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Full-Text Articles in Law
Frivolous Defenses, Thomas D. Russell
Frivolous Defenses, Thomas D. Russell
Cleveland State Law Review
This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …
Insurance Questions In Voir Dire, Kenneth S. Kabb
Insurance Questions In Voir Dire, Kenneth S. Kabb
Cleveland State Law Review
The scope of this article includes the voir dire examination in the federal courts, primarily in civil cases. The questions to be considered are: (1) how is the voir dire examination to be conducted; (2) what are the limitations imposed on the trial judge, counsel, and the parties with respect to the manner and conduct of the questioning; (3) what is the allowable scope of questions that may be asked prospective jurors; and (4) what will constitute reversible error, and who has the burden of proof.
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Cleveland State Law Review
It is submitted that where there is fair dealing on the part of plaintiff's attorney and insurance company, a great deal of needless expense to both will have been eliminated enabling insurance companies to handle their claims and lawsuits with fewer personnel and smaller defense fees. And plaintiff's attorneys on their part, will be able to bring to conclusion more work during the course of a year; and where a staff is required, they will be able to operate with fewer personnel. The result to the plaintiff's attorney will be an increase in net income and perhaps more time for …
Appeasement Of Tort Claimants, S. Burns Weston
Appeasement Of Tort Claimants, S. Burns Weston
Cleveland State Law Review
Justice does not always mean that a case should be tried. By the same token, justice does not always mean that every case should be settled without trial. One of our difficulties is that too often there is more interest in the expedient settlement of differences between litigants than in a judicial determination of rights according to principles of law.