Author: MITCHELL SURFACE

Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?

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Photo Credit:  https://www.shrm.org/hr-today/news/hr-magazine/pages/0614-tuition-assistance.aspx (last visited April 1, 2021).

Written By: Cecile G. Nicolson
Editor-in-Chief, American Journal of Trial Advocacy

          January of 2020 started with hopeful visions for the beginning of a new decade.  College and graduate students across the country returned to campuses for a new semester, thinking little of the novel coronavirus.  However, as the virus rapidly spread, schools began creating plans for online learning.  Continue reading “Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?” →

Playing Games with the Sherman Act: Epic Games v. Apple

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Photo Credit: https://gammalaw.com/ruling-maintains-epic-v-apple-status-quo-for-trial/ (last visited March 31, 2021).

Written By: Hunter A. Milliman
Member, American Journal of Trial Advocacy

          During the COVID-19 pandemic, amidst working from home and adjusting to prolonged periods of minimal human interaction, many people have found their need for social interaction can be satisfied through video games.  The video games industry is booming during the pandemic,[1] and that’s certainly the case for Epic Games’ smash hit—the online multiplayer game Fortnite.[2]  Among this industry success, however, Epic Games took a hit when Apple removed Fortnite from the App Store in August of 2020.[3] Continue reading “Playing Games with the Sherman Act: Epic Games v. Apple” →

Ending the War on Drugs: Decriminalizing Drug Possession

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Photo Credit: https://www.theverge.com/2014/5/28/5757126/nypd-will-begin-carrying-narcan-kits-to-reverse-heroin-overdoses (last visited March 16, 2021).

Written By: McKenzie Meade
Member, American Journal of Trial Advocacy

Did Oregon take the first real step in ending the war on drugs?

            Almost fifty years later, America’s war on drugs continues. President Richard Nixon first coined this phrase in June 1971, when he declared drug abuse as “public enemy number one.”[i] Subsequent to this declaration, the number of people incarcerated for drug offenses drastically escalated in America, especially if you were a person of color.[ii] That was because President Nixon attempted to combat this war by “utilizing policies of prohibition” and invoking mandatory sentencing requirements.[iii] However, none of this worked. President Nixon’s strategy seemed to only further drug abuse, violence, and death.[iv] Continue reading “Ending the War on Drugs: Decriminalizing Drug Possession” →

American Children Are Under Sexual Attack

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Photo Credit: https://cesie.org/en/project/stop/ (last visited Feb. 25, 2021).

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

          Considering the recently exposed Epstein fiasco, exempt registration status laws in California for sex with minors (subject to limitations), and the large-scale dissemination of the “social commentary” Cuties’ by Netflix, a discerning and concerned citizen can reach no conclusion other than—American Children are under Sexual Attack. Continue reading “American Children Are Under Sexual Attack” →

The Learned-Intermediary Doctrine—Pharmacy Protections and Responsibilities

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Written By: Paul Sparkman
Senior Associate Editor, American Journal of Trial Advocacy

          A manufacturer of a dangerous product generally must warn the consumer of potential injury resulting from the use of its product. However, in many cases drug manufacturers avoid liability for failing to warn of dangers because the learned-intermediary doctrine has shifted the duty to inform the consumer elsewhere.[i] The doctrine holds that liability for failure to warn about side-effects and other inherent dangers of prescription drugs and other treatments should not be attributed to the drug manufacturers. Continue reading “The Learned-Intermediary Doctrine—Pharmacy Protections and Responsibilities” →

More Than Skin Deep: New York’s More Stringent Regulations in Cosmetic Safety

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Image source: https://cdn10.phillymag.com/wp-content/uploads/2016/03/harmful-ingredients-skincare.jpg (last visited Feb. 16, 2021).

Written By: Brettlyn Miller
Research and Writing Editor, American Journal of Trial Advocacy

          Recently, the New York legislature voted to amend New York’s environmental conservation act in order to provide more stringent regulations on cosmetic and personal care products containing the ingredient 1,4-dioxane. Continue reading “More Than Skin Deep: New York’s More Stringent Regulations in Cosmetic Safety” →

Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant

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Photo Credit: https://www.abajournal.com/news/article/supreme-court-to-consider-constitutionality-of-home-search-during-gun-owners-hospital-visit (last visited Feb. 15, 2021).

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

          On November 23, 2020, the U.S. Supreme Court granted certiorari to rule on: whether law enforcement’s search of a gun owner’s home while the individual was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.[i]   Continue reading “Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant” →

You Don’t Have to Go Home, But You Can’t Stay Here: The JPML’s Recent Decisions Regarding Consolidation of Cases against Insurance Carriers for Business Interruption Coverage

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Written By: David Newman
Editor in Chief, American Journal of Trial Advocacy

          Beginning in March 2020, many small businesses across the country struggled to stay afloat after state and local governments began implementing lockdowns and restrictions on businesses in response to the COVID-19 pandemic.[1]  These lockdowns and restrictions caused more than 1.4 million small businesses to shut-down or temporarily close in the 2nd quarter of 2020.[2] For the businesses that did survive, many experienced significant cash losses from the involuntary shut-downs.  As a result, many businesses began filing claims for business interruption coverage under their property or casualty insurance policies. Continue reading “You Don’t Have to Go Home, But You Can’t Stay Here: The JPML’s Recent Decisions Regarding Consolidation of Cases against Insurance Carriers for Business Interruption Coverage” →

Toxic Tributaries: The Result of Hamstrung Regulation, Lack of Enforcement, and Hasty Permitting of Industrial Discharge Permits

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Photo Credit: https://www.activistpost.com/2013/04/7-tap-water-toxins.html (last visited January 29, 2021).

Written By: Dylan Martin
Member, American Journal of Trial Advocacy

          Pollution, climate change, and environmental regulations have been at the forefront of political and legal debate for years and had reemerged once again throughout the 2020 Presidential campaign. Naturally, depending on the swing of the political pendulum of power in the White House every 4 to 8 years, immense changes and rollbacks of environmental protections come and go with the change in the political tide. According to a recent New York Times analysis, since the beginning of President Trump’s administration in 2016, there have been “100 environmental protections that have been reversed or in the process of being rolled back.”[i] To be fair, even with significant rollbacks of protections there will always be the occasional violation or underenforcement of an environmental regulation. Continue reading “Toxic Tributaries: The Result of Hamstrung Regulation, Lack of Enforcement, and Hasty Permitting of Industrial Discharge Permits” →

Changes to DACA Filing Recommendations in Light of: Department of Homeland Security v. Regents of University of California Supreme Court

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Photo Credit: https://www.carnegie.org/topics/topic-articles/immigration/supreme-court-rules-continue-daca/ (Last Visited November 12, 2020).

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

          On June 18, 2020, the Supreme Court issued its ruling on Department of Homeland Security v. Regents of University of California, a case concerning the potential termination of the Deferred Action for Childhood Arrivals (“DACA”) program.[i]  The Court in a 5-4 opinion,  ultimately rejected the termination of the DACA program on administrative grounds. Continue reading “Changes to DACA Filing Recommendations in Light of: Department of Homeland Security v. Regents of University of California Supreme Court” →