Facing the 'Expert'
<b><i>How to Take the Opposing Medical Expert Witness' Deposition: A Step-by-Step Guide</i></b>
Features
Why Juries Turn Against Doctors
<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.
Helping Judge and Jury Understand Valuation Testimony
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.
Features
Custody and the Pledge of Allegiance
<b><i>Remember the father who challenged the Pledge of Allegiance? He's back.</i></b>
Features
Children As Pawns: Who Determines Custody?
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.
Features
Do You Know Who Your 'Supervisors' Are?
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.
New Effort on Talent Management
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.
Do Your Discrimination Policies Go Far Enough?
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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