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”

Mile High Crime: Selecting Venue for Crimes Committed on an Aircraft

Photo Credit: https://www.npr.org/2018/08/20/640103324/man-who-sexually-assaulted-airline-passenger-convicted-could-face-life-in-prison (last visited Aug. 16, 2020).

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

What happens when a crime is committed on an airplane mid-flight?

          In 2017, airlines carried 4.1 billion passengers on flights around the world.[1]  With 4.1 billion people, there is bound to be some “turbulence” on board.[2]  With that being said, where exactly do charges need to be brought when crime occurs mid-flight? Continue reading “Mile High Crime: Selecting Venue for Crimes Committed on an Aircraft”

The Controversial Public Charge Rule Seems Here to Stay

Photo Credit: https://usa-esta.net/en/what-is-the-green-card/ (last visited Aug. 15, 2020).

Written By: Grey Robinson
Member, American Journal of Trial Advocacy

           Since the inception of Immigration legislation and law within the United States the concept of “public charge” as a factor in immigration evaluations has been a shifting standard.  While the term would take on many different definitions throughout the years, a “public charge” generally referred to any person who would be treated as a ward or need the care of the United States Government.[1]   Continue reading “The Controversial Public Charge Rule Seems Here to Stay”

Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus

Photo Credit: http://www.currency-news.com/issues/march-2020/ (last visited June 29, 2020).

Written By: Rachel Leigh
Member, American Journal of Trial Advocacy

          The Coronavirus Disease 2019 (“COVID-19”) has taken a remarkable toll on the lives of individuals across the world.  The worldwide death toll has reached over roughly 766,080 individuals, and in the United States over 169,481 individuals have lost their lives due to the virus.[1]   Continue reading “Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus”