Can You Get an Impartial Jury in the Age of Tort Reform?
In recent years, during <i>voir dire</i>, plaintiffs in medical malpractice cases have sought to ask jurors about their attitudes regarding "tort reform" and the so-called "medical malpractice crisis." These efforts have increased as those issues have moved to the political front burner, receiving considerable media coverage. Only a few courts have considered the validity of such questions, but of those that have, plaintiffs generally have been permitted to inquire as to a potential juror's views on those issues, though some courts have limited the line of questioning.
Statistics and 'Substantial Certainty'
An interesting case in New Jersey might provide an answer to a significant question on employers' liability under workers' compensation statutes and, by association, manufacturers' liability under defective-design theories. The issue: How does a plaintiff prove "substantial certainty" of injury in order to proceed under common law standards against the employer, as opposed to recovering under workers' compensation?
Horn v. Thoratec: FDA's Bold New Position on the Pre-emptive Effect of Product Approvals
By and large, the FDA has confined its participation to cases where it had specifically considered — and rejected — the plaintiffs' claims that a product's labeling or advertising should have included different language from that which was used. <i>See</i> Daniel E. Troy, <i>FDA Involvement in Product Liability Lawsuits,</i> Update: Food & Drug. L., Reg. & Educ. (Food & Drug Law Inst., Wash., D.C.), Jan./Feb. 2003, at 1. In 2004, however, the FDA submitted a brief in a state products liability action that signals the agency's willingness to be much more aggressive in protecting its jurisdiction from lay judge and jury determinations concerning a product's risk-benefit balance that conflict with the FDA's own determination of where that balance lies. <i>See Br. of Amicus Curiae U.S. Dep't of Justice, Horn v. Thoratec Corp.</i>, 376 F.3d 163 (3d Cir. 2004) (No. 02-4597) ("FDA Br.").
Reductions in Punitive Damages Awards: Practice Tips
Our previous article in the March issue reviewed punitive damages awards since the U.S. Supreme Court's decision in <i>State Farm Mutual Automobile Insurance Co. v. Campbell,</i> 538 U.S. 408 (2003). This month we will look at the way the Court's directives impact pretrial activities, evidentiary issues, and jury instructions in our cases.
Practice Tip: How to Send Learned Treatises to the Jury Room
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
Highlights of the latest product liability cases from around the country.
Online: Valuable Information for Lawyers As Well As Pharmacists
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
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
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?'
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.
