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Learn the
science in your cases
Bert Black
Daubert v. Merrell Dow Pharmaceuticals,
Inc., and its progeny were intended to hold scientists
accountable. Instead, lawyers and courts have used them
to distort science to fit a judicial model no scientist
would recognize. Lawyers who understand that there is
no “bright line” definition can bring back into
focus the Daubert mandate that expert testimony
reflect actual scientific practice.
My expert
crashed, but I saved the case
Just before deposition, your expert
says, “We have a problem.” In another case,
your witness forgets to tell you that he was once
charged with cocaine trafficking and pleaded insanity.
When these and other experts fell apart, plaintiff lawyers
managed to put their cases back together again. Here are
their stories.
Working
with experts in the Daubert era
Patrick A. Malone
Don’t add your case to the
virtual graveyard of cases tossed out of court because
the expert was “unreliable.” Prepare early,
disclose fully, and do it all on time.
Divide
and conquer
James F. Szaller and Gerald S. Leeseberg
In a case with multiple defendants,
you can increase your chances by forcing defendants and
their experts to criticize each other in depositions.
Add dynamics
to direct examination
Thomas J. Vesper
A good lawyer doesn’t allow
jurors to march into deliberations armed with nothing
more than their memories. Use photographs, videos, X-rays
and other forms of documentary evidence to enhance your
argument.
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Feature
Do electronic
signatures mean an end to the dotted line?
Rebecca Porter
Legal transactions used to require
hovering by the fax machine or using complicated courier
and express deliveries. Now they’re as easy as buying
CDs online. But lawyers must consider security and enforceability
before sending their John Hancocks into cyberspace.
Hit
hard, not low
Michael A. Stratton
Legal codes of ethics are swords
and shields that strengthen trial lawyers against their
opponents. These rules clearly define your responsibilities
to clients and the limits of your duties to third parties.
Don’t
get trapped by a settlement release
Matthew Garretson
Plaintiff lawyers increasingly
face a potentially costly, time-consuming quandary: Product
manufacturers and other tortfeasors without separate insurance
coverage are proposing release language that could make
plaintiff counsel liable for Medicare reimbursement. Weigh
the risks before entering such agreements.
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News & Trends
Abused kids get their day in civil
court
Supreme Court eases burden for
employees fighting discrimination
Plaintiffs may not file for nationwide
class certification in state courts, Seventh Circuit says
Tenth Circuit to decide back pay
issue in plant-closing case
Insurers are consumers, too, Second
Circuit says in Rezulin fraud case
Louisiana claims jurisdiction over
Alabama attorney’s malpractice
New Jersey bans interest on future
lost wages
Departments
President’s page
A time to fight
ATLA officers for 2003-2004
The association’s new
officers introduce themselves and their goals for the
year
Good counsel
Supreme Court review
The Court marks the limits of federalism
Reflections
Speak out for our system of justice
Hearsay
Books
Mixed Race America and the Law
Kevin R. Johnson, editor
Supreme Court and Apellate Advocacy
by David C. Frederick
Classifieds
Classifieds
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