Getting Wired Is Part Of Research
Just a few years ago, attorneys and their staff did a lot of waiting - waiting for papers to be served, or rulings to come in the mail, and for librarians to research and find relevant case information. The time lag created questions and the questions resulted in more client inquiries and multiple trips to the courthouse. Then technology came to the practice of law, and, as most attorneys who are "in the know" now recognize, there are plenty of options beyond PACER in the world of online case research technology. To get off the waiting line, technology-conscious partners should make it a point to stay abreast of the latest trends in the world of online case and docket research.
Internet Fraud Complaints Soar in 2003
According to a report issued by the Internet Fraud Compliant Center, an organization led by the FBI and the National White Collar Crime Center, fraudulent activity on the Internet surged dramatically last year.
New Punitives Ruling Means New Battles
The Supreme Court's April 7 ruling on punitive damages, greeted with relief and enthusiasm by corporate defendants, opens new battlegrounds in litigation seeking those awards. The ruling significantly expanded the High Court's prior attempts to guide lower courts and lawyers on when punitive damages awards may run afoul of the Constitution. <i>State Farm Mutual Automobile Insurance Co. v. Campbell</i>, No. 01-1289.
Investigating Fraudulent Claims, Part 2 (This article is part of an ongoing series)
The first article in this series (<i>Insurance Coverage Law Bulletin</i> Volume 2, Number 1, February 2003) provided an overview of upcoming articles, and addressed the issue of fraud at the inception of an insurance claim. This second installment focuses on insurance carriers' analysis of fraudulent claims and the use of forensic experts to defend against claims. It also addresses the issue of fraudulent enhancement of otherwise valid claims.
Can the Innocent Survive Rescission? The Innocent-Insured Exception to the Wrongful-Acts Exclusion
Professional liability policies typically exclude coverage for claims arising out of an insured's knowing, wrongful acts, but, in recognition of the fact that a single policy may extend coverage to multiple insureds working together in association, insurance companies sell the policies with language reinstating coverage for innocent insureds, those of the insureds who had no knowledge of the allegedly wrongful acts of their colleagues. Recently, this innocent-insured coverage has received scrutiny.
Case Briefs
Highlights of the latest insurance cases from around the country.
Mass Tort Medicine Men
Mass tort litigation provides ample opportunity for filing spurious claims. Last November, a Philadelphia federal judge sharply criticized two small New York plaintiffs' firms for allegedly having submitted dubious claims to a fen-phen diet pill settlement trust. U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania found that 78 claimants did not, in fact, show evidence of heart valve damage, notwithstanding diagnoses to that effect by two physicians retained by the firms. One of those physicians had been paid $725,000 to interpret 725 echocardiograms, while the other was getting a contingent $1500 bonus for each diagnosed claim that was paid by the trust, the judge found.
Practice Tip: Maximizing Jury Questionnaires to Your Client's Advantage
In the weeks before trial of a product liability case, you will presumably begin to focus more significantly on jury selection, perhaps the most important stage of any jury trial. One way to maximize the <i>voir dire</i> process is to use juror questionnaires — a series of written questions that are given to the prospective jury panel and answered in writing by each prospective juror prior to voir dire.
