2004 Brings Changes In Trial Trends
At some point nearly all law firms consider using trial consulting services, some to test out in-court techniques before a mock jury, others to meet the challenges of representing high-profile litigants in well-publicized cases, and still others to meet the burdensome technology demands that today's litigation can present. <br>There are several types of cases that lend themselves to use of trial consulting services, especially litigation involving class action, construction defect, patent and breach of contract. It is important to note that each trial is different, with its own dynamic and subject to changes based on rulings as the case proceeds.
Starting From Scratch
The number of new law firms formed by partners that have split off from existing firms is on the rise. As such, these partners, who may never have been involved in technology decisions at their previous firms, have to start from scratch in order to implement the computer systems, e-mail systems, financial and practice management software needed to conduct business.
What Are New York's 'Hot Topics'?
In June, Chief Judge Judith S. Kaye appointed a Matrimonial Commission charged with reviewing the state of divorce law in New York and recommending reforms. The group, chaired by Appellate Division Associate Justice Sondra Miller of the Second Department, is made up of 32 members appointed in April. The Committee is holding several public forums at which groups and individuals involved in matrimonial matters can air their views on how best to improve New York's system in order to reduce the emotional and financial hardships of divorce. In this special issue, we give you an overview of some of the issues that have been raised before the Commission in the two listening sessions held thus far in New York City and Albany.
A Call for Uniformity in Law Guardian Practice
The current climate of earnest review of practices in the matrimonial field makes a revamping of the state's law guardian practice exquisitely timely. Some swear by the use of law guardians, while others may swear at it. The disparity in views can be attributed to the disparity in practices, from department to department, county to county, court to court, and case to case. There is disparity in the training of law guardians, and most unjustly, a disparity based on the parties' finances and ability to pay. To put it simply, any inconsistency in how 9-year-old Michael Byrne's lawyer in Buffalo works from how Mikhl Bernstein's lawyer in Brooklyn operates is an inconsistency waiting to be rectified, and some proposals therefore are offered herein.
A New Era for New York
The topic of no fault divorce is one which many of my colleagues and I believe goes to the very heart of matrimonial litigation in the State of New York. The vast majority of us feel that it is time to commence a new era of divorce litigation in our state that will reflect the realities of modern life and current thinking in our society as a whole.
Same-Sex Marriage
New York State Senator Thomas K. Duane, who represents the 29th District (which includes portions of Manhattan), and is the state's only openly gay Senator, spoke to the State's Matrimonial Commission Oct. 14 on the issues of gay marriage and the custody issues same-sex partners face under present law. Senator Duane has been active in pushing for reforms to aid same-sex partners in gaining full legal status for their relationships. He authored the first bill in the New York State Legislature that would legalize same-sex civil unions and held a public forum on the issue in the Legislature on March 3 of this year.
The Terminix Case: Causation in Mass Tort Litigation
On Aug. 27, 2004, the Fifth Circuit Court of Davidson County in Nashville, TN entered final judgment for Terminix International in a nine-plaintiff toxic-tort personal injury lawsuit. <i>Ballentine v. Terminix Int'l Co.,</i> No. 98C-836 (Aug. 27, 2004 Order). The case demonstrates the use of a challenge to the admissibility of plaintiffs' causation evidence to dismantle a multi-plaintiff or mini-mass tort claim from a single toxic exposure, and it illustrates the importance to both sides of getting the scientific evidence right from the outset. The approach to a mini-mass tort involving injuries from a single exposure need be no different from that used in a single plaintiff's claim.
Statistical Determination of Mass Tort Damages: Coming Soon to a Court Near You?
Traditionally, courts have been reluctant to consider the use of statistical tools such as sampling to determine damages in class action litigation and other cases involving large groups of plaintiffs. Arguments against the practice include the fact that it seemingly flies in the face of the Seventh Amendment, and that damages, by their very nature, are peculiar and specific to each individual plaintiff.
An Increase in Mass Tort and Environmental Claims Activity is on the Horizon: Prepare Now To Advise Clients About the Right Insurance
Environmental insurance has become a core element of corporate risk management programs, which are presently being utilized in commercial real estate transactions, sales of businesses, and to resolve mass tort and product liability litigation. Attorneys should consult with knowledgeable environmental insurance brokers to understand clients' environmental liability exposures. An environmental liability exposure can be related to a product, toxic tort, or cleanup of a hazardous waste site. In situations where there is a known potential environmental exposure, environmental markets assess the costs associated with the known environmental liability and provide insurance above those projected costs. This insurance is called "cost overrun insurance." Environmental policies also insure against the risk of unknown environmental exposures. There are several ways to insure against this liability. For example, environmental policies can include combined coverage for general liability, products, and pollution. In addition, combined finite funding and risk transfer programs have been developed as a risk management strategy to address asbestos, silica, manganese, products liability, toxic tort and other general liability risks.
Around the Firms
After 3 months of talks, Boston-based Ropes & Gray and New York intellectual property firm Fish & Neave have decided to join forces.
