Article Abstract:
The National Law Journal found in its first investigation of new and emerging causes of action that attorneys constantly try out innovation, including new variants on old causes of action, but that it takes years for any new theory to gain widespread acceptance. The 10 new causes of action identified in the survey included asbestos personal injury; fraud as an additional charge in medical malpractice lawsuits; expanding qui tam lawsuits against the health care industry; HMO litigation, and medical malpractice as a violation of the patient's civil rights.
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Article Abstract:
Intellectual property specialist Robert G. Krupka believes in pre-filing research in a patent infringement action, as this gives a lawyer an understanding of the case and the ability to focus discovery on the key issues rather than start a fishing expedition. Krupka has won 90% of his trials in almost 25 years as an intellectual property litigator, including all four of his latest patent infringement cases tried before juries. Krupka notes changes in litigation practice because patent infringement cases are increasingly tried before juries.
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Article Abstract:
New causes of action emerging in 2001 are surveyed. Examples are malpractice actions considering the pain syndrome to be a separate injury; fraud claims filed against the tobacco industry; and a revival of alienation of affection actions.
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