TRIAL Index
June 1995–December 2007 / Volumes 31–43

Index by Subject (D–I )

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* Available only in print, not available online.

A | B | C | D | E | F | G | H |  I  | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z

D

DAIMLERCHRYSLER
News & trends: “DaimlerChrysler buckles targeted by consumer groups, lawsuits,” June 2003, p 94

DAMAGES
See also Admiralty; Back Pay; Closing Argument; Compensatory Damages; Economic Loss Rule; Emotional Distress; Fear of AIDS; Generation X; Loss of Chance; Loss of Consortium; Loss of Earning Capacity; Loss of Medical Monitoring; Lost Profits; Noneconomic Damages; Nonphysical Injury Taxes; Nursing Home Negligence; Pain and Suffering; Pain Management; Pre-Impact Fright; Punitive Damages; September 11, 2001; Supplemental Needs Trusts; Wrongful Death
Alexander, Mary, President’s page: “A failed solution for medical negligence,” Feb 2003, p 9; “Fighting back for injured patients,” Mar 2003, p 9
Archuleta, Michael E.J., and Laurie M. Higginbotham, “How to protect damages in federal tort cases,” Oct 2002, p 66
Briner, John D., “Brain trauma and the myth of the resilient child,” Mar 2003, p 64
Burke, J. Martin, and Michael K. Friel, “What Schleier and amended §104(a)(2) mean to your practice,” Nov 1996, p 64
Burke, Kevin G., “A new remedy for a life cut short,” Mar 2004, p 64
Chamallas, Martha, “A woman’s worth: gender bias in damage awards,” Aug 1995, p 38
Eastman, Martha Marie, “Ensure justice in nursing home cases,” Oct 2005, p 62
Gwilliam, J. Gary, “Techniques for arguing damages to a jury,” Apr 1999, p 30
Jackson, Brooke, and Richard J. Crawford, “Improving the damages appeal,” May 1996, p 66
Keenan, Don C., “When a child is your client,” Sept 2002, p 38
Kroll, Jeffrey J., “The fear factor,” Feb 2004, p 18
Lawrence, Richard D., “Primer on wrongful death claims,” Feb 2004, p 42
Lawrence, Richard D., “What good will money do?” Sept 2002, p 28
Letter, Oct 2006, p 10
Loiacono, Kristin, Washington focus: “Forgotten faces,” Mar 2003, p 11; “Restoring tax fairness for plaintiffs,” Oct 2003, p 11
News & trends: “Cap on damages is unconstitutional, Alabama high court says,” Dec 1995, p 15
News & trends: “Court says taxes on awards in discrimination cases are recoverable as damages,” Jan 2003, p 74
News & trends: "D.C. court reverses itself: awards for nonphysical injury may be taxed," Sept 2007, p 18
News & trends: “Damages cap upheld in charitable-hospital malpractice case,” July 2003, p 94
News & trends: “Judges may apportion award to minimize effect of damages cap, Third Circuit rules,” Feb 2003, p 74

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News & trends: “Med-mal caps in two states don’t reduce insurance rates,” Feb 2004, p 14
News & trends: “State emotional-distress claim bolsters family-leave suit,” Mar 2003, p 82
News & trends: “Virginia high court upholds medical malpractice caps,” Apr 1999, p 18
Peck, Robert S., “Caps on damages: adding injury to injury,” Sept 2002, p 20
Rallo, Douglas, “Insurance write-offs and the collateral source rule,” Sept 2002, p 42
Salvi, Patrick A., “Why medical malpractice caps are wrong,” May 2005, p 38
Scarlett, Randall H., “Life time,” Feb 2003, p 60
Sorrels, Randall O., and Neel Choudhury, "Avoiding the confidentiality tax bite," June 2006, p 56
*"State legislation roundup: Products Liability law in the States," November 1995, p 34
Vesper, Thomas J., and Richard Orr, “Make time palpable by using per diem arguments,” Oct 2002, p 59
Wehe, Jeffrey C., "Take the initiative with injury claim reserves," July 2006, p 78
Welch, Bryant L., “Draw a map through the desert,” Sept 2002, p 32
*Wencl, Annette, and Margaret Brizzolara, "All is not lost," May 1996, p 22
Wencl, Annette, and Margaret Brizzolara, “The state of the union,” Nov 1995, p 32
Wencl, Annette, and Margaret Brizzolara, “Survey of the states,” May 1996, p 20

DAMAGE WAIVERS
News & trends: "Lawsuit takes Home Depot to the woodshed for hidden fees," Mar 2006, p 87

DATABASE MANAGEMENT
Russell, Leon R., “Put the facts at your fingertips,” Mar 2000, p 44
Russell, Leon R., "Recommended fields for a general-purpose database," Mar 2000, p 46

DAUBERT V. MERRELL DOW PHARMACEUTICALS, INC.
See also 'Junk Science', Scientific Evidence, Toxic Torts
Apfel, Dov, “How to derail Daubert motions in obstetrical cases,” May 2002, p 48
Black, Bert, “Focus on science, not checklists,” Dec 2003, p 24
Black, Bert, “Learn the science in your cases,” Sept 2003, p 18
Britt, Clifford, “Getting your security expert over the Daubert hurdle,” Dec 2001, p 31
Cranor, Carl, “Scientific inferences in the lab and the law,” Nov 2005, p 46
Edelstein, Stewart I., “Daubert and lost-profits testimony,” Sept 2005, p 30
Leesfield, Ira H., and Mark A. Sylvester, “Admissibility of expert testimony: What’s next?” Dec 2000, p 67
Letters, May 2001, p 12
Letters, Nov 2003, p 11

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Malone, Patrick A., “Working with experts in the Daubert era,” Sept 2003, p 36
Miltenberg, Ned, “Out of the fire and into the Fryeing pan, or back to the future,” Mar 2001, p 18
Miltenberg, Ned, “States that have not adopted Daubert,” Mar 2001, p 20
News & trends: "Daubert hearing is not a 'search for truth,' Michigan court rules," Apr 2007, p 76
News & trends: “District court wrongly ignored bulk of expert’s testimony,” June 2001, p 88
News & trends: “Judges are gaining confidence in assessing expert evidence, study finds,” Feb 2002, p 92
News & trends: “Less expert testimony admitted since Daubert, study says,” Apr 2001, p 82
News & trends: “North Carolina is not Daubert territory, state high court holds,” Oct 2004, p 80
Ollanik, Stuart A., “Defeating Daubert challenges in auto defect cases,” Sept 2001, p 28
Ollanik, Stuart A., “Products cases: an uphill battle for plaintiffs,” Nov 2000, p 20
Ollanik, Stuart A., Reflections: “Independent safety experts are heroes, not ‘junk scientists,’” June 2003, p 78
Palmer, Robert M.N., “Opening the gates,” June 2000, p 86
Wivell, Martha K., “Deliver a Daubert-proof expert report,” Dec 2003, p 38

DEATH ON THE HIGH SEAS ACT
Loiacono, Kristin, Washington focus: “Death on the High Seas Act—high time for a change,” Oct 1999, p 11
News & trends: “Airline passengers gain rights under DOHSA amendment,” May 2000, p 15

DEATH PENALTY
See also First Amendment
Bradley, Craig M., Supreme Court review: “Court confirms importance of mitigation in sentencing,” Oct 2003, p 62; “Death and double jeopardy,” Apr 2003, p 66; “The right decision on the juvenile death penalty,” June 2005, p 60; “South Carolina’s death penalty odyssey continues,” Apr 2002, p 68; "The 'well-qualified' juror," Aug 2007, p 60
Chemerinsky, Erwin, Supreme Court review: "Small docket, big decisions in Court's new term," Nov 2007, p 70
News & trends: “African Americans more likely to face execution, report finds,” Aug 1998, p 88
News & trends: “Illinois law extends death penalty to domestic batterers,” Nov 1998, p 110
News & trends: "Ninth Circuit OKs jury's use of the Bible in death penalty deliberations," Dec 2007, p 75
News & trends: “Ninth Circuit shuts down California’s gas chamber,” May 1996, p 17
News & trends: “16 states executed 56 convicted killers in 1995,” Feb 1997, p 84
News & trends: “Wearing the ‘toughness badge’: states hurry to carry out executions,” Mar 1996, p 10

DEBT COLLECTION
Hobbs, Robert J., and Catherine R. Warren, “Fighting abuse in debt collection,” Apr 1997, p 36
News & trends: "Court OKs case against debt collectors for 'outrageous' threats," Sept 2007, p 71
News & trends: “Man may sue over billing mistake that damaged his credit,” Aug 2005, p 71
News & trends: "Mandatory arbitration report reveals skewed system," Dec 2007, p 74
News & trends: “Mass-produced letters not ‘fair debt collection’; court holds attorney liable,” Feb 2003, p 74
News & trends: “Splitting with Eleventh Circuit, Seventh Circuit affirms debtors’ rights,” Apr 2005, p 83

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DECEPTIVE ADVERTISING
News & trends: "Courts stamp out industry claims about 'light' cigarettes," Dec 2006, p 14
News & trends: "Federal judge allows obesity lawsuit alleging deceptive ads," Dec 2006, p 68

DEEP VEIN THROMBOSIS
News & trends: “Airlines put fliers in the seat of danger, new litigation claims,” Aug 2001, p 81

DEFAMATION
McCormick, J. Burke, and D. Alan Rudlin, “Zapped in cyberspace,” Mar 2002, p 32
News & trends: “‘Gripe sites’ raise questions about free speech on the Web,” Apr 2005, p 14
News & trends: “Pennsylvania court restricts lawyer dealings with the press,” Jan 2005, p 78

DEFIBRILLATORS
See also Automated External Defibrillators
News & trends: “Implanted defibrillators linked to patient deaths and injuries,” Oct 2005, p 14
News & trends: "Judge rejects preemption in heart device case," Feb 2007, p 72
News & trends: "Scrutiny of defibrillator defects grows," Aug 2006, p 68

DELAYED-DISCOVERY RULE
News & trends: “California court allows delayed discovery of medical device claim,” Aug 2005, p 16

DEMONSTRATIVE EVIDENCE
See also Computer Animation, Courtroom Technology, Forensic Animation, Trial Graphics
Choate, Mark, “Upgrade your products case with demonstrative evidence,” July 2002, p 44
Demetrio, Thomas A., Joshua Rosenfeld, and Edward G. Willer, "Do-it-yourself demonstrative evidence," Apr 2006, p 20
Imwinkelried, Edward J., “Can this photo be trusted?” Oct 2005, p 48
Jew, Rodney, and Martin Q. Peterson, “Envisioning persuasion,” Oct 1995, p 74
*Joseph, Gregory P., “A matter of timing,” Sept 1996, p 58
Joye, Mark C., “Avoiding 10 pitfalls of demonstrative evidence,” Nov 2000, p 94
Kessler, Keith L., and Jay Syverson, "Picture-perfect settlement videos," Apr 2006, p 46
Littlepage, Zoe, "Keep jurors awake with powerful visuals," Oct 2007, p 32
News & trends: "Fifth Circuit bars 'misleading' Ford video evidence," Nov 2006, p 81
Panish, Brian J., and Christine D. Spagnoli, “Take technology to trial,” July 2002, p 39
Perdue, Jim M. Jr., “The art of demonstrative evidence,” May 2005, p 46
Pillersdorf, Gary B., "Sweet visuals to sway jurors," June 2007, p 56
Porter, Rebecca, “Low-tech demonstrative evidence still works,” Sept 2000, p 72
Rediker, Michael J., “Computer technology helps win cases,” Oct 1995, p 26
Symposium: “Saying it well without language,” Sept 1995, p 40
Symposium: “Show, don’t tell: effective demonstrative evidence,” Apr 2000, p 52
Vesper, Thomas J., “Add dynamics to direct examination,” Sept 2003, p 46

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DENTAL MALPRACTICE
Staley, Robert W. Jr., Symposium: "Meeting the defenses: Drilling through the informed consent defense in dental malpractice cases,” May 1998, p 61

DENTISTS
News & trends: “Aetna settles suit over unfair business practices; dentists file similar action,” Aug 2003, p 74

DEPARTMENT OF AGRICULTURE (USDA)
News & trends: “USDA faces series of discrimination lawsuits,” Jan 2004, p 17

DEPARTMENT OF LABOR
News & trends: “More audits look for violations of wage-and-hour laws,” June 2005, p 78

DEPOSITIONS
See also Court Reporting, Online Depositions, Sexual Harassment, Videoconferencing
Bidart, Michael J., and Ricardo Echeverria, “Discover the key to HMO bad-faith cases,” June 2003, p 57
Blank, Adam, "Five strategies for Rule 30(b)(6) depositions," Aug 2007, p 40
Evans, Mark J., “Make the most of company-employee depositions,” Nov 2003, p 36
Feldman, Michael H., “Winning strategies for deposing the adverse expert,” Jan 2000, p 83
Gonzalez, Richard J., “Depositions in the age of summary judgment,” Aug 2004, p 20
Gonzalez, Richard J., “Putting the techniques to work,” Aug 2004, p 22
Herd, Betsey, and Janabeth Evans, “Preparing for the defense medical expert’s deposition,” May 2004, p 66
Herd, Betsey, and Janabeth Evans, “‘Under penalty you shall bring with you . . .,’” May 2004, p 68
Horowitz, David Paul, “Deposition tips your parents taught you,” July 2005, p 40
Ivanichvili, Nina, “A lawyer’s guide to cross-cultural depositions,” Jan 2004, p 58
Kosieradzki, Mark, “It’s all in the documents,” July 2005, p 36
Kyle, Earle F. IV, “Combating unsavory deposition tactics,” Sept 1997, p 42
Letters, Sept 2001, p 12
Mongeluzzi, Robert J., and David L. Kwass, "Proving your case with manufacturer employee depositions," Feb 2006, p 56
Mongeluzzi, Robert J., and David L. Kwass, "Try opening with a videotaped deposition," Apr 2007, p 52
Morris, Charlotte Wortz, “Effective communication with deposition witnesses,” July 2000, p 70
News & trends: “Proposed rule changes narrow discovery, limit depositions, and restrict expert testimony,” Jan 2000, p 14
Perry, Robert X. Jr., “Deposing witnesses,” Feb 1996, p 64
Shrager, David S., “Deposing the terminally ill client,” June 1998, p 20
Siegel, Daniel J., Tech brief: "Transcript management without the yellow highlighter," June 2007, p 66
Sykes, Robert B., “Abusive deposition tactics,” Sept 1999, p 30
Szaller, James F., and Jeff Gibson, "Nonparty discovery in drug cases," Sept 2007, p 46
Szaller, James F., and Gerald S. Leeseberg, “Divide and conquer,” Sept 2003, p 42
Vesper, Thomas J., “10 tips for effective depositions,” Aug 2000, p 36
Vesper, Thomas J., Symposium: "Client conundrums: From John Whine to John Wayne," Aug 2006, p 48
*Vesper, Thomas J., Symposium: “When your ship is sinking: The domino theory of depositions,” July 1995, p 48
Yarashus, Valerie A., and David McCormack, “Don’t let your opponent disrupt depositions,” Nov 2004, p 56

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DEPRESSION
See also Accutane, Emotional Injuries, Family and Medical Leave Act, Paxil
Dolce, Frank J., Reflections: "Practicing alongside depression," July 2007, p 73
Letters: "A moving story," Sept 2007, p 14
Lukasik, Daniel T., Reflections: "One attorney's depression story," July 2007, p 72
Welch, Bryant L., “Draw a map through the desert,” Sept 2002, p 32

DEPUBLISHED OPINIONS
See also Unpublished Opinions
News & trends: “California agency will seek to depublish paternity ruling,” Nov 2004, p 97

DES (DIETHYLSTILBESTROL)
News & trends: “Insurance covers third-generation DES claims, Second Circuit says,” May 2001, p 87

DESEGREGATION
Chemerinsky, Erwin, Supreme Court review: "Roberts Court enters a divisive second year," Nov 2006, p 66

DIABETES
Malone, Patrick A., “Medical malpractice in managing diabetes,” Mar 2004, p 46

DIACETYL
News & trends: “Popcorn flavoring damaged worker’s lungs, jury finds,” June 2004, p 76

DIETARY SUPPLEMENTS
See also Ephedrine, Herbal Supplements
News & trends: “Supplements supply dietary danger, as FDA looks on,” Oct 1998, p 12

DIGITAL BRIEFS
Ausburn, Deborah, "Make your case with a digital brief," Apr 2006, p 40

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
News & trends: “Recording-industry subpoenas spark online-privacy debate,” Nov 2003, p 12
News & trends: “Recording industry targets ‘John Does’ in new lawsuits,” Mar 2004, p 93

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DIGITAL PHOTOS
Imwinkelried, Edward J., “Can this photo be trusted?” Oct 2005, p 48

DIRECT EXAMINATION
See also Brain Injuries, Expert Witnesses
Rubio, Maria L., “Present a believable and compelling client,” Oct 2004, p 52
Stuart, Pamela B., “The basics of direct and cross-examination of a fact witness,” Jan 1999, p 74
Turbak, Nancy J., “Effective direct examination,” June 1998, p 68
Vesper, Thomas J., “Add dynamics to direct examination,” Sept 2003, p 46

DIRECTOR LIABILITY
See Shareholder Suits

DIRECT-TO-CONSUMER ADVERTISING
Jowers, Gerald D. Jr., “Drug advertising and accountability,” July 2003, p 68

DISABILITY
See also Americans with Disabilities Act, Elderly, Mental Disability
Abrams, Ronald B., Interview: "Representing veterans in the battle for benefits," Sept 2006, p 30
Darras, Frank N., and David T. Bamberger, “Disabling the disability carrier,” June 2002, p 48
East, Brian, "Deciphering disability," Aug 2007, p 18
Goracke, Monica, Roger Heller, and Victoria Ni, "Fighting for our troops on the home front," Sept 2006, p 36
Malalis, Carmelyn P., and Linda A. Neilan, "A crackdown on caregiver discrimination," Aug 2007, p 32
News & trends: “California high court endorses broad definition of ‘disability,’” May 2003, p 92
News & trends: “Cosmetics company loses face in discrimination claim,” Mar 2003, p 83
News & trends: “Court rules dog ownership ‘reasonable accommodation,’” Jan 2005, p 82
News & trends: "Disabled travelers sue over inability to book accessible rooms online," Aug 2007, p 70
News & trends: “Fifth Circuit sinks claims of disabled cruise-ship passengers,” Apr 2004, p 85
News & trends: “Repetitive motion can cause ‘injury,’ Georgia high court rules,” May 2003, p 92
"Prepare your disability discrimination case with documents from the AAJ Exchange," Aug 2007, p 20
Wilson, Rhonda Hill, "The ethics of representing the incapacitated," Dec 2006, p 32
Winkles, D. Frank, and Claude H. Tison Jr., “When the specialist can’t specialize anymore,” Dec 2003, p 42

DISASTER RECOVERY
Bernstein, Paul, Law office technology: “Loss and recovery,” Dec 2001, p 59

DISCIPLINARY PROCEEDINGS
Coffield, Michael W., and Christopher C. Kendall, “Tactics in a disciplinary proceeding,” Apr 1998, p 62

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DISCOVERY
See also Big-box Retailers, Black Box, Depositions, Discovery Abuse, Electronic Discovery, Electronic Evidence, Evidence, Mediation, Nursing Home Negligence, Pharmaceutical Products, Preservation Letters, Protective Orders, Psychotherapy, Requests for Admission
Atkinson, Linda Miller, “Challenge defense medical testimony in low-impact collision cases,” Feb 2003, p 49
Bidart, Michael J., and Ricardo Echeverria, “Discover the key to HMO bad-faith cases,” June 2003, p 57
Blakley, Alan, "Sharpen your discovery from nonparties," Apr 2007, p 34
Coben, Larry E., “Protecting litigation support materials from discovery,” July 2000, p 49
Edelstein, Stewart I., “Have new rules changed the boundaries of discovery?” Aug 2002, p 50
Herd, Betsey, and Janabeth Evans, “Preparing for the defense medical expert’s deposition,” May 2004, p 66
Herman, Stephen J., and Russ M. Herman, “Evidence preservation and spoliation,” Sept 2005, p 50
Imwinkelried, Edward J., “A new threat to plaintiffs’ discovery rights?” Sept 1997, p 36
Johnston, Robert Gilbert, “Discovery: facts and myths,” Oct 1999, p 53
*Joseph, Gregory P., “A matter of timing,” Sept 1996, p 58
Jurewicz, Richard M., “Effective discovery in construction litigation,” July 2001, p 70
Kosieradzki, Mark, “It’s all in the documents,” July 2005, p 36
Kosieradzki, Mark R., Martha M. Eastman, and Joel E. Smith, “How to prove management flaws in nursing homes,” Oct 2004, p 30
Kramer, Bruce, and Elaine Sheng, “Busting open the big box,” Dec 2001, p 26
McFadden, Monica E., “Medical privacy and discovery: defining the lines,” Apr 2000, p 64
McLaughlin, George E., and William J. Hansen, "Mining discovery in other cases," Nov 2007, p 32
News & trends: “Attorneys press discovery effort in litigation over cholesterol drug,” June 2003, p 12
News & trends: “Busy sole practitioner given no slack by Ninth Circuit,” Oct 1995, p 101
News & trends: “Discovery subpoena to foreign witness is valid, Second Circuit rules,” Oct 2002, p 81
News & trends: “Insurers must comply with broad discovery requests, judge rules,” Nov 2004, p 16
News & trends: “Judges rap corporations for pre-trial misconduct,” Nov 1995, p 93
News & trends: “Opting out of class does not limit discovery rights,” Mar 2004, p 16
News & trends: “Proposed rule changes narrow discovery, limit depositions, and restrict expert testimony,” Jan 2000, p 14
News & trends: “Ruling regarding opt-out plaintiffs’ discovery rights is precedential,” May 2004, p 110
News & trends: “Texas Supreme Court constricts discovery’s reach,” Mar 2004, p 84

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Pennington, C. Rufus, “Outnumbered, but not outdone: Break through stonewalling defense tactics,” Sept 2004, p 56
Perry, Robert X. Jr., “Deposing witnesses,” Feb 1996, p 64
Seymour, Richard T., “The shrinking door to discovery,” May 2001, p 48
Seymour, Richard T., “Where to find key information,” May 2001, p 50
Sugden, David R., and Scott J. Ferrell, "The next best thing to the smoking gun," June 2006, p 36
Szaller, James F., and Jeff Gibson, "Nonparty discovery in drug cases," Sept 2007, p 46
Tigert, Juliann, "Conduct nontraditional discovery with ATLA Exchange litigation packet," Sept 2006, p 56

DISCOVERY ABUSE
Brinkley, Christopher L., "Stop automaker discovery abuse," Nov 2006, p 20
DeFeo, Daniel T., “Making your request,” Feb 2003, p 28
DeFeo, Daniel T., “Unlocking the door to automaker databases,” Feb 2003, p 26
Jenner, Robert K., “How to attack discovery abuse,” Feb 2002, p 28
Komyatte, Paul J., “Hitting the wall in the discovery race,” Mar 2002, p 24
News & trends: “Judges rap corporations for pre-trial misconduct,” Nov 1995, p 93
News & trends: “Pre-trial abuse: judges’ sanctions are more frequent, severe,” Feb 1996, p 12
News & trends: “RICO lawsuit seeks punitive damages for GM’s alleged discovery abuse,” Apr 2002, p 16
Pennington, C. Rufus, “Outnumbered, but not outdone: Break through stonewalling defense tactics,” Sept 2004, p 56
Ryan, Michael J., “10 ways to beat e-discovery abuse,” Sept 2004, p 42

DISCOVERY RULE
News & trends: “Supreme Court rejects discovery rule in identity-theft case,” Feb 2002, p 16
Simon, Bruce L., “Save the case using the discovery rule,” Feb 2002, p 53

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DISCRIMINATION
See also Age Discrimination, Age Discrimination in Employment Act, Americans with Disabilities Act, Arab-Americans, Boy Scouts, Breastfeeding, Caregiver Discrimination, Civil Rights, Client Selection, ‘Color Bias,’ Courtroom Bias, Criminal Law, Disability, Elderly, Employment Law, English-only Rules, Environmental Justice, Fair Housing Act, Gays & Lesbians, Genetics, Immigration, Minorities, Police Misconduct, Pregnancy Discrimination, Race Discrimination, Racial Profiling, Religious Discrimination, Retaliation, Sex Discrimination, Sexual Harassment, Solomon Amendment, Taxes, Title VII, Tobacco, Uniformed Services Employment and Reemployment Rights Act, Weight Bias
Chemerinsky, Erwin, Supreme Court review: "The Court deals a blow to pay discrimination plaintiffs," Sept 2007, p 60; "Court revisits sovereign immunity in discrimination cases," Mar 2006, p 70; “Justices begin another blockbuster year,” Nov 2004, p 76
Goracke, Monica, Roger Heller, and Victoria Ni, "Fighting for our troops on the home front," Sept 2006, p 36
News & trends: “California case brings Internet into gay adoption debate,” Mar 2004, p 88
News & trends: “Denying convicts the right to vote may violate due process,” Mar 2004, p 94
News & trends: “Hospital fails to justify refusal to hire male obstetrical nurses,” May 2004, p 104
News & trends: “Library employees settle Internet porn suit,” Nov 2003, p 86
News & trends: “Refusal to fire ‘unattractive’ employee is protected activity, California court rules,” June 2003, p 91
News & trends: “Supreme Court eases burden for employees fighting discrimination,” Sept 2003, p 80

DISPARATE-IMPACT CLAIMS
Chemerinsky, Erwin, Supreme Court review: “Can plaintiffs make disparate-impact claims in age discrimination cases?” May 2002, p 72
News & trends: “‘Disparate-impact’ suits may survive after High Court ruling on Civil Rights Act,” July 2001, p 17
News & trends: “Supreme Court to consider disparate-impact claims in age bias cases,” Mar 2002, p 74

DIVERSITY
See also Linguistic Minorities, Minority Attorneys, Racial Profiling
Bryant, Susan, “How to bridge the culture gap,” Aug 2002, p 42
Ivanichvili, Nina, “A lawyer’s guide to cross-cultural depositions,” Jan 2004, p 58
Ivanichvili, Nina, “Welcoming foreign-born clients,” Sept 2004, p 66
Loiacono, Kristin, Washington focus: “Diversity in the halls of Congress,” Aug 2002, p 11; “Diversity in the ranks of ATLA,” Aug 2002, p 11
News & trends: “Legal profession is more diverse, EEOC finds,” Feb 2004, p 78

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DIVORCE
See also Mediation, Marital Torts
Becker, Michael, “Representing parties in private divorce mediation,” Aug 2001, p 59
Friedlander, William S., “Exploring the Net impact on family law,” June 2002, p 56
Gold, Arnold H., “Make parting less painful,” June 2003, p 44
News & trends: “At the fault line: divorce laws divide reformers,” Sept 1996, p 12
News & trends: “Courts order divorcing parents to parenting classes,” Oct 1998, p 100
News & trends: “Divorce has lasting effects on children, study says,” Aug 1997, p 75
News & trends: “New York law firms help women divorce their abusers,” June 1995, p 97
News & trends: “Texas Supreme Court constricts discovery’s reach,” Mar 2004, p 84
News & trends: “Wife’s mental illness doesn’t excuse adultery, Kentucky court says,” Nov 1995, p 102
Schimmerling, Thomas E., “The no-fault debate: is blame better?” Aug 1997, p 33

DMCA
See Digital Millennium Copyright Act

DNA EVIDENCE
See also Genetics
News & trends: “DNA evidence allowed in post-death paternity suit,” Jan 1996, p 87
News & trends: “DNA evidence changes for whom the statutes toll,” Feb 2004, p 12
News & trends: “Dog DNA used to take a bite out of crime in Seattle,” Feb 1999, p 104
News & trends: “New York eases defendants’ evidence burden after conviction,” May 2005, p 94
News & trends: “State courts tackle DNA admissibility,” June 1995, p 17

DNA TESTING
Crockin, Susan L., Gail H. Javitt, Susannah Baruch, and Elizabeth M. Bloom, "Genetic tests are testing the law," Oct 2006, p 44
News & trends: "Equitable paternity stands firm, N.Y. high court says," Oct 2006, p 83
News & trends: “Fathers may seek DNA tests to reopen paternity cases, Maryland court rules,” Sept 2000, p 90
News & trends: “Federal court rules that rapist has right to DNA test,” June 2001, p 90
News & trends: "In a twist on paternity cases, absentee father is denied genetic test," Feb 2006, p 78

DOCTOR-PATIENT PRIVILEGE
News & trends: “Georgia jury favors patient confidentiality, not duty to warn,” Mar 2000, p 108
Sutherland, Pamela K., and Gina Yarbrough, “High-tech gossip: physician-patient confidentiality and computerized managed care,” Nov 1996, p 58

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DOG BITES
News & trends: “Maryland appeals court extends negligent entrustment to pit bulls,” June 2005, p 77
Phillips, Kenneth, "Put some teeth in your dog-bite claim," Feb 2006, p 62
"Prepare your dog-bite case with resources from the ATLA Exchange," Feb 2006, p 66

DOG SEARCH
Bradley, Craig M., Supreme Court review: “Court sniffs at dog-search concerns,” Apr 2005, p 62

DOHSA
See Death on the High Seas Act

DOMESTIC SURVEILLANCE
News & trends: "Lawsuits aim to curb warrantless domestic surveillance," Apr 2006, p 12

DOMESTIC VIOLENCE
See also Battered Women, Child Abuse, Family Justice Program, Murder, Psychological Injuries, Restraining Orders, Sexual Abuse
Austern, David T., “Strategies for recovery in domestic violence tort cases,” Aug 1997, p 26
Lehrman, Fredrica, “Factoring domestic violence into custody cases,” Feb 1996, p 32
Meier, Linda K., and Brian K. Zoeller, “Taking abusers to court: civil remedies for domestic violence victims,” June 1995, p 60
News & trends: “Battery conviction based on child witness’s mental suffering,” June 1996, p 16
News & trends: “Civil suits against police change domestic violence response,” Sept 1999, p 103
News & trends: “Federal legislation would secure workplace rights of domestic violence victims,” Oct 2001, p 81
News & trends: “In New York, battered mothers not presumed neglectful,” Jan 2005, p 79
News & trends: “Judges’ group releases guidelines for protecting victims of family violence,” Aug 1999, p 83
News & trends: “Marital tort lawsuits can make abusers pay,” Feb 2002, p 12
*News & trends: “New York law firms help women divorce their abusers,” June 1995, p 97
News & trends: “Ninth Circuit expands ‘extreme cruelty’ under domestic abuse law,” Jan 2004, p 76
News & trends: “Tavern faces charges of domestic violence,” July 1995, p 108
News & trends: “Victims of intimate partner violence doubt criminal justice system,” Nov 2000, p 112
Robinson, Angela C., “Protecting children’s rights in domestic violence cases,” Aug 1997, p 20
Romary, Peter J.M., “Recovery for domestic abuse,” Aug 2003, p 30

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DO-NOT-CALL LISTS
News & trends: "Eighth Circuit upholds North Dakota do-not-call law," Mar 2006, p 80

DOOR LATCH SYSTEMS
Wigington, Jeffrey G., and Kevin R. Dean, “Ford’s dangerous door-latch defects,” Nov 2004, p 32

DOUBLE JEOPARDY
Bradley, Craig M., Supreme Court review: “Death and double jeopardy,” Apr 2003, p 66
News & trends: “Fourth Circuit opens door to double jeopardy defense in many drug cases,” July 1998, p 108
Taylor, Lawrence, “Drunk driving license suspensions: double jeopardy dilemma,” June 1995, p 80

DRIVER FATIGUE
Burns, Jeffrey A., “Asleep at the wheel?” Nov 2002, p 58

DRIVER PERCEPTION-REACTION TIME
Christensen, Dan, "In the eyes of the beholder," Feb 2007, p 26

DRUG ABUSE
See also Prescription Drugs
Altman, Robert, “Drugs, alcohol, and truckers,” Sept 2001, p 52

DRUG ADDICTION
News & trends: “New York judge orders drug-addicted moms to have no more children,” Mar 2005, p 82
Paltrow, Lynn, Interview: “The fight for reproductive rights,” Aug 2003, p 48

DRUG ADVERTISING
See also Direct-to-Consumer Advertising
News & trends: "Claim based on deceptive drug ads is preempted, Third Circuit holds," Nov 2007, p 16

DRUG DEALER LIABILITY LAWS
News & trends: “States impose liability on drug dealers,” Mar 1996, p 82

DRUG REHABILITATION COURTS
News & trends: “Drug rehabilitation courts slated for expansion,” Apr 1997, p 87

DRUG REPRESENTATIVES
News & trends: "Drug companies go too far to influence doctors, critics say," Oct 2007, p 14

DRUG SAFETY OVERSIGHT BOARD
News & trends: “FDA’s new drug-safety board is an imperfect solution, critics say,” Apr 2005, p 78

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DRUG TESTING
Bradley, Craig M., Supreme Court review: “Court gives school drug-testing an A,” Dec 2002, p 56
*Dripps, Donald A., Supreme Court review: "Drug testing—again," June 1997, p 72

DRUNK DRIVING
See also Double Jeopardy
News & trends: “‘Apparent’ intoxication triggers tavern’s liability, Washington court holds,” Jan 2005, p 76
News & trends: “Drunk guest can sue hosts of party,” Nov 1995, p 98
News & trends: “Gas company may be liable for station’s sale of fuel to drunk driver,” Nov 2004, p 100

DUE PROCESS
See also Civil Rights, Fourteenth Amendment
Chemerinsky, Erwin, Supreme Court review: "Upholding due process," July 2006, p 84
News & trends: "Court strikes down DOJ policy on payment of workers' legal fees," Oct 2006, p 84
News & trends: "Terminally ill have 'fundamental right' to unapproved drugs," July 2006, p 102

DURAGESIC (FENTANYL) PATCH
See Transdermal Patch

DURSBAN
News & trends: “Dursban maker fined,” July 1995, p 113

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E

EARTHQUAKE DAMAGE CLAIMS
News & trends: “California high court to rule on insurer’s denial of earthquake damage claim,” Nov 1999, p 97

EATING DISORDERS
News & trends: “Colleges may be liable for athletes’ eating disorders, report says,” May 2000, p 101

ECOA
See Equal Credit Opportunity Act

ECONOMIC LOSS RULE
Edelstein, Stewart I., "Beware the economic loss rule," June 2006, p 42
News & trends: "Maryland high court expands economic loss exception," May 2007, p 87

ECONOMIC NEGLIGENCE
Feinman, Jay M., “Economic negligence actions,” June 1996, p 50

EDELMAN, MARIAN WRIGHT
Letters, “Raising happy, healthy families,” Nov 1998, p 12

EDUCATION
See Standardized Tests, Title VII

EEOC
See Equal Employment Opportunity Commission

EIGHTH AMENDMENT
Chemerinsky, Erwin, Supreme Court review: “Is any sentence cruel and unusual punishment?” May 2003, p 78
Jones, Craig T., “Hope for civil rights,” Apr 2004, p 38

E-LAW
News & trends: “Nothin’ but Net: Will e-law change the practice of law?” June 2000, p 12

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ELDER ABUSE
News & trends: “Elder abuse cases hit home with jurors,” Dec 1995, p 65
Sokolove, James G., “Handling elder abuse and neglect cases,” Dec 1999, p 40

ELDER LAW
See Advance Directives, Age Discrimination, Age Discrimination in Employment Act, Elder Abuse, Elderly, Health Maintenance Organizations, Life-Sustaining Medical Treatment, Living Wills, Medicaid, Nursing Home Negligence, Nursing Home Reform Act, Nursing Homes

ELDERLY
See also Assisted Living, Elder Abuse, Nursing Homes
Allen, Michael, and Susan Ann Silverstein, “Preserving elders’ housing rights,” Oct 2003, p 32
Faiella, Elizabeth H., and Peter J. Gulden III, "Battling ageism in cancer negligence cases," May 2007, p 20
Frolik, Lawrence A., “Insurance fraud on the elderly,” June 2001, p 48
Malalis, Carmelyn P., and Linda A. Neilan, "A crackdown on caregiver discrimination," Aug 2007, p 32
News & trends: “Failure to treat pain is elder abuse, jury finds,” Sept 2001, p 87
News & trends: “New Jersey is sued for letting unfit, elderly man drive,” Oct 2003, p 12
News & trends: “Older Americans at higher risk of product-related injuries,” May 2005, p 97
News & trends: "Third Circuit clears rule allowing lesser benefits for older retirees," Aug 2007, p 72

ELECTIONS
See also Bipartisan Campaign Finance Reform Act, Voting Rights
Chemerinsky, Erwin, “Fairness at the ballot box,” Apr 2004, p 32; "Small docket, big decisions in Court's new term," Nov 2007, p 70
Eidson, Lewis S. "Mike," President's page: "High time for a raise," Apr 2007, p 9; "Opportunity and action," Oct 2006, p 9; "Turning the tables," Mar 2007, p 9
Peterson, Kathleen Flynn, President's page: "Allies for justice," Dec 2007, p 9; "Strength in numbers," Oct 2007, p 9
Smith, Todd A., President’s page: “Time to act,” Oct 2004, p 9
Straub, Bill, On message: "Voters cast ballots for civil justice," Jan 2007, p 64
Suggs, Kenneth M., President's page: "Warped Washington," Mar 2006, p 9

ELECTORAL COLLEGE
Loiacono, Kristin, Washington focus: “Amending the Constitution,” Jan 2001, p 12

ELECTRICAL PRODUCTS
Frank, Carrie R., and Anne M. Rhodes, "The shocking truth about electrical products," Jan 2006, p 56

ELECTRIC BLANKETS
McLaughlin, George E., “Fire in the night,” Nov 1999, p 53

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ELECTROMAGNETIC RADIATION (EMR)
DeBoskey, Bruce H., “Electromagnetic radiation and cancer: recent developments,” July 1995, p 18
News & trends: “Scientists find no evidence of health risks from residential EMF exposure,” Jan 1997, p 76

ELECTRONIC DISCOVERY
See also Discovery
Altman, Keith L., “Make the most of e-data experts,” Oct 2005, p 42
Altman, Keith L., "Putting the brakes on cost-shifting," Apr 2007, p 38
Arsenault, Richard J., and John Randall Whaley, “Gathering digital data,” Oct 2005, p 20
Ball, Craig, "The perfect preservation letter," Apr 2007, p 28
Ball, Craig, “A practical guide to e-mail discovery,” Oct 2005, p 28
Ball, Craig, “20 tips for electronic discovery,” Oct 2005, p 30
Birchfield, Andy D. Jr., and W. Chadwick Cook, “Keep a mass tort from becoming mass confusion,” Jan 2004, p 18
Blakley, Alan, "Sharpen your discovery from nonparties," Apr 2007, p 34
Buchanan, Mark A., “Electronic evidence in everyday cases: Uncovering the employer’s e-data,” Oct 2005, p 38
“Civil rules for e-discovery may be changed,” Oct 2005, p 22
DeFeo, Daniel T., “Making your request,” Feb 2003, p 28
DeFeo, Daniel T., “Unlocking the door to automaker databases,” Feb 2003, p 26
Frickleton, James P., "Get a handle on electronic hospital data," May 2006, p 44
Friedlander, William S., “Electronic evidence in everyday cases: All in the family computer,” Oct 2005, p 36
Grenig, Jay E., “Electronic discovery,” Sept 1998, p 30
Katz, Debra S., and Alan R. Kabat, “Electronic discovery in employment discrimination cases,” Dec 1998, p 28
News & trends: “California e-discovery statute doesn’t mandate cost-shifting, court says,” Feb 2005, p 73
News & trends: “Judicial Conference OKs e-discovery rules, with revised notes,” Dec 2005, p 60
Nimsger, Kristin M., “Digging for e-data,” Jan 2003, p 56
Ragan, Charles R., and Lori Ann Wagner, "Competence and credibility in e-discovery," Apr 2007, p 40
Riedy, Marian K., and Suman Beros, "Win the battle for access to e-data," Dec 2006, p 48
Rooks, James E. Jr., “Help keep discovery fair,” Nov 2004, p 20
Rooks, James E. Jr., “Will e-discovery get squeezed?” Nov 2004, p 18
Ryan, Michael J., “10 ways to beat e-discovery abuse,” Sept 2004, p 42
Smith, Todd A., President’s page: “Preserve our clients’ discovery rights,” Jan 2005, p 9
Tarricone, Anthony, “Discovery and spoliation of electronic evidence,” Dec 1999, p 56
Wall, Christopher D., “Ethics in the era of electronic evidence,” Oct 2005, p 56
Wilson, Clyde H. Jr., and Douglas A. Cherry, “Success in electronic discovery,” May 2003, p 60
Withers, Ken, Ronald Hedges, John Carroll, and Steve Leben, Interview: "Judges, lawyers, and the new rules," Apr 2007, p 20

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ELECTRONIC EVIDENCE
See Electronic Discovery

ELECTRONIC FETAL MONITORING (EFM)
Apfel, Dov, “Fetal monitoring mistakes and their catastrophic consequences,” Aug 2003, p 54

ELECTRONIC FILING
Ausburn, Deborah, "Make your case with a digital brief," Apr 2006, p 40
Larson, Susan, “The state of electronic court filing,” Jan 2004, p 30
McMillan, Jim, Interview: “Filing court documents electronically,” Jan 2001, p 26
News & trends: "Ruling on e-dockets highlights new duties for attorneys," Nov 2007, p 18
Robertson, James, “Electronic case filing in the federal courts,” Mar 2000, p 52

ELECTRONIC SIGNATURES
Porter, Rebecca, “Do electronic signatures mean an end to the dotted line?” Sept 2003, p 52

ELECTRONIC STABILITY CONTROL (ESC)
Komyatte, Paul J., "Keeping the ESC case on course," Nov 2007, p 20

ELEVENTH AMENDMENT
News & trends: “Justice Department bolsters suit by California nursing home residents,” Aug 2003, p 16

E-MAIL
See also Attorney-Client Privilege, Electronic Discovery, Internet, Spam, ‘Spamming’
Ball, Craig, “A practical guide to e-mail discovery,” Oct 2005, p 28
Good, C. Edward, “An e-mail education,” Feb 1999, p 28
Guyer, Thad M., Law office technology: “Averting e-mail disaster,” Jan 2003, p 72
Jarvis, Peter R., and Bradley F. Tellam, “Confidentiality issues in high-tech communications,” Jan 1997, p 42
Letters, May 2003, p 12
News & trends: "Account holder has right to e-mail privacy, Sixth Circuit rules," Oct 2007, p 71
News & trends: “E-mail intercept violates wiretap law, First Circuit holds,” Nov 2005, p 83
News & trends: “Retrieving spouse’s e-mail did not violate state wiretap law,” Jan 2002, p 76
News & trends: "Ruling on e-dockets highlights new duties for attorneys," Nov 2007, p 18
News & trends: “Teen’s date plans unraveled by authorities,” Feb 2000, p 93
Porter, Rebecca, "Tap into tech resources for trial lawyers," Jan 2003, p 29
Siegel, Daniel J., Tech brief: "E-mail blues-and how to beat them," Oct 2007, p 62

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EMERGENCY-AID DOCTRINE
News & trends: “No warrant needed for search in emergency, says N.J. high court,” Aug 2004, p 80

EMERGENCY MEDICAL SERVICES
Green, Justin T., "When rescue is too risky," Feb 2006, p 28
Messerly, Chris, “When every second counts,” May 2003, p 48
News & trends: “Cities, states not required to ensure competence of rescue services, Third Circuit rules,” Apr 2003, p 76
News & trends: "Emergency care is on life support, advisory group says," Sept 2006, p 72
News & trends: “911 negligence case ends in settlement,” June 2001, p 97
News & trends: “Jury finds failure of Chicago’s 911 system ‘willful and wanton,’” Mar 2001, p 92

EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA)
News & trends: “Patients may sue hospitals under federal law,” Apr 1999, p 98

EMERGENCY ROOM NEGLIGENCE
McFadden, Monica E., James J. Fyfe, and Sharon Ward, “ER to lockup: What are the standards?” Feb 2001, p 28
Vigil, Jacob G., “Negligence in the emergency room,” May 2001, p 28

EMINENT DOMAIN
News & trends: "Ohio high court reins in eminent domain," Oct 2006, p 74

EMOTIONAL DISTRESS
See also Bystander Emotional Distress, Medical Negligence, Pain Management
Fitzgerald, Louise F., “A new framework for sexual harassment cases,” Mar 2003, p 36
News & trends: “Court rules dog ownership ‘reasonable accommodation,’” Jan 2005, p 82
News & trends: “Economic loss not necessary to prove emotional distress,” Aug 2004, p 74
News & trends: “Father who didn’t see son’s accident can sue for emotional distress,” Apr 2004, p 88
News & trends: “In emotional distress case, judge shows horse sense,” June 2004, p 80
News & trends: “Mother denied recovery in N.Y. miscarriage case,” July 2003, p 89
News & trends: “New York court says child, not mother, can sue for injuries in womb,” Aug 2005, p 68
News & trends: “State emotional-distress claim bolsters family-leave suit,” Mar 2003, p 82
News & trends: “Women can recover for emotional distress in miscarriage cases,” June 2004, p 68

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EMOTIONAL INJURIES
Albin, Rochelle S., “Principles of psychological assessment,” Sept 1999, p 56
Albin, Rochelle S., “The psychology of injury,” Sept 1999, p 52

EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)
See also Patients’ Rights
Babbitt, Theodore, Symposium: "Meeting the defenses: Refuting ERISA preemption of state law claims in HMO cases,” May 1998, p 55
Bogan, Donald T., “Saving state law bad-faith claims from preemption,” Apr 2003, p 52
Buchan, Philip, Washington focus: “105th Congress roundup,” Dec 1998, p 11
Connette, Edward G., “Challenging insurance coverage denials under ERISA,” May 1998, p 20
DeBofsky, Mark D., “Significant decisions in ERISA litigation,” Oct 2003, p 51; “So you’re stuck with ERISA . . . Now what?” Oct 2002, p 49
Langer, Steven L., “ERISA’s silence on reimbursement,” Dec 1998, p 70
Letters, Sept 2001, p 12;
Levinson, Arnold R., and Terrence J. Coleman, “Insurance bad faith claims are not preempted,” June 2001, p 30
Loiacono, Kristin, Washington focus: “Patients still waiting for legal rights,” June 2001, p 11
Mettler, Earl, “Subrogation rights of ERISA plans,” Sept 2000, p 57
News & trends: “Connecticut patients can sue HMOs for negligence,” Jan 1999, p 90
News & trends: “Diabetic patient loses leg and lawsuit against HMO,” Apr 2003, p 74
News & trends: “ERISA does not preempt California law allowing untimely claims against insurers,” July 1999, p 16
News & trends: “ERISA does not preempt state medical malpractice suit, Second Circuit rules,” Apr 2003, p 17
News & trends: “ERISA preemption hinges on quality of care provided, Third Circuit rules,” Dec 1999, p 82
News & trends: “Federal judges spar over whether ERISA allows punitive damages,” Nov 2002, p 84
News & trends: “High Court ruling on ERISA is another blow to HMOs,” June 2003, p 17
News & trends: "Insurer may take share of damages award, Supreme Court rules," July 2006, p 92
News & trends: “Insurers must detail conferral of discretion in ERISA benefits cases,” May 2000, p 95
News & trends: “Patients’ right to sue HMOs upheld in Texas,” Dec 1998, p 98
News & trends: “Quality-of-care case sidesteps ERISA in New York,” June 1999, p 18
News & trends: “Supreme Court approves state review of HMO decisions; Congress stalls,” Sept 2002, p 12
News & trends: “Supreme Court limits patients’ right to sue HMOs,” Aug 2004, p 68
News & trends: “Supreme Court wades into ERISA’s ‘Serbonian bog’ again,” Jan 2004, p 12
News & trends: “Treatment decisions made by HMO physician-owners are not fiduciary acts under ERISA,” Aug 2000, p 81
News & trends: “Undiagnosed illness not a preexisting condition,” Sept 2004, p 86
News & trends: “Woman can sue HMO for delayed treatment, court rules,” Nov 1998, p 109
Payne, William T., John Stember, and Stephen M. Pincus, “Battling for benefits,” Dec 2005, p 26
Peeno, Linda, Theodore J. Leopold, and Benjamin Salzillo, “A wrong without a remedy,” Sept 2005, p 60
Perez, Robert Armand Sr., “ERISA preemption: denying employees’ rights to benefits,” May 1997, p 72
Spielberg, Joshua M., “Overcoming ERISA,” May 2000, p 54
Way, Linda A., “Protecting medical malpractice claims against ERISA preemption,” Mar 1997, p 34
Wayne, Peter H. IV, and Mark R. Taylor, "Beware the ERISA health plan lien," Dec 2007, p 48

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EMPLOYMENT LAW
See also After-Acquired Evidence, Age Discrimination, Age Discrimination in Employment Act, AIDS, Americans with Disabilities Act, Back Pay, Breastfeeding, Carpal Tunnel Syndrome, Case Selection, Child Farmworkers, Civil Rights, Class Actions, Contingent Workers, Disability, Electronic Discovery, Employee Retirement Income Security Act, English-only Rules, Equal Employment Opportunity Commission, Ergonomics, Expert Witnesses, Fair Labor Standards Act, Family and Medical Leave Act, Fear of AIDS, Federal Employers’ Liability Act, Front Pay, Future Lost Wages, Genetics, Immigrant Workers, Independent Contractors, Mandatory Arbitration, Meal-Break Compensation, Mediation, National Labor Relations Act, Occupational Safety and Health Administration, Pregnancy Discrimination, Punitive Damages, Race Discrimination, Religious Discrimination, Repetitive Strain Injuries, Retaliation, Sex Discrimination, Sexual Harassment, Social Security Disability Benefits Reform Act, Summary Judgment, Temporary Employees, Title VII, Uniformed Services Employment and Reemployment Rights Act, Wellness Benefit Programs, Whistleblowers, White-Finger Syndrome, Workers’ Compensation, Workplace Injury
Ahern, Ann-Marie, “Selecting the standout employment case,” Aug 2005, p 36
Ahmad, Joseph Y., “Cross-examination in employment cases,” Sept 2004, p 60
Bailey, Leslie A., "Preserving employment class actions," Aug 2007, p 26
Benien, Ruth M., “When to initiate settlement in employment cases,” June 1996, p 34
Bernabei, Lynne, and Andrew Schroeder, “Protect clients’ private health records,” Sept 2004, p 32
Brigham, Martin K., and Daniel Bencivenga, “How do you spell relief?” June 2002, p 18
Buchanan, Mark A., “Electronic evidence in everyday cases: Uncovering the employer’s e-data,” Oct 2005, p 38
Chemerinsky, Erwin, Supreme Court review: "The Court deals a blow to pay discrimination plaintiffs," Sept 2007, p 60; "Small docket, big decisions in Court's new term," Nov 2007, p 70; "Workers win in retaliation case," Jan 2007, p 58
Conlin, Roxanne Barton, and Gretchen Jensen, “What, me? Prejudiced? Absolutely not!” Dec 2000, p 20
East, Brian, "Deciphering disability," Aug 2007, p 18
Egan, Dennis E., “Finding diamonds in the rough,” Dec 2000, p 37
Egan, Dennis E., "Get down to brass tacks before you accept a case," Dec 2000, p 39
Flaherty, Jason Roy, and Patrick L. O’Daniel, “Tax relief for employment plaintiffs,” Aug 2005, p 30
"For section members, obtaining justice is all in a day's work," Aug 2007, p 28
Koonan, Karen Jo, and Bryan Edelman, “Who will decide your client’s case?” Aug 2005, p 18
Malalis, Carmelyn P., and Linda A. Neilan, "A crackdown on caregiver discrimination," Aug 2007, p 32
News & trends: “Arbitration agreement deemed ‘unconscionable’ in California,” Mar 2000, p 16
News & trends: “Chaplain’s employment discrimination suit will not be heard,” July 1999, p 116
News & trends: “Company doctor who shielded employee medical records can be fired, NY court rules,” May 2003, p 93
News & trends: “Cosmetics company loses face in discrimination claim,” Mar 2003, p 83
News & trends: “Court says taxes on awards in discrimination cases are recoverable as damages,” Jan 2003, p 74
News & trends: "Court strikes down DOJ policy on payment of workers' legal fees," Oct 2006, p 84
News & trends: “Discrimination provision expanded to cover former workers,” May 1997, p 88
News & trends: “Employees sue companies over 401(k) losses,” Jan 1997, p 78

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News & trends: “Employers may bar coworker relationships, appellate court says,” Mar 2004, p 87
News & trends: "Employers put teens at risk, study says," May 2007, p 90
News & trends: “Federal appeals courts consider office romance,” Dec 2001, p 72
News & trends: “Federal EEOC says workers deserve recourse, not mandatory arbitration,” Aug 1995, p 16
News & trends: “Federal legislation would secure workplace rights of domestic violence victims,” Oct 2001, p 81
News & trends: "Foley scandal spotlights sexual harassment of teens," Jan 2007, p 12
News & trends: “Front pay not subject to compensatory damages cap, Ninth Circuit rules,” Jan 2000, p 17
News & trends: “High Court lightens burden on employment discrimination plaintiffs,” May 2002, p 82
News & trends: “Illegal immigrants not entitled to back pay, says divided Supreme Court,” June 2002, p 78
News & trends: “Judge says Pizza Hut is responsible for employees’ racial harassment,” Mar 1999, p 98
News & trends: “Judges may apportion award to minimize effect of damages cap, Third Circuit rules,” Feb 2003, p 74
News & trends: “Mining company settles historic class action sex harassment suit,” Mar 1999, p 20
News & trends: “Private employers of off-duty police may be liable in Tennessee,” Apr 2001, p 92
News & trends: “Public employees harassed due to sexual orientation have equal protection claim,” Oct 1999, p 94
News & trends: “Refusal to fire ‘unattractive’ employee is protected activity, California court rules,” June 2003, p 91
News & trends: “Signal is fuzzy in telecommuter’s unemployment case,” Oct 2003, p 73
News & trends: “Supreme Court eases burden for employees fighting discrimination,” Sept 2003, p 80
News & trends: “Tapes could level playing field in employment cases,” July 2003, p 93
News & trends: “Tenth Circuit blocks attempt to narrow Rehabilitation Act in disability cases,” Nov 2002, p 88
News & trends: “Title VII may apply to city agency with fewer than 15 employees,” Feb 1998, p 89
News & trends: "Weight bias found in workplaces and courts, advocates say," July 2007, p 80
News & trends: “Worker ‘too old’ to receive benefits cannot claim discrimination,” Sept 2002, p 79
News & trends: “Workers in Texas can sue companies that are not their employers,” Sept 1999, p 16
Seymour, Richard T., “Pursuing punitive damages in job bias cases,” July 2002, p 64
Simon, Ellen S., “Maneuvering in the employment law maze,” Nov 2001, p 64
Stark, Sheldon J., “Trying discrimination cases to a jury,” Dec 1998, p 20

ENBREL
News & trends: “Immune-system injuries prompt suits over arthritis drugs,” Apr 2004, p 12

ENDANGERED SPECIES ACT
News & trends: “Supreme Court says economic impact provides status for environmental challenges,” June 1997, p 18

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ENDOWMENT
See Robert L. Habush ATLA Endowment

ENEMY COMBATANTS
See aalso Guantanamo Bay
Bradley, Craig M., Supreme Court review: “The rights of ‘enemy combatants,’” Apr 2004, p 72
Chemerinsky, Erwin, Supreme Court review: "Small docket, big decisions in Court's new term," Nov 2007, p 70

ENGLISH-ONLY RULES
News & trends: “Arizona high court rules English-only provision unconstitutional,” July 1998, p 106
News & trends: “EEOC battles English-only policies,” Dec 2000, p 88
News & trends: "'English-only' lawsuits on the rise," Feb 2006, p 76
News & trends: “High Court to decide if state can offer services in English only,” June 1996, p 17

ENGLISH WARNINGS
Bradley, Craig M., Supreme Court review: "Should American courts heed the 'English warnings'?" Dec 2007, p 62

ENRON
Loiacono, Kristin, Washington focus: “Enron and on and on . . . ,” Apr 2002, p 11
Sidener, Steven O., “Partners in crime,” Apr 2003, p 27
Simon, Bruce L., Reflections: “A commonsense approach to financial fraud cases,” Apr 2003, p 73

ENTIRE-CONTROVERSY DOCTRINE
News & trends: “New Jersey Supreme Court limits access to state courts, draws criticism,” Nov 1995, p 14

ENVIRONMENT
See also Air Pollution; Chemicals; Electromagnetic Radiation (EMR); Endangered Species Act; Environmental Justice; Federal Insecticide, Fungicide, and Rodenticide Act; Groundwater Pollution; Medical Monitoring; Methyl Tertiary Butyl Ether; Multiple Chemical Sensitivity; Pesticides; Pollution; Radiation; Toxic Mold; Toxic Torts; Underground Storage Tanks
Dripps, Donald A., Supreme Court review: “A shade of deference,” Feb 1996, p 70
News & trends: "EPA pesticide-testing rules don't protect the vulnerable, critics say," Apr 2006, p 81
News & trends: “GAO criticizes uneven progress by EPA on oil storage tanks,” Jan 1996, p 90
News & trends: “High Court decision protecting species may endanger law,” Sept 1995, p 104
News & trends: “Risk of chemical disasters ranked by environmental groups,” Oct 1995, p 102
News & trends: “State environmental audits offer immunity, privilege to polluters,” Dec 1996, p 70
Smoger, Gerson H., “New environmental laws muzzle critics,” Oct 1997, p 70

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ENVIRONMENTAL DISCRIMINATION
See Environmental Justice

ENVIRONMENTAL JUSTICE
Frost, Mark B., Gerald J. Williams, Samuel Merovitz, and David M. Cedar, “Protecting the right to clean living,” Feb 2005, p 30
News & trends: