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Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff
In most medical negligence cases, the most difficult damages for an attorney to forecast are non-economic ones such as pain and suffering, and loss of enjoyment of life. This difficulty arises from the nature of the damages themselves ' pain, suffering and enjoyment are inherently subjective experiences.
The criteria that a jury will use to evaluate those damages do not make the attorney's assessment any easier. In Pennsylvania, for example, with respect to pain and suffering, juries are simply instructed that “the plaintiff is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience and distress ' ” and with respect to loss of enjoyment of life, juries are instructed that “ plaintiff is entitled to be fairly and adequately compensated for the loss of his/her ability to enjoy any of the pleasures of life.” Pa. SSJI Civ. 4th Ed. 7.130; 14.170.
In assessing non-economic damages available to a particular plaintiff, attorneys are reduced to relying on imprecise assessments of how the plaintiff's case will play out at trial: How compellingly will the plaintiff or family members testify about the injuries? How skilled will the plaintiff's attorney be in arousing jurors' sympathy? What is the historic behavior of previous juries in the jurisdiction?
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
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How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.