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Keep your case in state court
Erik B. Walker
Defense attorneys are getting more aggressive about moving
cases to federal courtwhere they know they have
the advantageand more creative at making a case
for removal. Plaintiff attorneys need to be equally forceful
and well informed. Here are some ways to fend off removal
and ensure that justice for your clients isn't delayed
or denied.
Protect clients' private health
records
Lynne Bernabei and Andrew Schroeder
Clients are understandably hesitant to open their private
medical records to others' scrutiny. This is especially
true when the plaintiff might have an ongoing relationship
with the people asking for them. Find out how you can
meet the defense's discovery demands without compromising
your client's privacy.
10 ways to beat e-discovery abuse
Michael J. Ryan
Voice mail, 3-mail, backup tapes, and other electronic
data can yield information crucial to your case. Defendants
know this, toowhich is why they put up roadblocks.
With persistence, planning, and the right questions asked
the right way, you can maneuver through the obstacle course
to get the data you need.
Outnumbered, but not outdone
There may be strength in numbers, but that doesn't mean
small firms or sole practitioners can't compete. If a
big defense firm is trying to bury you in documents, trip
you up with last-minute motions, or simply outmuscle you,
try these small-firm lawyers' strategies for getting big-time
results with limited resources.
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Feature
Cross-examination in employment
cases
Joseph Y. Ahmad
A concession made by a hostile witness is more valuable
than a statement by a friendly one, so don't let contentious
witnesses derail you. When you turn their evasions and
biases to your advantage, you can win your employment
case even before you get to closing.
Welcoming foreign-born clients
Nina Ivanichvili
If you're ignoring the immigrant population, you're ignoring
an important source of business for your firm. An understanding
of diverse cultures will open your doors to a growing
segment of the market.
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News & Trends
Equality in sports is still elusive
goal for girl athletes
Class actions charge nonprofit hospitals
with unfair billing, collection
Undiagnosed illness not a preexisting
condition
New York requires self-extinguishing
cigarettes
Mediation evidence is confidential,
says California high court
Sixth Circuit gets on track for
plaintiff in railroad case
Ninth Circuit grants survivor benefits
to test-tube twins
Breach-of-warranty claim illuminates
lighter risks
Departments
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Victory for civil rights in
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Reflections
The learned intermediary defense
Hearsay
Books
I Remember Atticus: Inspiring
Stories Every Trial Lawyer Should Know
by Jim M. Perdue
Coping with Cross-Examination
and Other Pathways to Effective Testimony
by Stanley L. Brodsky
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