American Children Are Under Sexual Attack

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

Image source: here (last visited Feb. 17, 2021).

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”

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

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”

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

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”

Creating Precedent in Sex Trafficking Litigation

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”

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?”

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?”

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”

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”