Practice Tip: How to Send Learned Treatises to the Jury Room
April 28, 2005
In product liability, toxic tort, and even medical malpractice litigation, the science in the relevant field is often a crucial battleground, and expert witnesses will do battle over treatises, journal articles, and the like. As every law student knows, scientific publications are inadmissible hearsay. Under the learned treatise rule, an expert witness may testify about scientific publications that have been qualified as learned treatises, but they do not come into evidence and so may not be published to the jury.
Case Notes
April 28, 2005
Highlights of the latest product liability cases from around the country.
Online: Valuable Information for Lawyers As Well As Pharmacists
April 28, 2005
The Web site <i>www.pharmacist.com</i> is the single-source site for the continuous professional development needs of pharmacists, pharmacy students, and pharmacy technicians. The site is a joint project of the American Pharmacists Association and the National Association of Boards of Pharmacy.
Business Valuation Standards
April 28, 2005
Why should a matrimonial attorney pay attention to business valuation standards? Quite simply, because your knowledge can yield big judgment dividends by supporting your valuation expert or by impeaching the credibility of the opposing expert.
Domestic Violence Debated in Supreme Court
April 28, 2005
The U.S. Supreme Court is facing the serious nationwide problem of domestic violence and the continuing difficulty of enforcement of one of the most important weapons against that violence -- protection orders. On March 21, the Court considered whether a civil rights remedy is available to domestic violence victims whose pleas to enforce protection orders go unheeded by local police departments. <i>Town of Castle Rock, Colorado v. Gonzales</i>, No. 04-728.
'How Should I File My Taxes?'
April 28, 2005
The timing of a divorce decree can make a big difference in the parties' federal income tax liability because their filing options are determined by their marital status at the end of the tax year. Under federal tax law, taxpayers who were married for 364.5 days but had their divorce decree entered on the afternoon of Dec. 31 are deemed to be single for that tax year. Parties whose divorce decree is entered on the first business day of the new year are married for purposes of filing the previous year's tax returns. Similarly, parties who are divorced or otherwise single during the year who remarry on Dec. 31 are married for purposes of filing their tax returns for that year. Parties who are still married and not judicially separated are married for purposes of filing their tax returns no matter how long they have been separated. IRC '' 6012-6013. It is important to give consideration to the client's filing options because filing status can produce considerable variation in the tax bill on the same income.
Litigation
April 28, 2005
Recent rulings of importance to you and your practice.
The Non-Biological Parent
April 28, 2005
A recent case from the appellate court in Washington demonstrates the lack of protection offered by the Uniform Parentage Act (UPA) to children raised by same-sex couples and to the non-biological parent. The court in <i>In re the Parentage of L.B.</i>, 121 Wn. App. 460, 89 P.3d 271 (2004), cert. granted, 152 Wn.2d 1013, 101 P.3d 107 (2004), filled in the gap left by the legislature in recognizing the relationship between the non-biological parent/primary caregiver and the child by creating a common law cause of action for the psychological parent.
Spammers Should Know Their Source
April 28, 2005
Spam is a cost-effective and lawful marketing tool. Just consider: A spammer can send an e-mail advertisement to 1 million people for only $100. <br>So, fortunately for many spammers, the CAN-SPAM Act of 2003 allows the use of unsolicited commercial e-mail. But to avoid legal difficulties, those who use spam should consider doing more than simply the basics ' more active business planning, and legal defensiveness, than just hurtling spam into the ether. In particular, it's a good idea for anyone sending bulk commercial e-mail to establish an appropriate chain of title for target list databases acquired.
Developments of Note
April 28, 2005
Recent developments in e-commerce law and in the e-commerce industry.
