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Defending the American system of
justice
Robert S. Peck
In the battle against tort “reform,” constitutional
arguments are the swords that slay the dragon. ATLA’s
senior director for Legal Affairs and Policy Research discusses
strategies for the legal fight against “reform”
legislation. A companion story on page 20 details Florida
Judge Nikki Clark’s recent ruling declaring that state’s
tort “reform” legislation unconstitutional.
A shadow over justice
Judges, who are only as popular as their decisions, are now
facing a new wave of criticism. Unlike previous waves, however,
this one is directed not at the U.S. Supreme Court, but at
state and lower federal court judges. This excerpt from a
task force report on threats to judicial independence examines
several cases in point. Among them: U.S. District Court Judge
John Nixon, who faced calls for impeachment after his decision
to overturn five murder convictions; and Brooklyn Criminal
Court Judge Lorin Duckman, who was removed from office based
on allegations that he disregarded the law.
Safety secrets keep consumers
in the dark
E. Marla Felcher
Dangers in toys and baby products are not child’s play.
But because of secrecy clauses in settlement agreements and
laws that limit what regulators can tell the public, even
savvy consumers may not be fully informed. The author describes
the troubled history of litigation and regulation related
to these products.
The message of the Firestone/Ford
tragedy
Roselyn Bonanti, Ed Lazarus, and Catherine McCullough
The impact of the Ford Explorer rollover and Firestone tire
tread separation cases extends far beyond the individuals
injured and killed in these crashes. Without an unfettered
civil justice system, the danger posed by these products might
never have come to light. Using these cases as examples, the
authors discuss how to spread the message about the unique
ability of the civil justice system to save lives.
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• Features
Simplify complex cases with focus
groups
Paul J. Komyatte
If you need to simplify a complex case so the jury can easily
grasp the issues, a test audience can give valuable feedback.
The author details 12 goals for attorneys conducting focus
groups.
My most memorable client
Some clients leave a lasting impression. In this symposium,
lawyers discuss their most memorable ones, from a man who
risked his own life to save a friend to one who struggled
back to health after a crippling injury. The lawyers who represented
these clients discovered how their work can create a lasting
impact long after a case has ended.
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• News & Trends
Expert witnesses face ethics charges
from medical societies
Supreme Court rules that suit for
fraud on federal agency is preempted
Less expert testimony admitted since
Daubert, study says
Supreme Court considers standard
for review of punitive damages
New study shows anti-plaintiff bias
in federal civil appeals
Pennsylvania attorney general to
seek civil penalties against Allstate
Individuals personally liable for
harassing coworkers under new California law
Consumer group counters tort ‘reform’
efforts
Private employers of off-duty police
may be liable in Tennessee
Anti-gay bias revealed in survey
on California courts
Report cites increase in jury awards
in personal injury cases
• Departments
President's page
ATLA helps knock down Florida tort ‘reform’ law
Washington focus
Teacher liability limits won't protect students
Supreme Court review
Saying no to drug roadblocks
Quotes
• Classifieds
Products & Services
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