“[S]tockholders in the close corporation owe one another substantially the same fiduciary duty in the operation of the enterprise that partners owe to one another. In our previous decisions we have defined the standard of duty owed by partners to one another as the ‘utmost good faith and loyalty...   MORE>>

I. INTRODUCTION

A law school professor of Trial Tactics was asked by the class to teach the skills necessary to take an effective deposition; the response was frightening. Essentially, she said, there was no skill involved in taking depositions. The lawyer should simply employ cocktail party conv...   MORE>>

I. INTRODUCTION

Plaintiffs who complain of aches and pains throughout their bodies despite any objective findings to account for those aches and pains often claim to be suffering from post-traumatic fibromyalgia. The medical bills and lost wages mount, plaintiffs advance complaints of life-alteri...   MORE>>

I. INTRODUCTION

As a general matter, whether expert witness testimony is admissible has been subject to challenge on a wide variety of issues throughout federal and state courts. The issues triggered by decisions such as Frye v. United States, Daubert v. Merrell Dow Pharmaceuticals, Inc., and Kum...   MORE>>

I. INTRODUCTION

In the landmark 1993 decision Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court replaced the Frye standard for admissibility of expert testimony and held that Federal Rule of Evidence 702 provides the standard for admitting scientific testimony in a federal t...   MORE>>

I. INTRODUCTION

Persuasion of a jury to your client’s point of view is the ultimate goal in any trial. The use of compelling, “knock-your-socks-off” exhibits can make your case on its own and persuade a jury far beyond any words you might use in closing argument. Visual presentations can be...   MORE>>

I. INTRODUCTION

The devil is in the details of commercial loss damages. Minimizing damages in a commercial loss case requires three core competencies, the last of which can be stated as a contingency:

(1) knowledge of the permissible measures of damages in the applicable jurisdiction;

(2) k...   MORE>>

I. INTRODUCTION

Neuropsychological injury claims are made by persons who assert that they have suffered neurological damage and psychiatric sequelae as a result of trauma to the brain, regardless of whether there was actual contact with the brain in the incident itself. This article was inspired ...   MORE>>

“The rule of reason is designed and used to eliminate anti-competitive transactions from the market. This standard principle applies to vertical price restraints. A party alleging injury from a vertical agreement setting minimum resale prices will have, as a general matter, the information and res...   MORE>>

ABSTRACT

This article discusses the use of claims handling experts in bad faith insurance claims and the admissibility of their testimony in legal malpractice cases. While a duty of good faith has been established in insurance case law, insurance claims experts are used in court to provide inform...   MORE>>