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Let the sun
shine in
James E. Rooks Jr.
Secret settlements hide critical
information on health and safety from scientists and government
regulators while removing substantial matters of public
concern from court scrutiny. Those who argue that limiting
secrecy will chill settlements have not yet produced supporting
evidence.
Prepare
for trial, but win at settlement
John Elliott Leighton
The art of settlement is a paradox.
The more you prepare for trial, the better you become
at avoiding it. The Boy Scouts have it right: Be prepared.
It’s
your move
Five veteran trial lawyers describe
their winning techniques for negotiation and settlement:
Communicate with the defense, check your biases, and use
tools like mediation and structured settlements.
Focus
on settlement
Howard F. Twiggs
Lawyers should conduct focus groups
before every significant case. Understanding how decision-makers
will view the facts, theme, theory, and arguments can
both prepare the case for trial and greatly enhance your
mediation presentation.
Make parting
less painful
Arnold H. Gold
Family law cases are fraught with
emotional land mines that make them difficult to mediate.
Lawyers and mediators must learn to recognize and counteract
factors that may impede settlement.
Getting
to ‘yes’ with the video settlement documentary
Windle Turley
Facts on which most personal injury lawsuits are based—like
the details of a plaintiff’s pain, loss of bodily
function, and grief—are difficult for most people
to discuss in private, let alone in court. A video settlement
documentary can communicate these facts to the defendant
so the case can be resolved without trial.
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Feature
Discover the key to HMO bad-faith
cases
Michael J. Bidart and Ricardo Echeverria
A methodical approach to discovery is the key to unlocking
HMO bad-faith actions and winning justice for patients
deprived of necessary medical care. Documents and depositions
will reveal telltale signs of the insurer's misconduct.
Property damage games adjusters
play
Bryan A. Larson
Most crash cases involve more than just bodily injury.
You need to know how property claims adjusters use low
estimates to attack bodily injury claims.
Making up for lost time
Anthony Viorst and Jim Leventhal
When a physician's error reduces or eliminates a patient's
opportunity to recover, the loss-of-chance doctrine can
help you hold the doctor accountable.
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News & Trends
Attorneys press discovery effort
in litigation over cholesterol drug
Supreme Court preserves plaintiffs’
access to state courts
High Court ruling on ERISA is another
blow to HMOs
Connecticut abandons “plain-meaning”
rule for statutory interpretation
Judge, upset by doctor’s testimony,
allows punitives in medical malpractice case
New Jersey decision bolsters arguments
for gun maker liability
Refusal to fire “unattractive”
employee is protected activity, California court rules
DaimlerChrysler buckles targeted
by consumer groups, lawsuits
New Hampshire stalking case raises
standard for privacy rights
State is liable for abuse of foster
children, says Louisiana high court
Juror’s poor English warrants
new criminal trial
Departments
President’s page
Double standards on Capitol Hill
Washington focus
Gun bill has opponents up in arms
Supreme Court review
When is political protest a RICO
violation?
Law office technology
Donating computers while protecting
client interests
Reflections
Independent safety experts are heroes,
no 'junk scientists'
Good Counsel
Discoveries
Quotes
Books
Determining Damages: The Psychology
of Jury Awards
by Edie Greene and Brian H. Bornstein
One Man’s Justice
by Thomas R. Berger
Professional Judgement on Appeal
by Steven Wisotsky
Classifieds
Classifieds
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