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<b><i>Cases Built on Anger</i></b> Million-dollar medical malpractice verdicts have doubled since 1996. They now make up 8% of all malpractice claims actually paid. This, at the same time that verdicts for the defense remain the norm and the number of lawsuit filings has actually fallen somewhat. Why? The quick - and partially correct - answer is that the cost of health care has skyrocketed.
The purpose of this article is to provide attorneys and expert witnesses with the information and knowledge necessary to help a judge or jury understand valuation testimony.
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<b><i>Remember the father who challenged the Pledge of Allegiance? He's back.</i></b>
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Attorneys and courts struggle with ways to determine which parent would be the better primary caretaker. If only there were a test ... Because there is not such a determining factor, the legal system has come up with many tests - and people to evaluate them. Rather than simplify the decision, this process may have further complicated it. In addition to the questions of objectivity raised about the tests themselves, there are the questions raised about the individuals who evaluate them.
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As distinguished from cases of supervisory harassment, an employer may not be held liable for a sexually hostile environment created by a victim's co-worker unless the employer knew or should have known about the sexual harassment and failed to take appropriate corrective action. Accordingly, in assessing the potential for employer liability it is important to determine, in the first instance, whether the alleged harasser is properly classified as a supervisor or a co-worker for Title VII purposes.
General counsel are increasingly recognizing the need not only to manage the talent within their departments, but also to develop and enhance the group and its individual lawyers. <BR>In this, the second article in a three-part series on talent management, we focus more closely on what innovative initiatives law departments are using to capitalize on existing capabilities and what steps some of them have taken to continually add to the effectiveness of team performance.
In the years since <i>Farragher</i> and <i>Ellerth</i>, numerous courts have been asked to decide whether or not constructive discharge (<i>ie</i>, the employee felt forced to resign because conditions were unbearable) is a tangible job action negating the employer's ability to raise the affirmative defense. The decided cases have had differing outcomes.
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One of the many challenges faced by corporate counsel when conducting or overseeing an internal workplace investigation is how not to compromise critical attorney-client privilege during the process.