director of eDiscovery at Mastercard, and Lora Ramsey, eDiscovery Manager at Walmart for a discussion about the current state of electronic discovery within corporate legal departments and the future of remote options in a post-pandemic environment. Kaplan will reveal – and the panel will discuss – findings from the Epiq-commissioned report based on the perspectives of 30 leading corporate legal eDiscovery professionals about the challenges, tactics, and best practices fueling change in this sector. Eighty-seven percent of the respondents reported that they handle some document review processes with support from their outside counsel. Sixty-three percent also utilize alternative legal services providers (ALSPs). With the near-universal deployment of remote reviewers during the pandemic, only 10 percent of the respondents reported seeing disadvantages. For many organizations, the document review process involves a combination of resources and is often driven by cost and risk. One respondent told us: “We want the lowest cost resource that offers the highest quality work, which is not always the outside law firm.” If you answer yes to any of these questions, this webinar is for you: How can my firm make the most informed decisions about our document review processes given the new wide acceptance of remote work? Should our litigation and investigative teams work with alternative legal service providers to conduct remote review? What are the benefits? What do our clients, namely corporate e-discovery professionals, think about remote review and the role of law firms in the process? On-Demand Registration What you get: 1 CLE credit (subject to bar rules). CLE codes will be announced. For questions write to CLE@LitigationConferences.com. 60 minutes of insights from experienced professionals. The complete PowerPoint presentation. Continued access to the complete [...]