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Defending the American system of justice
Robert S. Peck
In the battle against tort “reform,” constitutional
arguments are the swords that slay the dragon. ATLA’s senior
director for Legal Affairs and Policy Research discusses strategies
for the legal fight against “reform” legislation.
A companion story on page 20 details Florida Judge Nikki Clark’s
recent ruling declaring that state’s tort “reform”
legislation unconstitutional.
A shadow over justice
Judges, who are only as popular as their decisions, are now
facing a new wave of criticism. Unlike previous waves, however,
this one is directed not at the U.S. Supreme Court, but at state
and lower federal court judges. This excerpt from a task force
report on threats to judicial independence examines several
cases in point. Among them: U.S. District Court Judge John Nixon,
who faced calls for impeachment after his decision to overturn
five murder convictions; and Brooklyn Criminal Court Judge Lorin
Duckman, who was removed from office based on allegations that
he disregarded the law.
Safety secrets keep consumers in
the dark
E. Marla Felcher
Dangers in toys and baby products are not child’s play.
But because of secrecy clauses in settlement agreements and
laws that limit what regulators can tell the public, even savvy
consumers may not be fully informed. The author describes the
troubled history of litigation and regulation related to these
products.
The message of the Firestone/Ford
tragedy
Roselyn Bonanti, Ed Lazarus, and Catherine McCullough
The impact of the Ford Explorer rollover and Firestone tire
tread separation cases extends far beyond the individuals injured
and killed in these crashes. Without an unfettered civil justice
system, the danger posed by these products might never have
come to light. Using these cases as examples, the authors discuss
how to spread the message about the unique ability of the civil
justice system to save lives.
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Features
Simplify complex cases with focus
groups
Paul J. Komyatte
If you need to simplify a complex case so the jury can easily
grasp the issues, a test audience can give valuable feedback.
The author details 12 goals for attorneys conducting focus groups.
My most memorable client
Some clients leave a lasting impression. In this symposium,
lawyers discuss their most memorable ones, from a man who risked
his own life to save a friend to one who struggled back to health
after a crippling injury. The lawyers who represented these
clients discovered how their work can create a lasting impact
long after a case has ended.
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News & Trends
Expert witnesses face ethics charges
from medical societies
Supreme Court rules that suit for fraud
on federal agency is preempted
Less expert testimony admitted since
Daubert, study says
Supreme Court considers standard for
review of punitive damages
New study shows anti-plaintiff bias
in federal civil appeals
Pennsylvania attorney general to seek
civil penalties against Allstate
Individuals personally liable for harassing
coworkers under new California law
Consumer group counters tort ‘reform’
efforts
Private employers of off-duty police
may be liable in Tennessee
Anti-gay bias revealed in survey on
California courts
Report cites increase in jury awards
in personal injury cases
Departments
President's page
ATLA helps knock down Florida tort ‘reform’
law
Washington focus
Teacher liability limits won't protect
students
Supreme Court review
Saying no to drug roadblocks
Quotes
Classifieds
Classifieds
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