Practice Tip: Prepare for Cross and Direct Early and Often
December 01, 2003
The few months before trial of a complex products liability case is without a doubt the busiest time in the life cycle of the case. Typically this time is spent working with witnesses, drafting trial briefs and trial motions, preparing opening statements, jury questions, and demonstrative exhibits, and drafting direct and cross examinations of the witnesses you anticipate will testify. The latter of these critical pretrial preparations can take a substantial amount of time, especially when preparing cross or direct examination for expert witnesses where the science in support of — or in contravention of — the opinions expressed is complex. Although it's not wise to begin to prepare cross or direct in the frenzied days or weeks before trial, it is often difficult to focus on trial examination of a specific witness earlier in the litigation.
Sentencing Convicted Corporations
December 01, 2003
The Ad Hoc Advisory Group to the United States Sentencing Commission on the Organizational Sentencing Guidelines (OSG) has recommended significant changes, particularly in the seven criteria for an effective compliance program to prevent and detect violations of law that, if implemented by an organization, may qualify it for a reduced fine in the event of a conviction.
Bugs in the Office
December 01, 2003
Consider the following situation: An employee anticipates that his employment is about to be terminated, for what he believes to be discriminatory or otherwise unlawful reasons. After consulting with an attorney, he decides to tape-record conversations with his supervisors, in the hopes of recording a "smoking gun" comment. A short time later, the employee is terminated, and he later commences litigation in federal court against his employer.
Preparing a Parent for Trial
December 01, 2003
All family lawyers know that a custody trial is about what is best for the children. Parents may think they understand this, but often do not "own" the concept because they are so obsessed with their own problems. The hurt and anger over what has happened clouds their thinking. Facing the possibility of part-time parenting or substantially reduced parenting time, they have difficulty focusing on what is best for the children. This is not to imply that the parents do not care about their children's needs, but getting them to express their concerns for their children instead of using court time to vent, tattle, bicker and complain, is often a formidable task.
Bugs in the Office
November 30, 2003
Consider the following situation: an employee anticipates that his employment is about to be terminated, for what he believes to be discriminatory or otherwise unlawful reasons. After consulting with an attorney, he decides to tape-record conversations with his supervisors, in the hopes of recording a "smoking gun" comment. A short time later, the employee is terminated, and he later commences litigation in federal court against his employer. In that lawsuit, is the employer entitled to obtain copies of the tape recordings through discovery, or are the recordings protected as work product because they were made in anticipation of litigation? If the recordings are discoverable, is the employee nonetheless entitled to withhold producing them until after his supervisor has been deposed?
FDA Web Site Provides Treasure Trove of Information
November 21, 2003
If you are seeking information about adequate warning labels, go to the Food and Drug Administration's (FDA) Web site (<i>www.fda.gov</i>) and type in "adequate warning labels." Information will appear in milliseconds, covering everything from correspondence with manufacturers to FDA Public Health Advisories and sections from the Federal Register.
Addressing the Conflict: FDA vs. Torts
November 10, 2003
Our legal system supports two regulators of the safety of prescription drugs ' the U.S. Food and Drug Administration and courts applying the tort liability regime. The FDA's mission, while narrowly circumscribed in its early years, grew dramatically over the last half of the twentieth century. Today, the FDA administers the most comprehensive drug regulatory system in the world.
The Off-Label Divide
November 10, 2003
Is it ever appropriate for a drug manufacturer to disseminate information about an off-label use of a drug? If so, when is it inappropriate? Is the dissemination of such information commercial speech protected by the First Amendment that cannot be proscribed by the FDA? Can manufacturers be held accountable for this speech by the FDA or in a products liability action?
