Legal Research

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New York Practice
Thursday, March 19, 2009
By Thomas F. Gleason

" Thomas F. Gleason, a partner in Gleason, Dunn, Walsh & O'Shea, writes that CPLR 4545 originally was enacted in response to the medical malpractice insurance crisis, and was designed to reduce insurance premiums by excising from the tort judgment collateral source payments, such as health insurance benefits a tort plaintiff received, thereby reducing tort recoveries paid by malpractice liability insurers. CPLR 4545 still is creating problems, however, and the nature of the problems requires consideration of the doctrine of equitable subrogation, which the Court of Appeals recently had occasion to do so in Fasso v. Doerr. "

OUTSIDE COUNSEL:

Sorting Out the Law on Homicide Prosecutions Against Corporations
Thursday, March 19, 2009
By César de Castro

 "César de Castro, an associate at Tarter Krinsky & Drogin, writes: While some may argue that the distinction between ordinary negligence and criminal negligence is a matter of prosecutorial discretion and something to be determined by a petit jury, the case law paints a different picture and reveals that New York courts will strictly scrutinize those cases charging manslaughter and criminally negligent homicide in the corporate context. "

CORPORATE UPDATE:

Free With Registration: Corporate Securities
Thursday, March 19, 2009
By John C. Coffee Jr.

 "John C. Coffee Jr.. the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, writes: Last week, the Senate Banking committee heard testimony from eight witnesses on what policy changes were required to address the current financial crisis. The first witness, a modest, humble law professor from Columbia, argued that the recent collapse of investment banks, insurance companies, and hedge funds showed the need for a 'systemic risk regulator.' :"