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Depositions in the age of
summary judgment
Richard J. Gonzalez
The rules for employment cases have changed: Summary
judgments are now routine, and to get to trial, you have
to win your case at deposition. So reconsider what you
learned in law school or what you've always done. New
techniques can help you phrase your questions, handle
difficult witnesses, and keep your case headed to a jury.
Take 'mandatory' out of arbitration
agreements
Paula Greisen and Alison Butler Daniels
When employees sign mandatory arbitration agreements,
do they sign away their right to sue? Although many courts
have said yes, it's not necessarily so. Lawyers have challenged
fee-shifting provisions, asserted statutory remedies,
and used other creative approaches to protect their clients'
rights.
Bad vibrations
Stephen C. Embry
Tools that produce intense vibration—like jackhammers,
grinders, and glass cutters—can cause the crippling
hand condition known as white-finger syndrome. Industry
safety standards have been around for a long time, yet
many manufacturers and employers ignore them and fail
to warn users of the risk. You can bring workers' comp
and products liability claims to compensate the injured
and get workers the protection they need.
Creative advocacy in voluntary
alternative dispute resolution
Victoria L. Herring
Trials can be emotionally satisfying for both plaintiffs
and lawyers, but sometimes a less dramatic resolution
better serves the client, especially in employment cases.
Participants in ADR can look beyond monetary payments
to fashion other, more creative solutions that give plaintiffs
closure and ensure a positive ending for all.
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Feature
Who's watching your PC?
Rebecca Porter
You may not see it, but it sees you: That's the secret
of spyware, which tracks your Internet use and online
buying habits and relays that information to advertisers,
who then bombard you with annoying—or embarrassing—pop-up
ads, unwanted e-mails, and more. Here's how to know when
you're being watched and what to do about it.
Increasing safety in assisted
living
Jeffrey J. Downey
Assisted living centers are doing a booming business,
and their glossy advertisements promise reliable care
for all kinds of elderly patients. But how much "assistance"
do these facilities really provide? Lawyers for injured
residents have found many facilities short on resources,
training, and staff. Litigation can make these centers
live up to their promises to keep elderly residents safe.
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News & Trends
Prosecutors, plaintiffs aim to curb
Internet gambling
Supreme Court limits patients' right
to sue HMOs
Plaintiffs try to drive General
Motors toward auto compatibility
New York appeals court eases proof
burden in legal malpractice claims
Economic loss not necessary to prove
emotional distress
Iowa justices allow Title VII claim
for fatal punch
Ninth Circuit lets minority company
sue for racial discrimination
State appeals courts focus on intent
in egg, sperm donor cases
No warrant needed for search in
emergency, says N.J. high court
Departments
President’s page
Getting to the truth
ATLA in motion
Supreme Court review
Search incident to arrest
Hearsay
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