Jury Research Institute has a fine article about the all-important task of witness preparation. The article breaks down the preparation process into three stages: Stage 1 involves orienting the witness to the courtroom and the roles of the people who the witness can expect to see in the courtroom. Stage…
The Federal Rules of Evidence have been "restyled" effective December 1, 2011. The objective was to make the rules simpler to understand and use without substantively changing the meaning. The Federal Evidence Review has a free PDF that not only contains the new rules but also links to legislative history,…
Two lawyers in Connecticut recently made news when they elected not to put on proof of economic losses in a trial of a personal injury case, instead focusing on non-economic damages. The result? A verdict for $10 million in non-economic damages. The case arose when representatives of Segway failed to…
U.S. Transportation Secretary Ray LaHood has announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action…
This article by an emergency room physician in Texas providers a good summary for the evaluation of chest pain in the emergency room. The article explains that "The decision to discharge a patient who presents with chest pain as the primary complaint should be made only after careful consideration…
A law student at the University of Texas, Michael T. Raupp, has written a note in the Texas Law Review (Issue 90, Volume 1) titled "The Multiplication of Indivisible Injury." The work is critical of the handling of the subject by the Restatement (Third) of Torts, which prompted a…
The Supreme Court of South Carolina has ruled that a father playing catcher in a softball game who was injured during a collision at home plate did not have a claim against the baserunner. In Cole v. Boy Scouts of America, Opinion No. 27072 (S.C. S. Ct. 12/5/11), South Carolina’s…
Alexandra Rudolph has written an informative article titled "Trial Techniques: What Lawyers Should (and Should Not) Worry About in the Courtroom." Ms. Rudolph, the owner of a Chicago jury research firm, believes that "attorneys spend too much time worrying about things they can’t control, such as opinions expressed during jury selection,…
This article from www.claimsjournal.com reveals data from the Physician Insurer’s Association of America on the monies spent on defense costs in medical malpractice cases. The PIAA reviewed closed claim data for 2009 and found that the average defense costs for medical malpractice lawsuits was $69,244 for cases that settled and…
The Kentucky Court of Appeals has ordered in a trial in a products liability case against Nissan for failure to equip at 2002 vehicle to have a rear camera or back-up sensors. Sandra and Curtis Messerly alleged that the failure of their 2002 Xterra to have either device caused…