|
Out of the fire and into the Fryeing
pan or back to the future
Ned Miltenberg
Plaintiffs seeking to have a court admit expert testimony may
have better luck filing suit in state—rather than federal—court,
in jurisdictions that apply the Frye test to determine the admissibility
of scientific testimony. This method of scrutinizing the validity
of expert opinions is less stringent than the Daubert test and
increases the likelihood that juries will hear plaintiff experts
testify.
When can science go to court?
Martha K. Wivell
Many judges rely heavily on the Federal Judicial Center’s
Reference Manual on Scientific Evidence to resolve difficult
admissibility issues. As this author explains, the book questions
judges’ and juries’ ability to evaluate complex scientific
testimony, and the manual’s contents are unfairly weighted
against plaintiffs who are seeking recovery in tort cases.
Courting the appellate review standard
James Harris
Understanding the process by which appellate courts review
evidentiary issues can give you an advantage on appeal. The
author says you need to analyze three issues when preparing
an appeal. First, did you properly preserve the record? Second,
what standard, or standards, apply? Third, was the error prejudicial?
He takes you through the steps.
Understanding spoliation of evidence
Russ M. Herman and Steve Herman
Attorneys for both parties in litigation must ensure that all
potentially relevant evidence is preserved. The destruction,
alteration, or fabrication of evidence can get the responsible
party into legal hot water and give the other party a tactical
advantage.
|
Features
Offense or defense? Managing the
off-label use claim
Paul D. Rheingold and David B. Rheingold
Some doctors prescribe drugs to treat conditions that they
were not intended to treat. Some stray from recommended dosages.
Whether lawyers employ the off-label use claim against a defendant
or they encounter it as a defense at trial, the facts of the
case will dictate how the claim should be handled.
Closing argument: the final chapter
By summation, many pages of the client’s story have been
turned. How the story ends depends largely on how it is told.
In the four closing arguments excerpted here, the attorneys
wrap up their clients’ stories in ways that lead to satisfying
endings.
|
News & Trends
Major litigation takes aim at Propulsid
Texas high court says asbestos plaintiffs
can sue more than once
Cities, gun makers keep firing
Houseboat design linked to carbon monoxide
deaths
Tire defendants to disclose more information
Court allows sex bias claim of anatomical
male with female self-image
Jury finds failure of Chicago’s
911 system ‘willful and wanton’
EEOC rules employers must cover contraceptives
Women’s bar report addresses problems
associated with part-time policies
Departments
President's page
The challenge
Washington focus
A new tone in Washington
Law office technology
Web sites for road warriors
Supreme Court review
The revival of federalism continues
Good Counsel
Reflections
Wrestling the leviathan
Discoveries
Quotes
Books
The Unwanted Gaze: The Destruction
of Privacy in America
by Jeffrey Rosen
Equivocal Death
by Amy Gutman
Classifieds
Classifieds
|
