Author: MITCHELL SURFACE

Creating Precedent in Sex Trafficking Litigation

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Photo Credit: https://simonlawpc.com/missouri-laws-work-to-combat-sex-trafficking-at-hotels-other-tourist-spots/ (last visited on Nov. 10, 2020).

Written By: Landon Whatley
Student Materials Editor, American Journal of Trial Advocacy

          Earlier this year, I wrote a blog post giving a brief overview about sex trafficking litigation against hotels and motels circulating the United States.[i]  Section 1595 of the Trafficking Victims Protection Reauthorization Act (“the Act”) provides a private right of action for sex trafficking victims against the traffickers and those who knowingly financially benefited or received any value from the trafficking.[ii]  At the time of my first post, the Judicial Panel on Multi-district Litigation recently denied transfer of twenty-one different actions in twelve different districts to a centralized location. Continue reading “Creating Precedent in Sex Trafficking Litigation” →

It is Legal for Businesses to Reject Cash?

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Photo Credit: Link (last visited Jan. 5, 2021).

Written By: Tayler G. Hansford
Member, American Journal of Trial Advocacy

          Whether businesses can legally reject cash has been in the news this year. In the early days of the COVID-19 pandemic, many businesses began rejecting cash payments in favor of credit card payments.  In large part, this was because of the minimal contact nature of credit payments along with a national coin shortage.[1]  By rejecting cash, these businesses caught the eye of many who believed doing so was illegal. Continue reading “It is Legal for Businesses to Reject Cash?” →

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

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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

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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?

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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

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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:

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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?

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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

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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” →