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The risky ride of the 15-passenger
van
Robert E. Ammons and Brian Augustus Beckcom
Structural stability is a low priority for manufacturers of
15-passenger vans. The vehicles carry nearly twice the load
of standard vans, with no additional safety features. Passengers
are at risk of injury and death.
Unlocking the door to automaker databases
Daniel T. DeFeo
"Smoking guns" can be hard to find, especially when manufacturers
claim that crucial documents stored on their computer databases
are off-limits. Use case law and the discovery rules to access
evidence your client is entitled to.
Reclining seats trade safety for comfort
J. Kent Emison
Passengers who recline their seats while a car is in motion
render a three-point restraint ineffective. Manufacturers have
shrugged off safer alternative designs and calls for adequate
warnings to consumers. Litigation may prompt improvements.
When poles in the right-of-way
are wrong
Dan Christensen
Thousands of motorists have been injured or killed in collisions
with poorly placed utility poles. Transportation officials have
a duty to provide a "forgiving roadside," and utility companies
must ensure that poles are not unreasonably dangerous.
Jury selection in connective tissue
injury cases
Michael R. Cowen
Use voir dire to establish rapport with potential jurors and
learn what they think about connective tissue claims. Do they
wonder if your client is truly injured? Are they reluctant to
award compensation? To reveal juror biases, ask the right questions
in the right way.
Stay ahead of the curve in SUV rollover
cases
Christine Spagnoli
Defendants typically claim that driver error caused an SUV
to roll over. Show jurors that the automaker could have designed
a safer vehicle that would stay stable under all foreseeable
driving conditions.
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Features
Life time
Randall H. Scarlett
Defense experts who rely on statistics instead of medical evidence
to estimate life expectancy dehumanize plaintiffs and minimize
damages. To ensure that your client receives the funds needed
for proper medical care over a lifetime, find flaws in the defendant's
life-expectancy data and attack adverse witnesses' credibility.
Negligent hiring, retention, and
supervision
James Ferguson
A plaintiff's claim that an employer negligently hired, retained,
or supervised a violent worker is more powerful than one based
on traditional respondeat superior liability. An employer that
failed to properly screen job applicants can be held directly
liable for its own conduct, even if the employee's harmful acts
were committed outside the scope of employment.
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News & Trends
Law goes to the dogs—and cats
Supreme Court rejects federal preemption
in boating case
Mass-produced letters not 'fair debt collection';
court holds attorney liable
Judges may apportion award to minimize
effect of damages cap, Third Circuit rules
High Court examines whether agency owner
is liable for employee's discrimination
First class action filed against makers
of smokeless tobacco products
Texas care facility responsible for resident's
actions off premises
Courts expand Troxel precedent
beyond grandparent cases
Web site offers new tools for evaluating
nursing homes
Departments
President’s page
A failed solution for medical negligence
Reflections
Controlling Murphy in the courtroom
Good Counsel
Quotes
Books
High and Mighty
by Keith Bradsher
Courting Disaster
by Martin Garbus
Classifieds
Classifieds
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