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Rewriting the rules for class actions
James E. Rooks Jr.
Tort "reformers'" efforts to change the way class
actions are handled threaten plaintiffs' pursuit of justice
and their access to courts. Learn how proposed amendments to
the class action rules may hinder your clients' claims and help
defendants.
How to attack discovery abuse
Robert K. Jenner
Don't let aggressive and obstructive defense counsel get the
best of you. You can defeat efforts to delay proceedings, intimidate
witnesses, and misrepresent facts by knowing when zealous representation
becomes abusive. Keep a record of your opponent's misdeeds and
use them to your advantage.
When mold spreads to masses
Michael E. Withey
When toxic mold affects a large number of people—tenants
in an apartment building; students, teachers, and staff at a
school; or homeowners in a subdivision—class action litigation
can be the most efficient way to seek compensation. How can
you ensure that you obtain class certification? Turn to the
rules of civil procedure.
An antidote to preemption
Ellen Relkin and Catherine T. Heacox
The Supreme Court's Buckman decision can stop viable
claims in their tracks. The ruling favors defendants in cases
that allege fraud on the FDA, but that doesn't mean plaintiffs
should back down. You can prevail if you have a thorough understanding
of the case law and know how to thwart defendants' efforts to
keep crucial evidence out of court.
Save the case using the discovery
rule
Bruce L. Simon
Does a statute of limitations begin to run when a wrongdoing
occurs or when the injured party discovers it? Many courts have
accepted the first, more stringent view, which renders many
plaintiffs' claims stale and lets defendants dodge responsibility.
Keep a mass tort action alive by convincing the court to interpret
the discovery rule favorably.
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Features
Winning for children
Interview with Marcia Robinson Lowry and Ira Lustbader
The executive and associate directors of Children's Rights,
Inc., discuss the woes of the child welfare system. Many agencies,
they say, fail to protect and promote the rights of abused and
neglected children—not for lack of money, but because of
poor oversight and minimal accountability.
Avoiding the 'misuse' defense in
products cases
Daniel Dell'Osso
Manufacturers often blame plaintiffs rather than accept responsibility
for injuries caused by defective products and faulty designs.
Injuries occur, they say, because consumers use products incorrectly.
Defeat this defense by making sure evidence that supports it
is limited and that the jury is appropriately instructed.
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News & Trends
Marital tort lawsuits can make abusers
pay
Utah high court reinstates punitive
award for State Farm's 'egregious' misconduct
Supreme Court rejects discovery rule
in identity-theft case
Courts issue conflicting decisions
in public-entity cases against gun industry
Second Circuit allows new Agent Orange
suit despite class settlement
Judges are gaining confidence in assessing
expert evidence, study finds
Task force criticizes auctions in
class action cases
Insurance company may be held liable
for damages in carjacking
Third party can be sued for spoliation
of evidence
Parent cannot contract away child's
right to sue
Departments
President's page
9-11 compensation fund is taking shape
Washington focus
Will there be a meaningful patients' bill
in 2002?
Law office technology
Making your technology investment pay
off
Reflections
Humor in the court
Supreme Court review
The Court's new approach to the Fourth
Amendment
Speaking & writing
Let a pro polish your prose
Good counsel
Quotes
Books
In the Hands of the People
by William L. Dwyer
A Trial by Jury
by D. Graham Burnett
Classifieds
Classifieds
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