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The class stops the clock
Gerald D. Jowers Jr.
It’s happened to many lawyers: A plaintiff wants
to bring a lawsuit against a corporation involved in an
ongoing class action, but the statute of limitations on
the claim appears to have run. Does this mean the plaintiff’s
case is dead? Not necessarily: If the pending class has
not yet been certified, a 30-year-old U.S. Supreme Court
decision may offer hope for otherwise time-barred individual
claims.
A turning of the tide for
preemption
Leslie A. Brueckner
The Supreme Court recently gave products liability plaintiffs
a helping hand: In two preemption rulings—Sprietsma
v. Mercury Marine and Bates v. Dow AgroSciences—the
Court ensured the primacy of state tort-law claims, reaffirmed
the presumption against preemption, and asserted that
Congress meant what it said when it called tort litigation
a primary way for the law to compensate injured people.
The small world of auto defect
litigation
Paul J. Komyatte
Corporate mergers and globalization have turned the “big
three” U.S. automakers into international megafirms:
Chrysler is now DaimlerChrysler and Volvo is part of Ford
Motor Co. Often, these companies sell cars in foreign
markets that are much safer and better designed than those
sold in the United States—even when they’re
the same make and model. In litigation, the foreign version
provides a ready-made alternative design that the company
not only knew of, but also was already developing and
selling in other markets.
Scientific inferences in the
lab and the law
Carl Cranor
Since the 1993 Daubert decision, judges have been
responsible for deciding what kinds of scientific evidence
or testimony will be allowed at trial. But judges sometimes
confuse reasonable scientific debate with “junk science,”
leading them to reject evidence that they should permit.
Judges must understand how scientists evaluate data to
ensure that legitimate science is given its due weight
in court.
Is there a time bomb in the
sofa?
Robert P. Foster and Joseph B. Zicherman
Your sofa might be the most innocuous piece of furniture
in your house. But it can also be one of the most dangerous,
if it’s made from easily ignited fabric, polyurethane
foam, or other materials that can quickly turn a small
scorch into a deadly fire. Furniture makers have long
been aware of the problem with these materials but have
failed to warn consumers adequately.
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Features
Turn the new class action
act to your clients’ benefit
Paul D. Rheingold
There is a lot wrong with the newly passed Class Action
Fairness Act, but it may surprise you to know that there
are a few things right with it. Among these are clauses
that ensure prompt recovery, allow even those with small
claims to sue, and help plaintiffs avoid choice-of-law
roadblocks. These unintended consequences of tort “reform”
can make the new law, if not palatable, somewhat easier
to swallow.
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News & Trends
New data tells an old story of disparities
in health care
Sixth Circuit upholds Michigan’s
med-mal cap
Cardholders say companies colluded
to require arbitration
Major hospitals agree to stop overbilling
uninsured patients
E-mail intercept violates wiretap
law, First Circuit holds
California high court resolves legal
status of same-sex parents
Women made to use sick time for
family leave can sue under Title VII
Departments
President’s page
From the people, justice and generosity
Supreme Court review
Rehnquist’s steady conservatism
reshaped the law
Good counsel
Hearsay
ATLA in motion
ATLA in motion
Books
Justice on the Grass: Three
Rwandan Journalists, Their Trial for War Crimes, and a
Nation's Quest for Redemption
by Dina Temple-Raston
From Crash to Courtroom: Collision
Reconstruction for Lawyers and Law Enforcement
by John B. Kwasnoski
Classifieds
Lawyer Networking
Products & Services
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