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Full-Text Articles in Law
Summary Of Damages, Donna L. Pavlick
Summary Of Damages, Donna L. Pavlick
Journal of Dispute Resolution
The following timeline is based on the story of the Sabias as told in BARRY WERTH, DAMAGES: ONE FAMILY'S LEGAL STRUGGLES IN THE WORLD OF MEDICINE (1998).
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Journal of Dispute Resolution
One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work
Damages: Expert Witnesses, Stephen D. Easton
Damages: Expert Witnesses, Stephen D. Easton
Journal of Dispute Resolution
In the language of the Federal Rules of Evidence, an expert is one who possesses "scientific, technical, or other specialized knowledge [that] will assist the trier of fact to understand the evidence or to determine a fact in issue."' When the jury is sorting through evidence and conflicting party claims on disputed issues, such persons are potentially useful sources of information. At the same time, attorneys' widespread use of expert witnesses has troublesome aspects. To the chagrin of some, expert witnesses have come to dominate civil trials, particularly those involving technical issues where large amounts of money are at risk. …
Understanding Settlement In Damages (And Beyond), Chris Guthrie
Understanding Settlement In Damages (And Beyond), Chris Guthrie
Journal of Dispute Resolution
The purpose of this article is to introduce these academic accounts of settlement and to consider whether they provide insight into the settlement of the Sabias' litigation against Humes and Norwalk. I believe these accounts are largely complementary rather than competing, so my own view is that each sheds some light on litigation and settlement behavior in most civil cases (including the Sabia case).
Damages As Narrative, Melody Richardson Daily
Damages As Narrative, Melody Richardson Daily
Journal of Dispute Resolution
Let's begin with a thought experiment. Imagine that the year is 2030 and you are a successful attorney. One day you receive a call from a legal scholar who tells you that she is writing a book about legal education at the beginning of the twenty-first century, and she invites you to contribute a chapter. She explains that your chapter should be twenty to thirty pages long, but that the content is entirely up to you. Because you enjoy writing, you agree to write the chapter.
Damages: The Litigation Environment, Stephen D. Easton
Damages: The Litigation Environment, Stephen D. Easton
Journal of Dispute Resolution
Damages' is, at least in part, the story of a lawsuit. In some ways, it is a fairly typical lawsuit. In other ways, it is rather unusual, due to the significant damages potential of the suit. Therefore, some of the lessons to be learned from the story of this lawsuit may be applicable to lawsuits in general or, at least, to "typical" civil suits, while others may not.
Insurance Aspects Of Damages, The, Douglas R. Richmond, Robert H. Jerry Ii
Insurance Aspects Of Damages, The, Douglas R. Richmond, Robert H. Jerry Ii
Journal of Dispute Resolution
"[I]t is difficult ... to imagine an event or transaction that does not involve insurance in some way."' So it is with the most salient event in the lives of Tony and Donna Sabia, whose son Tony John Sabia, or "Little Tony," was born with profound disabilities. In the final analysis, the ability of Tony and Donna to pay for the future medical care and living expenses needed by their son depends on whether they can reach the liability insurance coverage possessed by the health care providers who attended Donna and Little Tony at the time of his birth. It …
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional, Rodney J. Uphoff
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional, Rodney J. Uphoff
Journal of Dispute Resolution
This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholar, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.
Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin
Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin
Journal of Dispute Resolution
The two mediations in the book Damages, illuminate much about mediation in today's litigation environment - even though they took place in 1993 and each was, in its own way, quite unusual. for that reason - and because we have few good detailed descriptions of real mediations - I have used these two mediations to teach in a variety of settings. First, they served as one of several focuses in the course based on this book, called Damages: A Case Study, that we taught at the University of Missouri-Columbia, School of Law in the winter 2002 and 2003 semesters. In …