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Not mere negligence

March 2002 | Volume 38, Issue 3

Proving motive in whistleblower cases
Stephen M. Kohn

A defendant employer will probably not admit that it fired your client for blowing the whistle on corporate misconduct. Proving the defendant's true motive is one of the most difficult aspects of the case. Read about the best strategy for doing it.

Hitting the wall in the discovery race
Paul J. Komyatte

Is your discovery process turning into a game of hide-and-seek? Do your opponents delay their responses or overwhelm you with a mountain of paper? Your search for evidence will be more productive when you use the rules to stop your opponent's stalling.

Zapped in cyberspace
J. Burke McCormick and D. Alan Rudlin

Not everyone posting a message online speaks the truth, but it can be hard to hold an anonymous cyberslanderer accountable for false statements. Centuries-old defamation law is changing to keep pace with modern challenges posed by the high speed and global reach of the Internet.

Overcoming the 'genuine-issue' rule in bad-faith cases
Terrence Coleman and Arnold Levinson

Insurers often try to avoid liability by arguing that a genuine dispute, not bad-faith dealings, prompted them to deny coverage on a claim. Some courts are accepting that argument even when the dispute concerns facts, not the law. Here's how to separate the genuine from the disingenuous.

Keeping your client covered
Wendy J. Murphy

A determination that a tort is intentional could spell the end of insurance coverage for your client's injuries. But courts can be persuaded that policy exclusions should not apply in certain circumstances.

Features

Lawyers on the big screen
Rebecca Porter

Does the practice of law make good box office? In this Academy Award season, TRIAL looks at how Hollywood's portrayal of lawyers influences public perception of the legal profession-and lawyers' views of themselves.

Every gesture tells a story
Lee Stapleton Milford

When you take a stand for your client, you might want to watch your posture. Your movements, your expressions, and even your clothing can give the jury a message different from the one you're trying to send. Learn to keep the focus on your client.

News & Trends

Coming clean: workers sue computer chip makers over chemical exposures

Federal appellate courts tilt toward defendants, study finds

Supreme Court to consider disparate-impact claims in age bias cases

Jury finds Rezulin manufacturer acted with 'malice'

Plaintiffs win crashworthiness case in Florida high court

Massachusetts grants inheritance rights to children conceived posthumously

After a traffic stop, police can make unrelated arrests, New York high court says

Second Circuit extends boundaries of 'work environment' under Title VII

More insurance coverage, criminal penalties seen in lead-paint cases

Departments

President's page
A dangerous distortion

Washington focus
The state of the Chamber

Law office technology
Making home work

Supreme Court review
One defeat, one victory for civil rights plaintiffs

Quotes

Classifieds

Classifieds

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Balancing the Scales of Justice
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