Civil Litigation - Page 114
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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(This article is reprinted from Verdict, 2nd Quarter, 1994, Pages 37-38) Using a "professional neutral" to help. -
Few areas of law depend to a greater degree on expert testimony and evidence than litigation involving environmenta. -
Physicians in Colorado may be liable for emotional distress damages if they fall below the legal standard of care in failing to aggressively pursue and definitively diagnose symptoms of cancer or other life-threatening diseases in a timely and responsible manner. So long as an increased risk of harm develops from the unchecked growth of cancer [even though the risk is unlikely to materialize], medical malpractice plaintiffs in Colorado have a cause of action for emotional distress resulting from a delayed diagnosis. -
The Delaware Supreme Court has reinstated an action, dismissed by the trial court based on the statute of limitations, brought by Wal-Mart Stores, Inc. against life insurance companies and brokers in connection with Wal-Mart's purchase of, and the subsequent commercial failure of, Corporate Owned Life Insurance ("COLI") policies. -
The sending of a "preservation" letter is rapidly becoming the norm in litigation today. The typical preservation letter demands that your client sequester its entire computer network and each employee's PC at Fort Knox, pending the final resolution of either anticipated or currently pending litigation. Such tactics are clearly designed to raise the cost of litigation while at the same time positioning your opponent to seek a spoliation instruction as well as any other sanction that the presiding court may order against either the client or the attorney in charge. -
Can an employer refuse to hire an applicant because his/her performance on the job would endanger his own health (or others) due to a disability? In a major ADA case, the U.S. Supreme Court says, "yes." -
Employers raise employee misconduct as often as any defense to OSHA citations. If proven to exist by the employer, this defense eliminates the citation and penalty related to employee misconduct. -
OSHA will focus on ergonomics, willful-accident investigations, lockout-tagout, fall protection, chemicals and targeted inspections as we start the new millennium. With one of three Review Commission (OSHA court) members resigning and a second member on a one-year recess appointment term, President Bush is expected to select a new majority on the Commission. Issues of interpretation continue to occupy more case-law rulings. Recent cases reflect these trends. -
The Ninth Circuit Court of Appeals has modified its March 30, 1999 decision in Binder v. Gillespie, which held, amo. -
Another newsworthy decision from the United States Supreme Court's 1999 term, although set in the school context, .