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How to select and use aviation experts
Gary C. Robb
Your phone rings—it's the parent of someone who died in
a plane crash. Do you know what to do? You will need help from
a wide range of liability and causation experts. In aviation
litigation, that can be a long list.
Representing the 'forgotten child'
Robert E. Ammons, Susan E. Lister, and Vuk Stevan Vujasinovic
Infants have car seats. Adults and older children have seat
belts. But children ages four to eight are caught in the safety
gap. As many as 500 children a year are killed, and thousands
more injured, due to improper belt use. Automakers have designs
that would correct the problem, but most have failed to implement
them.
The road to a recall
Robert K. Jenner
For people with lung ailments, the arrival of the bronchoscope
seemed like a blessing, promising an alternative to biopsy and
relief to thousands. But when a manufacturer learned of a defect
that transmitted a potentially lethal bacteria, it didn't move
fast to fix it.
Ensuring safety after the sale
Gary D. McCallister
A manufacturer's responsibility to the consumer doesn't end
at the cash register. A 40-year-old theory of liability holds
that a manufacturer must protect buyers from dangers it discovers
after placing its product on the market. But nearly half the
states have not addressed it.
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Features
Wound care and nursing home liability
Cheryl G. Rice
Statistics show that as many as 23 percent of nursing home
residents suffer from pressure ulcers, commonly known as bedsores.
Such wounds can be healed, and providers who fail to treat them
properly may be acting negligently. Learn about new "alternative
interventions" and the regulatory requirements governing wound
care.
Trends in federalism and their implications
for state courts
Georgene M. Vairo
The plaintiff is the master of the complaint, and his or her
choice of forum should rarely be disturbed. Increasingly, however,
Congress and the federal judiciary have supported a shift toward
litigation of state-based causes of action in federal court,
especially when claims are complex. Is this the "new federalism"?
Asleep at the wheel?
Jeffrey A. Burns
Many truck crashes are the result of driver fatigue, and lawsuits
focus on whether the driver complied with regulations limiting
work hours. The driver's logbook may be the key to successful
litigation. Knowing how and why drivers commit fraud will help
you hold the trucking industry accountable.
When bad houses make good cases
Gary W. Jackson and Fred W. DeVore III
Houses are being constructed at a furious pace. Builders often
cut corners and em ploy unskilled subcontractors. Now, construction-defect
litigation-once re strict ed mostly to commercial buildings
and large apartment complexes-in creas ingly involves single-family
homes. "Bad house" cases have become viable.
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News & Trends
As arsenic leaches, pressure builds on
treated-wood industry
South Carolina federal judges ban secret
settlements; other jurisdictions may follow
Federal judges spar over whether ERISA
allows punitive damages
States join fight against drug companies
for keeping generics off the market
Tenth Circuit blocks attempt to narrow
Rehabilitation Act in disability cases
Controversial study supports admissibility
of handwriting
Departments
President's page
Smart searching
Washington focus
Asbestos revisited
The Robert L. Habush ATLA Endowment:
donor profiles
Supreme Court review
Judicial elections and the First Amendment
Good counsel
Quotes
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