LJN Newsletters

Though empirical data are not available, many who work in the family law field have come to a disturbing conclusion: Mental health professionals (MHPs) are engaging in activities, the objective of which is to assist litigants in presenting themselves to evaluators in deceptive ways.

Matrimonial practitioners need to have some understanding of common long-standing trust techniques and some of the new ones in order to advise clients through a divorce involving such trusts.

Despite repeated stakes through the heart of hedonic damages testimony ' studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony ' the economic hedonists are still with us.

Part One of this article described the background of the CPSIA and some of the developments since its passage. The conclusion herein addresses recent activity relating to products such as electronics, bicycles, and ATVs, the challenges imposed by implementation, and the future of the CPSIA.

On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.

Courts of appeal historically affirm more than 85% of all trial court Daubert decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.

The Supreme Court has held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.

New challenges spring from the excess, for the time being, of supply over demand for legal services. Smart firms are using this as an opportunity to reshape their model and to attract and retain lawyers