Recently added articles from Trial:
Survival strategy.(civil trial practice)
Nov 01, 2008; Weisbrod, Les ... As you read this, Election Day--November 4--most likely will have passed. Regardless of who wins the presidential election, we will soon be done with eight years of lawyer-bashing by George W. Bush. Lawyer-bashing and attacks on civil justice rights through so-called tort reform have taken ...
'Reform' bills fall flat while pro-consumer measures soar.
Nov 01, 2008 ... After a deluge of tort "reform" measures in the late 1990s and the first half of this decade, the past two years have seen a marked decrease in the number of bills backed by the U.S. Chamber of Commerce and the American Tort Reform Association (ATRA) that secured passage at the state ...
Resources aid attorneys representing clients harmed by heparin.
Nov 01, 2008 ... There are big problems in the big business of the blood thinner heparin, and trial lawyers need to be prepared to handle the fallout. AAJ resources can help. Baxter Healthcare Corp. is the largest U.S. producer of heparin, used daily in hospitals to prevent and treat blot clots ...
Electronic evidence guidelines in divorce cases still being defined.
Nov 01, 2008; Walters, Cecily ... After finding a love letter that her husband, William, had written to another woman, Mary White hired an investigative research company to copy his computer files--containing e-mail correspondence between him and his girlfriend as well as Internet images he had accessed--from the family's ...
Spanish speaker bound by mandatory arbitration clause in English.
Nov 01, 2008; Porter, Rebecca ... A worker who speaks only Spanish and signed an employment contract written in English is bound by a mandatory arbitration clause within it, a divided Third Circuit panel has ruled, although the man argued that he could not understand the contract and did not know about the clause. (Morales ...
Teen Paxil-related suicide case is not preempted, judge says.
Nov 01, 2008; Heylman, Susan ... A Philadelphia federal district court has ruled that a failure-to-warn lawsuit brought by the parents of a teenager who committed suicide while taking the antidepressant Paxil is not preempted by federal law. The court rejected the argument made by manufacturer GlaxoSmithKline (GSK) that a ...
New muscle for the CPSC: the Consumer Product Safety Commission has been steadily drained of resources since its birth in 1972, but recent reform legislation has given it new power to protect consumers.
Nov 01, 2008; McCullough, Catherine ... In February 2006, four-year-old Jarnell Brown died when he swallowed a toy. The Centers for Disease Control and Prevention reports that each year, 873 children ages 14 and under die from airway obstruction injuries, some of them caused by choking on toys. (1) But Jarnell did not ...
Reaffirming strict liability for product design cases: the battle over s. 2(b) of the latest restatement - which gives manufacturers a free pass from liability unless plaintiffs prove a reasonable alternative design - is far from over.
Nov 01, 2008; Stewart, Larry S. ... Forty-three years ago, the American Law Institute (ALI) launched a revolution in products liability law when it introduced the Restatement (Second) of Torts [section]402A. Before this, courts had struggled to find a rationale for liability for products-related injuries. Many cases, brought ...
Successfully suing foreign manufacturers: a products liability case against a foreign defendant presents a variety of hurdles, both procedural and substantive. This step-by-step guide will help you map a course to success in your case - and justice for your client.
Nov 01, 2008; Chalos, Mark P. ... As the world economy becomes more fully integrated, Americans are buying more products made abroad. One recent report estimated that China manufactures 80 percent of children's toys sold in the United States, while as few as 10 percent are made here. (1) Recent contamination scares have ...
Discovering the cause of a drug's defect: drug manufacturers must follow good manufacturing practices when making their products. When a defective drug causes injury or death, documents showing how the drug was made are key to proving the defendant failed in its duty to consumers.
Nov 01, 2008; Brooks, Eugene C., IV ... The Federal Food, Drug, and Cosmetic Act (FDCA) provides certain minimum standards that companies must meet when manufacturing drugs. (1) It identifies these standards as good manufacturing practices (GMPs). (2) If a company fails to comply with the GMPs, the finished products ...
From courtrooms to capitols: by advocating for their injured or powerless clients, trial attorneys learn skills that serve them well in political life. The desire to see justice prevail beyond individual cases fuels the many trial lawyers who choose to enter politics.
Nov 01, 2008; Smith, Chris ... In December 2007, Washington state senator Brian Weinstein issued a press release confirming growing speculation that he would unexpectedly retire after one term. The state's building, insurance, pharmaceutical, and mortgage industries all breathed a sigh of relief. They had ...
Grand openings: just as a strong lead draws a reader into a news story, an engaging opening statement can grab the jury's interest right from the start. Follow these simple rules of storytelling to get jurors' attention - and keep it throughout trial.
Nov 01, 2008; Roberts, Karen R. ... In my career as a television reporter, my job was to go to work every morning, gather facts, and weave them into a compelling broadcast-ready story by 5:00 that evening. Sometimes it worked, sometimes it didn't. When a reporter fails to tell a story well, there is always tomorrow--another ...
Shedding light on manufacturer wrongdoing.
Nov 01, 2008; Kaster, Bruce ... Anyone who has ever handled a products liability lawsuit is familiar with the onerous protective orders that manufacturers insist on and that state and federal courts routinely grant. Nearly every state affords manufacturers the right to keep trade secrets from being disclosed in ...
Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11. .(Book review)
Nov 01, 2008; Hunt, Lee ... Is There a Right to Remain Silent? Alan M. Dershowitz Oxford University Press www.oup.com/us 232 pp., $19.95 [ILLUSTRATION OMITTED] In his most recent book, Is There a Right to Remain Silent? Coercive Interrogation and ...
The Science of Settlement: Ideas for Negotiators.(Book review)
Nov 01, 2008; Whaley, J.R. ... The Science of Settlement Barry Goldman American Law Institute/American Bar Association www.ali-aba.org 208 pp., $49 [ILLUSTRATION OMITTED] Barry Goldman's book The Science of Settlement: Ideas for Negotiators focuses on ...
Clinical trial was a Vioxx marketing tool, researchers say.
Nov 01, 2008; Jablow, Valerie ... In what the editor of the Annals of Internal Medicine called the first "documentary evidence that proves the existence of seeding trials," a study in that journal's August 19 issue showed how a clinical trial of Vioxx, called ADVANTAGE, was created not to answer scientific questions but to ...
Second Circuit adopts balancing test for plaintiff anonymity.
Nov 01, 2008; Jablow, Valerie ... In a case of first impression, a three-judge panel of the Second Circuit has ruled that a lower court did not balance "relevant interests" in denying a pro se plaintiff's request to use a pseudonym and ultimately dismissing her case. (Sealed Plaintiff v. Sealed Defendant, No. 06-1590-cv ...
Ninth Circuit backs injunction banning sale of biotech crop.
Nov 01, 2008; Porter, Rebecca ... A precedent-setting injunction against the sale of a genetically altered, government-approved commercial crop has been upheld by the Ninth Circuit, which found that biotech alfalfa had potential to cause irreparable harm to conventional and organic crops. The court ruled that the U.S ....
