Defense Counsel Journal back issues from January 2008:
Public benefit vs. profitability.(President's page)
Jan 01, 2008; ... In the last President's Page, I ended my comments with a quote from St. Thomas More, who, in 1999, was voted "Lawyer of the Millennium" by the Law Society of Great Britain. To me, he embodied all that is good in our profession and despite the many trials, tribulations, and temptations ...
Is the preemption defense for PMA-approved medical devices in jeopardy? (premarket approval)
Jan 01, 2008; ... MOST jurisdictions have held that [section] 360k(a) of the Medical Device Amendments preempts conflicting state common-law claims arising from the design, manufacture, and labeling of a medical device that received pre-market approval. (1) However, the preemption defense may be in further ...
The missing link: connecting key evidence to the jurors.
Jan 01, 2008; ... WHEN we speak, we hope to be heard and understood. When trial lawyers speak, they hope to be heard and understood, but they also hope to persuade. Unfortunately, too often in the course of a trial, attorneys let opportunities to persuade jurors pass them by. They present crucial case ...
The difficult plaintiff: the influence of somatoform disorders in civil tort.
Jan 01, 2008; ... THERE are certain matters common in personal injury litigation wherein a plaintiff alleges physical and/or mental loss secondary to an injury. The medical expert for the plaintiff testifies that this is a common condition, organic in origin. The expert for the defense testifies that the ...
A dark and stormy night: the mystery of the missing science in fingerprint identification.
Jan 01, 2008; ... IN MAY of 2004, the FBI issued an unprecedented apology to Brandon Mayfield, the Portland, Oregon lawyer who was tied to the Madrid train bombings via an erroneous fingerprint identification. (1) The print in question had been positively identified as Mayfield's by three highly qualified ...
Losing the war on attorney-client privilege: viewing the selective waiver quagmire through the Tenth Circuit's In Re Qwest Communications International.
Jan 01, 2008; ... THE attorney-client privilege, which belongs to the client, not to the lawyer, enables individual and corporate clients to communicate with their lawyer in confidence. (1) It is the "bedrock of the client's rights to effective counsel and confidentiality in seeking legal advice." (2) ...
Sanctions: a word to the wise.
Jan 01, 2008; ... As a practicing attorney for the past thirteen years in both North Carolina and West Virginia, I have had the honor of trying cases and making legal arguments in a number of state and federal courts. Since becoming an attorney, I have practiced law with a number of attorneys whom I hold in ...
Tips for preparing your corporate witness for deposition.
Jan 01, 2008; ... The foundation for a successful trial result is necessarily laid well before trial. One of the factors in a successful defense of a corporate client is the outcome of the corporate depositions. The following thoughts on corporate deposition preparation address several issues that are ...
Passenger bill of rights.
Jan 01, 2008; ... "Passengers on Commercial Aircraft in the United States have less [sic] rights than prisoners of war."(1) In December of 2006, after severe weather conditions hit the Southwest, passengers on a flight from San Francisco to Alabama were forced to remain on the aircraft for nine ...