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Hazards at home

February 2005 | Volume 41, Issue 2

Home, bittersweet home
Gary W. Jackson

Across the United States, home-building is booming—and claims of construction defects have risen, too, driven by the fast pace of building, rushed inspections, and shoddy materials. Recent courtroom and legislative setbacks have stripped consumers of many legal remedies, but there are still ways to build and win a construction-defect lawsuit.

Keep homeowners covered for toxic injuries
Kirk R. Presley

Most people assume they’re covered by their homeowners insurance policy if a visitor breathes carbon monoxide fumes, eats lead paint chips, or ingests another hazardous substance in their home. But insurance companies use pollution-exclusion clauses to avoid paying damages in these situations. Learn how to persuade the court that the exclusion should not apply to your client’s claim.

Protecting the right to clean living
Mark B. Frost, Gerald J. Williams, Samuel Merovitz, and David M. Cedar

People in low-income neighborhoods disproportionately risk exposure to pollution and the illnesses that accompany it. Their communities are often the first chosen as sites for hazardous waste disposal or heavily polluting industries. Residents of Camden, New Jersey, are using litigation to stop this trend, proving that poor doesn’t have to mean powerless.

Features

Kids in the back seat
Susan E. Lister

When front-seat air bags in cars were found to be potentially fatal for small children, automakers declared that “the back is where it’s at” for kids in cars. But children sitting in back seats have still been badly injured and killed, even in relatively minor accidents. Litigation involving faulty seat belts, flawed vehicle construction, and other design factors can compensate the injured and focus public and industry attention on this deadly problem.

Do you blog?
Rebecca Porter

Web logs, or blogs, are one of the fastest-growing Internet trends. People write and read blogs to exchange ideas, get news—or just entertain themselves. Blogs devoted to legal issues offer a wealth of information and viewpoints you won’t get elsewhere.

Televising the Supreme Court
Ronald Goldfarb

The debate over televised Supreme Court hearings has been ongoing for several years. The justices oppose the idea, while broadcasters say there’s no legal or practical reason to deny Americans a chance to watch the nation’s highest court at work. The author agrees, saying that televised oral arguments would enhance public trust in the Court and its decisions.

News & Trends

Medical patch users discover danger beneath the surface

Major arbitration firm won’t enforce clauses barring class actions

Law schools may refuse military recruiters and keep federal funds

California e-discovery statute doesn’t mandate cost-shifting, court says

Corporate executives are least trustworthy witnesses, survey finds

Adult child may bring informed consent claim for birth injuries

New York court allows undocumented worker’s injury claim

Lawsuits sniff out zinc hazard in nasal cold remedy

Wisconsin court revives public-nuisance claim in lead paint case

Prevailing New York civil rights plaintiffs get fees—with a caveat

Departments

President’s page
Once more unto the breach

Supreme Court review
On ‘custody’

Good counsel

Hearsay

ATLA in motion

Proposed medical courts would not protect patients’ rights

ATLA recognizes lawyer learning

Med-mal amendments go to Florida courts

ATLA women: Here’s your chance to lobby Congress

Books

The Most Activist Supreme Court in History
by Thomas M. Keck

Justice in Plainclothes:
A Theory of American Constitutional Practice

by Lawrence G. Sager

Classifieds

Lawyer Networking

Products & Services

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Balancing the Scales of Justice
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