Hedonic Damages
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.
The CPSIA : One (Difficult) Year Later
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.
Practice Tip: The Medicare Second Payer Statute
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.
A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Can Your Retirement Plan Survive an ADEA Claim?
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.
Effective Retention of Your Best Talent
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
COBRA Subsidy Extended; Further Extensions Likely
In the midst of the ongoing health care reform debate, Congress was able to unanimously agree on retroactively extending the Federal 65% COBRA health care premium subsidy for workers involuntarily separated.
When It's Better to Be in Bed with the IRS
Individuals who live above their means generally pay off their marital debt with a portion of the proceeds from the sale of the marital home. But what happens when the client and his or her spouse have been living above their means by failing to file their federal and state income taxes?
