INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1039 R I. THE PRIMARY JURISDICTION DOCTRINE . . . . . . . . . . . . . . . . . . . . 1043 R II. CONSTITUTIONAL CONSTRAINTS IN FEDERAL-COURT LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1048 R A. Article III Constraints . . . . . . ...

With the advent of high-resolution computed tomography, magnetic resonance imaging, and ultrasonography, the frequency of radiologists' serendipitous discovery of incidentalomas is increasing. If the radiologist believes an incidentaloma is of no clinical significance, then making mention of it in the radiological report may possibly lead to a cascade of tests, biopsies, and other surgical proc...

OBJECTIVE To assess the characteristics and incidence of medical litigation in China and the potential usefulness of the records of such litigation as an indicator of health-care quality. METHODS We investigated 13 620 cases of medical malpractice litigation that ended between 2010 and 2015 and were reported to China's Supreme Court. We categorized each case according to location of the court...

in an international connection which different factors of legal relation were spread in different countries, bringing of several actions with the same object in different countries court was completely probable. each party with various reasons seeks litigation in a court which provides their interest in better way. however parallel litigation in it he same object impose burdensome charges on li...

parties, the magistrate, the dispute, argument and procedure with all its features at the hearing principally means the application of law on facts in order to resolution of conflicts, but it needs by itself to be organized with some techniques as a result of organizing the litigation process. some general norms are the means for achieving this goal which called principles of law. we can introd...

Several studies have documented the impact of litigation on shareholders. Lawsuits can have significant explicit costs and have been shown to cause negative stock price reactions when filed. However, little is known about how firm managers respond to this costly reality. Anecdotal evidence suggests firms may adjust financial policy to build a war chest in anticipation of litigation. Alternative...

Civil litigation often has profound psychological consequences for plaintiffs and defendants alike. For those individuals who are involved in ongoing psychotherapy, or those who enter psychotherapy during litigation, the stress of litigation often adds to whatever issues produced the lawsuit. This article reviews the effects of that stress, the mechanisms through which it arises, and its manife...

The Private Securities Litigation Reform Act of 1995 (the “PSLRA”) reflects an innovative congressional effort to refine securities fraud class actions. In adopting the PSLRA, Congress recognized that although the class action is a valuable tool for increasing plaintiff access to the legal system, its structure presents opportunities for abuse. In particular, collective action problems and smal...

This paper addresses the issues and challenges facing multinational corporations when they become involved in litigation that crosses international borders. The conflict of litigation discovery rights and individual privacy rights in different international jurisdictions can present a very challenging situation for litigants. This paper addresses the conflict inherent between litigation discove...

Martin S. Masar III (L), an associate with Katten Muchin Rosenman in Chicago, has a variety of experience in patent litigation and prosecution, as well as in other areas of intellectual property and antitrust litigation. His practice focuses on chemistry, pharmaceutical arts, nanotechnology and biotechnology. Thomas J. Maas (R), an associate with the firm, concentrates his practice on resolving...