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Third-party liability for workplace
injuries
Martin K. Brigham and Daniel Bencivenga
For those with catastrophic injuries, the workers' compensation
system is not an adequate financial safety net. State laws prohibit
injured workers from suing their employers, but lawsuits against
others who played a role in their injuries—including product
manufacturers and contract employers—may provide a route
to an appropriate financial recovery.
Fighting arbitration's abuse of power
Michael J. Quirk and Kerry-Ann T. Powell
The Supreme Court's decision in Circuit City Stores, Inc.
v. Adams, holding that the Federal Arbitration Act covers
most employment contracts, has encouraged employers to make
workers' waiver of their constitutional right to a jury trial
a condition of hiring or continued employment. But advocates
can still use state and federal laws to battle arbitration abuses
and preserve employees' rights.
A new framework for sexual harassment
cases
Louise F. Fitzgerald
A fixture of sexual harassment suits, the psychological examination
of the plaintiff often retraumatizes her and may harm her case.
Attorneys can forgo traditional forensic exams in favor of expert
testimony on social science research that shows how harassment
affects victims' mental and emotional health.
Righting wrongs against immigrant
workers
Eric Schnapper
Are legal remedies available to undocumented workers whose
rights are violated? The Supreme Court's recent decision in
Hoffman Plastic Compounds, Inc. v. NLRB may lead to an
answer
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Features
General aviation crash course: the
first 15 days
Jack W. London
Federal rules bar you from participating in a formal plane
crash investigation, but you can still obtain government reports
and interview witnesses. A good plan will help you and your
clients make informed decisions early in the case.
Brain trauma and the myth of the resilient
child
John D. Briner
The conventional wisdom has long held that an infant who sustains
a brain injury stands a better chance of recovery than someone
injured at a later age. This principle has now been disproved,
and litigators must take a new approach to quantifying damages.
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News & Trends
Lawsuits over antidepressants claim the
drug is worse than the disease
Supreme Court broadens plaintiff access
to traffic data
Real-estate agency owners win liability
protection in Supreme Court
Ohio high court creates cancer research
fund from punitive damages award
Consumer amends binding arbitration provision;
court holds change valid
Nursing home cases are distinct from medical
negligence claims, Florida high court rules
ABA's proposed lawyer definition runs
afoul of FTC, Justice Department
GM documents sway jury for plaintiff in
Missourisudden-acceleration case
State emotional-distress claim bolsters
family-leave suit
Cosmetics company loses face in discrimination
claim
Departments
President's page
Fighting back for injured patients
Washington focus
Forgotten faces
Letters
Supreme Court review
The Supreme Court's blockbuster term
Quotes
Books
Legally Speaking: 40 Powerful Presentation
Principles Lawyers Need to Know
by Daniel Dempsey
Reversible Errors
by Scott Turow
Smoke-Filled Rooms
W. Kip Viscusi
Classifieds
Classifieds
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