Trial back issues from February 2006:
Leaving a legacy of justice.(President's Page)
Feb 01, 2006; ... When you think of heroes of the legal profession, who comes to mind? Clarence Darrow, the elemental man in the Tennessee courtroom fighting to preserve the doctrine of the separation of church and state? Abraham Lincoln, holding the union together? Or perhaps Thomas Jefferson, crafting the ...
Courts issue plaintiff victories on contingent fees, gun cases.(Florida)
Feb 01, 2006 ... Sometimes the wheels of justice grind slowly, and sometimes courts act with almost blinding speed. In two cases litigated by the Center for Constitutional Litigation (CCL), the courts recently produced rapid--and favorable--developments. Only two weeks after hearing oral ...
Dues assessment will help ATLA's 'war room' spread the truth.(Association of Trial Lawyers of America)
Feb 01, 2006 ... Most ATLA members recently received a voluntary dues assessment. The assessment, equal to each member's annual dues, is needed to ramp up the activities of ATLA's new state-of-the-art "war room," equipped with rapid-response capabilities and an opposition-research operation. ...
Exchange litigation packet guides informal discovery.
Feb 01, 2006 ... You need to gather information without the involvement of the defendant--before filing an action and, later, during the litigation--to develop a thorough understanding of the subject matter and facilitate trial preparation. But where do you turn for help with this informal, nontraditional ...
Straight talk about asbestos.
Feb 01, 2006 ... Lawyer jokes and uninformed statements bashing the civil justice system have dogged plaintiff attorneys through many a golf game, PTA meeting, or dinner party. When a myth about trial lawyers rears its head, you need to respond with the facts. Q: Don't you think the asbestos ...
Lack of insurance hinders recovery in nursing home cases.
Feb 01, 2006; ... Suing a nursing home is hard enough, plaintiff lawyers say. Now these facilities are throwing up another roadblock to plaintiffs seeking to hold nursing homes accountable for injuries caused by inadequate care: insufficient or nonexistent liability insurance. Small, individual ...
Law schools battle U.S. in High Court argument over military recruiters.
Feb 01, 2006; ... Law schools that refuse to assist military recruiters based on antidiscrimination principles say they should not be denied federal funding under the so-called Solomon Amendment for doing so. The Supreme Court recently heard oral argument on whether the statute unconstitutionally conditions ...
'Simple statement' of fitness for work is sufficient under FMLA.
Feb 01, 2006; ... A handwritten note from a doctor was sufficient notice to an employer to allow an employee to return to work after taking leave under the Family and Medical Leave Act (FMLA). (Brumbalough v. Camelot Care Centers, Inc., 427 F.3d 996 (6th Cir. 2005).) Linda Brumbalough, a director ...
Liability for dead man's curve: was your client's off-road accident caused by simple driver error, or did a roadway design defect contribute to the crash? Public agencies in charge of roadways may be liable if the road is unsafe.
Feb 01, 2006; ... Studies show that 20 percent of all fatal accidents involve single automobiles running off the road. (1) It is easy to write these cases off as examples of driver error, but in many instances, the government agency that designs and maintains the roads must share or shoulder the blame. ...
When rescue is too risky: hazardous medevac flights too often endanger the lives they were dispatched to save. Crashes usually have more than one cause, and a thorough investigation will often reveal more than one responsible party.
Feb 01, 2006; ... On the night of September 9, 2002, an emergency medical services (EMS) helicopter went out of control and crashed into a South Dakota bean field. Investigators determined that pilot error caused the crash because the pilot's deficiencies--especially in night flying--were well documented ....
The rocky road to security: travelers have faced 'no-fly' lists, more stringent searches, and increased demands for identification in the last few years, but are we more secure as a result? And at what expense to our civil liberties? (ACLU director Barry Steinhardt) (Interview)
Feb 01, 2006; ... Since September 11, 2001, Americans' notions of security have changed dramatically, and government agencies have acted to put enhanced travel-safety measures into effect. For example, the Transportation Security Administration (TSA) proposed a passenger screening program called ...
Defeating limitation of liability in maritime law: an anachronistic law can still prevent fair recovery for plaintiffs who suffer losses on the waves.
Feb 01, 2006; ... Before a Staten Island ferry struck a pier on October 15, 2003, killing 11 people and injuring more than 60, most of the passengers were unaware of an arcane concept of maritime law known as limitation of liability. They soon saw how a law meant to protect shipowners during the age of sail ...
Critiquing the vocational analysis: a well-prepared expert uses disability statistics to round out the presentation of future lost earnings for people who have suffered a disabling injury.
Feb 01, 2006; ... In cases concerning permanent disability, attorneys frequently hire vocational and rehabilitation professionals to assess the loss of lifetime earnings. However, when these experts fail to consider the full range of difficulties people with disabilities face in the labor market, their ...
Proving your case with manufacturer employee depositions: during each stage of your planning in a products case, consider how information gained from the manufacturer's employees can help prove its liability.
Feb 01, 2006; ... When deposing product manufacturers employees, as in any deposition, you want to advance your theories and destroy your opponent's defenses. While both goals are important, the second is critical, and the employee deposition is your best chance to achieve it. Prepare each step ...
The Medical Malpractice Myth.(Book Review)
Feb 01, 2006; ... The Medical Malpractice Myth Tom Baker University of Chicago Press www.press.uchicago.edu 208 pp., $22.50 If you are a trial lawyer involved in medical malpractice litigation--whether you are actively lobbying against malpractice ...
Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey.(Book Review)
Feb 01, 2006; ... Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey Linda Greenhouse Times Books www.henryholt.com 288 pp., $25 During last fall's debacle that was the Supreme Court nomination of Harriet Miers, the conservatives who ...
Know what to look for in trucking cases.
Feb 01, 2006; ... Commercial drivers and motor carriers are required to keep many documents that may help you determine whether there has been an hours-of-service violation. Drivers' logbooks contain the date, total miles driven that day, truck or tractor and trailer number, name of carrier, ...
'English-only' lawsuits on the rise.
Feb 01, 2006; ... The growth of the immigrant population in the United States has seen a corresponding rise in controversial questions, among them whether "English-only" workplace policies are fair--or legal. Except in special circumstances, the Equal Employment Opportunity Commission (EEOC) says they're ...
In a twist on paternity cases, absentee father is denied genetic test.(Pennsylvania)
Feb 01, 2006; ... A man who is probably the biological father of a child born in 1996 is not entitled to a genetic test to determine paternity because he waited too long to come forward and the child's mother established a family unit with another man, a Pennsylvania superior court has ruled. (Buccieri v ....
Hearsay.
Feb 01, 2006 ... "He said if he was going to go down, he was going to go down in Larry Bird's jersey." Oklahoma City Judge RAY ELLIOTT, on the sentencing of Eric James Torpy, a convicted armed robber. Torpy is a longtime fan of former basketball star Larry Bird, whose jersey number was 33. After ...