Month: September 2020

Are Expert Witnesses The Backbone Of Toxic Torts?

September 28, 2020

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

September 21, 2020

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

September 14, 2020

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

September 8, 2020

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”