TRIAL
ATLA Logo Member Resources


TRIAL

search  



 

 

Employment law

August 2005 | Volume 41, Issue 8

Who will decide your client’s case?
Karen Jo Koonan and Bryan Edelman

Don’t let outdated stereotypes cloud your thinking about the right jurors for an employment case. The latest research suggests that a person’s attitudes and life experiences are the best predictors of how he or she will view the case. Use the findings to select a panel that is receptive to your client’s story.

The menace of mandatory arbitration
John Vail and Tom Osborne

You can’t abolish the Federal Arbitration Act, but you can use case law to invalidate mandatory arbitration clauses that go too far in limiting workers’ rights. Such challenges give your clients a better chance of getting their case through the courtroom door.

Tax relief for employment plaintiffs
Jason Roy Flaherty and Patrick L. O’Daniel

Tax law might make your eyes glaze over, but it will be highly interesting to your clients when the IRS claims most, or all, of their settlement or jury award. The culprit is the tax code’s treatment of attorney fees—a complex set of rules that Congress and the courts have often rewritten and reinterpreted. With some planning, you can help your client minimize the tax bite.

Selecting the standout employment case
Ann-Marie Ahern

A potential client might have the perfect story and facts in his or her favor—and might also have a fatal flaw that ends up wrecking months of case preparation. When evaluating a case, look beyond the surface to ask: Is the person credible? Does he or she have a history of troubled work relationships, drug abuse, or something that just doesn’t sound right? Learn which cases are likely to hold up during litigation’s long haul.

Features

Proper use of Apgar scores
Dov Apfel

Apgar scores can provide an overall assessment of a newborn’s health, but
they can’t predict specific outcomes, such as whether a child will develop cerebral palsy. Nonetheless, some doctors and hospitals use Apgar scores improperly, to defend questionable medical decisions and, in some cases, outright negligence. Here’s how to keep bad science from derailing a good case.

News & Trends

Companies still hiding drug trial data, medical journals say

Attorney-client privilege applies online, Ninth Circuit holds

California court allows delayed discovery of medical device claim

Civil lawyers must investigate sources of fees, Fifth Circuit rules

Ford recommends replacing aging tires

New York court says child,
not mother, can sue for injuries
in womb

Man may sue over billing mistake that damaged his credit

Departments

President’s page
Promises to keep

Supreme Court review
What ever happened to federalism?

Reflections
From solo to partner, the first seven days

Speaking & writing
The dating game

Hearsay

ATLA in motion

ATLA in motion

Books

Discovery Problems and Their Solutions
by Paul W. Grimm, Charles S. Fax, and Paul Mark Sandler

Desire Street: A True Story of Death and Deliverance in New Orleans
by Jed Horne

Classifieds

Lawyer Networking

Products & Services

Frequently Asked Questions about TRIAL | Past Issues of TRIAL

Send your comments and questions about the online version of TRIAL to us at trial@justice.org

Balancing the Scales of Justice
American Association for Justice • The Leonard M. Ring Law Center
Contact Us  |  © 2006 AAJ Terms and Conditions of Use  |  Privacy Statement