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Countering defense tactics

September 2004 | Volume 40, Issue 9

Keep your case in state court
Erik B. Walker

Defense attorneys are getting more aggressive about moving cases to federal court—where they know they have the advantage—and more creative at making a case for removal. Plaintiff attorneys need to be equally forceful and well informed. Here are some ways to fend off removal and ensure that justice for your clients isn't delayed or denied.

Protect clients' private health records
Lynne Bernabei and Andrew Schroeder

Clients are understandably hesitant to open their private medical records to others' scrutiny. This is especially true when the plaintiff might have an ongoing relationship with the people asking for them. Find out how you can meet the defense's discovery demands without compromising your client's privacy.

10 ways to beat e-discovery abuse
Michael J. Ryan

Voice mail, 3-mail, backup tapes, and other electronic data can yield information crucial to your case. Defendants know this, too—which is why they put up roadblocks. With persistence, planning, and the right questions asked the right way, you can maneuver through the obstacle course to get the data you need.

Outnumbered, but not outdone

There may be strength in numbers, but that doesn't mean small firms or sole practitioners can't compete. If a big defense firm is trying to bury you in documents, trip you up with last-minute motions, or simply outmuscle you, try these small-firm lawyers' strategies for getting big-time results with limited resources.

Feature

Cross-examination in employment cases
Joseph Y. Ahmad

A concession made by a hostile witness is more valuable than a statement by a friendly one, so don't let contentious witnesses derail you. When you turn their evasions and biases to your advantage, you can win your employment case even before you get to closing.

Welcoming foreign-born clients
Nina Ivanichvili

If you're ignoring the immigrant population, you're ignoring an important source of business for your firm. An understanding of diverse cultures will open your doors to a growing segment of the market.

News & Trends

Equality in sports is still elusive goal for girl athletes

Class actions charge nonprofit hospitals with unfair billing, collection

Undiagnosed illness not a preexisting condition

New York requires self-extinguishing cigarettes

Mediation evidence is confidential, says California high court

Sixth Circuit gets on track for plaintiff in railroad case

Ninth Circuit grants survivor benefits to test-tube twins

Breach-of-warranty claim illuminates lighter risks

Departments

President’s page
Dear Megan

ATLA in motion

ATLA officers
2004-2005

Letters

Supreme Court review
Victory for civil rights in terrorism cases

Reflections
The learned intermediary defense

Hearsay

Books

I Remember Atticus: Inspiring Stories Every Trial Lawyer Should Know
by Jim M. Perdue

Coping with Cross-Examination and Other Pathways to Effective Testimony
by Stanley L. Brodsky

Classifieds

Lawyer Networking

Products & Services

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