Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic

Photo Credit: https://nypost.com/2020/08/09/does-someone-doing-my-job-while-im-furloughed-mean-i-am-laid-off/ (last visited November 19, 2020).

Written By: Michelle Fleenor
Member, American Journal of Trial Advocacy

          The word “furlough” and its heavy implications have proven a harsh reality for many employees during the 2020 year.  Particularly, the introduction of COVID-19 into the American workforce was expected to and has caused a significant downturn in business.[i] Due to the pandemic, companies across the country have responded with crisis management tactics, many of which have affected the normal day-to-day employment practices.[ii]  One of these tactics in particular is the “furlough.”[iii] Continue reading “Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic”

MITIGATING RISK IN LIGHT OF COVID-RELATED LITIGATION

Photo Credit: Link (last visited September 6, 2020).

Written By: Mitchell J. Surface
Online Editor, American Journal of Trial Advocacy

          The COVID-19 crisis has drastically impacted businesses around the world. More specifically, it has severely impacted the compliance officers of healthcare organizations at all levels. In addition, the disrupted economy and sudden change in the “standard of care” has also critically affected employees. Not surprising then, whistleblower (“qui tam) actions and employment related litigation is on the rise, with June recording a 43% explosion of workplace claims.[i] Continue reading “MITIGATING RISK IN LIGHT OF COVID-RELATED LITIGATION”

The Day the Music Died—Can Performing Arts Venues Use Eminent Domain to Save an Industry Shuttered by COVID-19?

Photo Credit: Link (last visited November 1, 2020).

Written By: Caroline Jane Smith
Executive Editor, American Journal of Trial Advocacy

I. Background and Current State of the Performing Arts during the COVID-19 Pandemic

          In April of 2020, live music venues, performing artists, employees of the arts industry, and other performance spaces across the United States joined together to form the National Independent Venue Association (NIVA).[i]  As the COVID-19 pandemic raged throughout the United States, performance spaces were among the first to close and due to social distancing restrictions, will likely be among the last to reopen.  Continue reading “The Day the Music Died—Can Performing Arts Venues Use Eminent Domain to Save an Industry Shuttered by COVID-19?”

A Divided House: When the Electoral College Ties

Photo Credit: The Visual and Data Journalism Team, US Election 2020 Polls: Who is Ahead – Trump or Biden?, BBC (Sept. 7, 2020) https://www.bbc.com/news/election-us-2020-53657174.  

Written By: Savannah Stewart
Articles Editor, American Journal of Trial Advocacy

          As Bear Bryant famously said, “A tie is like kissing your sister.”[1]  No one likes a tie, especially when it is for the Presidential election.  The U.S. Constitution and its Amendments lay out the procedure for the rare occurrence of an electoral college tie. Five hundred and thirty-eight electors compose today’s Electoral College. Continue reading “A Divided House: When the Electoral College Ties”

The Complexity of the Discovery Rule in Medical Device Cases & the Power of a Statute of Repose:

Photo credit: https://www.mattersoftrustlaw.com/2016/03/is-the-clock-ticking/ (last visited Sep. 23, 2020).

Written By: Alex Messmore
Senior Associate Editor, American Journal of Trial Advocacy

          Most people are familiar with the concept of a statute of limitations.  However, most people have not had experience with the statute of limitation’s scary big brother, the Statute of Repose. Continue reading “The Complexity of the Discovery Rule in Medical Device Cases & the Power of a Statute of Repose:”

Are Expert Witnesses The Backbone Of Toxic Torts?

Photo Credit: https://utahstatemagazine.usu.edu/culture/the-way-we-see-things/ (last visited: September 23, 2020).

Written By: Ryan Jones
Articles Editor, American Journal of Trial Advocacy

Recent federal court rulings in toxic tort litigations have “stressed the importance of the dose-response relationship and the need to carefully evaluate the level of exposure to pass the Daubert standard for expert witness admissibility under the Federal Rules of Evidence 702.”[1]  The dose-response methodology “studies the relationship between the quantity of a substance (dose) and its overall effect (response) on a person, and is the ‘hallmark of basic toxicology.’”[2]  Pursuant to the Daubert standard, “courts must assess whether the reasons or methodology underlying the expert testimony is scientifically valid and whether those reasons or methodologies can be properly applied to the facts at issue.” Continue reading “Are Expert Witnesses The Backbone Of Toxic Torts?”

A Decade of Silence from SCOTUS Amidst Increasing Gun Control Legislation and a Wave of 2A Sanctuary Cities

Photo Credit: Austin County News Online, https://images.app.goo.gl/xbBXrWYXztVxq2Lt8 (last visited September 21, 2020).

Written By: Heather Sutton
Member, American Journal of Trial Advocacy

          In the wake of sweeping gun control legislation, not all citizens taut the necessity of such laws and instead raise their flag demanding protection of their Second Amendment rights and purport the broad, sweeping unconstitutional nature of some gun control legislation.  Areas with some of the most restrictive gun control laws include: California, New York, New Jersey, Minnesota, Colorado, Maryland, D.C., Connecticut, and Massachusetts. Continue reading “A Decade of Silence from SCOTUS Amidst Increasing Gun Control Legislation and a Wave of 2A Sanctuary Cities”

From Zealous Advocating to Bar Sanctions: Ethical Considerations in Negotiations

Photo Credit: https://www.cimaglobal.com/Members/Insights/Six-strategies-to-negotiate-your-salary/ (last visited May 30, 2020).

Written By: Hannah Trucks
Senior Associate Editor, American Journal of Trial Advocacy

          Many people have a mental image of what they picture an attorney to be. Some picture Elle Woods’ cross-examining Chutney’s alibi of washing her hair directly after getting it permed with the infamous line “the first cardinal rule of perm maintenance that you are forbidden to wet your hair for at least 20 hours after getting a perm.”[1] Others picture Vinny Gambini successfully positioning Mona Lisa as an automotive expert, ultimately winning an acquittal for his clients.[2] While modern television and cinema oftentimes only show the trial aspect of an attorney’s role, an attorney does so much more than cross-examine, fight objections, or maneuver their way around the courtroom. Continue reading “From Zealous Advocating to Bar Sanctions: Ethical Considerations in Negotiations”

Ransomware’s Attack on the Healthcare Industry: Privacy & Security Issues

Photo Credit: https://www.csoonline.com/article/3261093/ransomware-healthcare-and-incident-response-lessons-from-the-allscripts-attack.html (last visited Aug. 15, 2020).

Written By: Mitchell J. Surface
Online Editor, American Journal of Trial Advocacy

          Ransomware is the “fastest growing malware threat.”[1]  In 2019, it generated $7.5 billion in attacks against businesses.[2]  Ransomware “refers to a type of malware [malicious software] used by attackers that first encrypts files and then attempts to extort money in return for the [decryption] key to unlock the files by demanding a ‘ransom.’” Continue reading “Ransomware’s Attack on the Healthcare Industry: Privacy & Security Issues”