Practice Tip: Maximizing Jury Questionnaires to Your Client's Advantage
April 01, 2003
In the weeks before trial of a product liability case, you will presumably begin to focus more significantly on jury selection, perhaps the most important stage of any jury trial. One way to maximize the <i>voir dire</i> process is to use juror questionnaires — a series of written questions that are given to the prospective jury panel and answered in writing by each prospective juror prior to voir dire.
Online
April 01, 2003
Attorneys litigating suits involving everything from vaccines to the safety of the air on jetliners, or those who simply need scientific information about research and policies, can visit <i>www.national-academies.org</i>, the Web site for the National Academies of Science and Engineering, the Institute of Medicine and the National Research Council. Areas covered on the site include: biology, chemistry, engineering, environmental issues, behavioral and social science, education, health and medicine, and business and economics.
Daubert: 10 Years Later
April 01, 2003
<i>This is the second of a two-part article. Part one appeared in last month's issue.</i> The first part of this two-part article explored the development of the standards for admission of expert testimony under <i>Daubert</i>, and discussed strategies and tactics for dealing with them. The conclusion addresses tactics for use while deposing an expert, briefing a <i>Daubert</i> motion, and conducting a hearing on the motion.
Case Notes
April 01, 2003
Highlights of the latest intellectual property cases from around the country.
Mississippi Adopts 'Tort Reform'
April 01, 2003
Tort reform continues to be a controversial topic. California has placed a cap on damages. At press time, New York was considering similar legislation. Doctors in several states have conducted "strikes" to protest the amount of their malpractice premiums and to urge tort reform in their states. This article describes recent legislation in Mississippi — in order to alert readers to the trend and illustrate one state's efforts to deal with the problem of astronomic verdicts by sympathetic juries.
Working Well with Custody Experts
April 01, 2003
Undoubtedly, mental health experts can play a key role in determining custody issues in the context of a divorce — if they are chosen carefully and then well prepared by the matrimonial attorney. Last month, part one of this article discussed some of the problems that may arise between mental health experts and attorneys due to differences regarding ethics, money and time commitments, and offered some solutions. This article focuses on preparing the custody expert for trial.
Anticipating the Obligation to Pay College Expenses
April 01, 2003
In contemporary American society, a college education is increasingly being seen as necessary to maintaining a decent standard of living. While many parents assume some responsibility for contributing to their child's post-secondary educational expenses, the situation for divorced parents is more complex. This article discusses several points related to this issue.
Litigation
April 01, 2003
Recent rulings of importance to your practice.
Child Support Obligees Must Pay Post-petition Interest
April 01, 2003
The U.S. Court of Appeals for the Ninth Circuit has ruled that interest on non-dischargeable child support obligations is also not dischargeable, and continues to accrue after a Chapter 13 petition is filed. In so ruling, the court affirmed decisions by the Bankruptcy Court and the U.S. District Court for the Central District of California.
The Progressive Lawyer
April 01, 2003
There are several basic tools or road maps that can be applied to guide divorce lawyers in effectively organizing and presenting their cases. An immediately effective tool, so obvious but also often forgotten, is comprised of the factors that are contained within a given jurisdiction's statutes and rules. Regardless of jurisdiction and whether contained in rule or statute, there are always factors that are to be considered before any court can make its determinations. All too often, however, these factors are ignored or at least not presented in the most coherent manner possible. If we accept as an initial premise that the family courts, regardless of jurisdiction and vicinage, recognize that these standards and rules need to be considered, we should, as an important part of our testimonial or briefing process, lay out the standard and rule and apply the facts of our cases to the criteria in the most simplistic and straightforward manner.
