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Stop automaker discovery abuse
Christopher L. Brinkley
Just because an automaker has complied with your discovery request doesn’t mean you’ll be able to find the documents you need. Automakers have learned a few tricks to get around discovery rules, including hiding the relevant documents in huge, disorganized “reading rooms,” making databases unnecessarily complicated to search, and withholding key documents. Use these strategies to recognize their deceptions and come out ahead in the paper chase.
Undue deference
Richard Frankel
For years, tort “reformers” have sought to nullify state products
liability and consumer protection laws, arguing they are preempted
by federal law. Now the Bush administration is using the federal
rulemaking process to push its pro-“reform’ agenda;
some new rules contain language pronouncing that they preempt
state laws. The author details why these pro-preemption statements
don’t merit deference from the courts.
The slow death of lap-only seat
belts
Brad Kuhlman
Automakers have long known that the lap-only seat belt, far from being a lifesaver, can severely injure and even kill people in car accidents. By next September, all new cars will be required to have lap-shoulder belts in every seat position—even the rear center seat—but hundreds of thousands of older cars with lap belts will remain on the roads. Here’s a rundown of the arguments automakers will use to avoid accountability for injuries caused by these dangerous products.
Embracing risk factors in pharmaceutical
litigation
J. Paul Sizemore
Most plaintiff lawyers, understandably, are leery of representing people hurt by dangerous drugs if they have a history of illness or risk factors for disease. And while there may be good reasons for avoiding those cases, doing so leaves a large group of injured people with no recourse and no remedy. Recent Vioxx litigation shows how you can use epidemiology and the medical literature to fight—and win—these cases.
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Features
Who’s really running the nursing
home?
Nathan P. Carter
Owners of nursing home facilities can—and do—hide their identities in a complicated maze of corporate entities, so that finding out who actually runs and operates one can be daunting. You will need a targeted approach to get the information you need: Conduct a thorough presuit investigation, use a staggered system for discovery requests, and focus your depositions on budget, policy, and procedures.
Structuring attorney fees when you’re
not a solo
Robert W. Wood
Like verdicts and settlements, contingent fees can be structured as a series of regular, periodic payments. The advantages include lower taxes, better asset protection, and the ability to keep your income steady. Find out whether a structured setup would work for you, and how to put one in place.
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News & Trends
Do private judges need more public scrutiny?
Med-mal suits don’t hinder error
disclosure, studies find
ADA applies to Web sites, federal court
says
Fifth Circuit bars “misleading”Ford
video evidence
Emotional damages are not taxable, D.C.
Circuit rules
Schering-Plough fined for off-label marketing,
overcharging, kickbacks
North Carolina launches commission to
overturn wrongful convictions
Departments
President’s page
On the front lines
Supreme Court review
Roberts Court enters a divisive second
year
ATLA Endowment: Donor profiles
Hearsay
ATLA in motion
Texas statute feeds restrictive class
action proposal
Learn to prove damages effectively
Litigation groups name chairs and cochairs
for 2006-2007
ATLA Education sets sail in Europe and
lights again in New Orleans
Straight talk about the U.S. Chamber of
Commerce
Books
Rules of the Road: A Plaintiff Lawyers’
Guide to Proving Liability
by Rick Friedman and Patrick Malone
The Rehnquist Legacy
Craig Bradley, editor
Experts & Professional Services
Classifieds
Lawyer Networking
Products & Services
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