Ever since the U.S. Supreme Court granted and subsequently dismissed the writ of certiorari in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., those who depend on the patentability of clinical diagnostic methods have been waiting for the other shoe to drop. The provocative dissent to the dismissal by Justice Breyer has sown uncertainty in the diagnostics industry. However...

The Pennsylvania Supreme Court, in a case of first impression, recently addressed the duty of Pennsylvania mental health professionals to a non-patient third party.' Although the Court upheld the dismissal of the lawsuit on the pleadings prior to trial. the Court created a "duty to warn" specific, endangered third parties. The holding leaves much to be desired for mental health professionals tr...

1475 phy, most likely due to contamination of the contrast medium or spinal needle used for the myelography. The plaintiff’s expert asserted that the fault lay with the radiologist or technologists under his supervision at the time. The expert witness retained by the defense, in his deposition, disagreed that the defendant–radiologist was responsible for the complication that arose from the mye...

Virginia v. Sebelius is a federal lawsuit in which Virginia has challenged President Obama's signature legislative initiative of health care reform. Virginia has sought declaratory and injunctive relief to vindicate a state statute declaring that no Virginia resident shall be required to buy health insurance. To defend this state law from the preemptive effect of federal law, Virginia has conte...

We analyze the interactions between internal and external control mechanisms in a framework in which the board selects the CEO and then decides whether to retain or dismiss him after observing a signal on his ability. The novel aspect of our paper is that we consider both the hiring and the firing of the CEO by the board. The type of the board is defined by its ability to select a good CEO so t...