|
Obtaining justice when a child
dies
Chris Messerly
The death of a child is one of the greatest losses a
family can endure. Conveying that loss to a jury requires
a delicate balancing act between presenting the facts
and evoking sympathy. Use techniques based on “empathetic
advocacy” to ensure that the jury gets a complete
picture of who the child was—and that your clients
get a sense of closure and a measure of justice.
Daubert
and lost-profits testimony
Stewart I. Edelstein
In most tort cases, you have to prove that something
happened. In a lost-profits case, you have to do the opposite:
show that something should have happened and didn’t.
An expert can help you, but you first may have to shepherd
him or her through a Daubert hearing. Here is a
guide to choosing the right lost-profits expert and persuading
the judge to allow this testimony.
Busting myths about
punitives in products cases
Sharon J. Arkin
Corporations and insurance companies frequently invoke
the Supreme Court’s decision in State Farm Mutual
Automobile Insurance Co. v. Campbell, which guides
courts in considering whether punitive damages awards
are unconstitutional. The author breaks the decision down
into its key elements and, for each one, shows how the
defense might try to misuse it—and the best way to
respond.
When ‘priceless’ becomes
‘worthless’
Interview with Lucinda Finley
Proponents of caps on noneconomic damages often tout
them as a remedy for “runaway” jury awards.
But Lucinda Finley, a researcher who has studied their
effects, says caps disproportionately harm women, children,
the elderly, and the poor. In this interview, she talks
about the difficulty of putting a price tag on suffering
and how tort “reform” adds insult to the injuries
suffered by some of society’s most vulnerable populations.
|
Features
Evidence preservation and spoliation
Stephen J. Herman and Russ M. Herman
The obligation to preserve evidence falls on both the
plaintiff and the defendant. These guidelines and checklists
will help you discern what evidence is relevant, how to
gather it, what to document, what to keep, and how to
keep it all safe once you have it.
A wrong without a remedy
Linda Peeno, Theodore J. Leopold,
and Benjamin Salzillo
When Congress passed ERISA in 1974, its intent was to
protect workers: The law was meant to shield their pensions
from theft and mismanagement. But that was before the
advent of managed care, and before HMOs started using
ERISA to avoid paying damages in lawsuits. Last year’s
Supreme Court decision in Aetna Health, Inc. v. Davila
gives HMOs even greater latitude: It allows them to deny
medical care to their patients and leaves millions of
insured Americans with no hope of redress.
|
News & Trends
‘Pocket bikes’ are little
but lethal
Wisconsin Supreme Court strikes
down med-mal cap
Med-mal insurers hiked rates while
payouts dipped, study shows
New Jersey patients certified as
class in reality TV suit
Religious-rights claims by Wiccans
yield mixed results
Research grants settle landmark
lead paint suit for one defendant
‘Certified pre-owned’
programs defraud car buyers,
suits say
New recall, settlement over bulletproof
vests
Judicial Conference considers citation
of ‘unpublished’ opinions
Departments
President’s page
We are the voice
ATLA officers, 2005-2006
Supreme Court review
The O’Connor legacy
Good counsel
2006 TRIAL
editorial calendar
Hearsay
ATLA in motion
ATLA in motion
Books
v. Goliath: The Trials of David
Boies
by Karen Donovan
Midnight Assassin
by Patricia L. Bryan and Thomas Wolf
Classifieds
Lawyer Networking
Products & Services
|
