» Safety, Accountability Best Medicine by Atty. David I. Fallk
A native of northeastern Pennsylvania, Atty. David I. Fallk, has been a practicing trial lawyer since 1975. Atty. Fallk holds a B.S. in Economics from the University of Pennsylvania and a J.D. from Temple University. He currently serves as the President of the Committee for Justice for All, an organization dedicated to preserving the integrity of the civil justice system and the Constitutional right to trial by jury. He also sits on the Board of Governors of the Pennsylvania Association for Justice. Atty. Fallk is very active in the local community, serving President of Temple Israel of Scranton and as Community Relations Chair of the Jewish Federation of Northeastern Pennsylvania.

» Dangerous Cribs Are The Culprit in Infant Deaths
The suffocation deaths of three infants prompted the CPSC to announce the recall of nearly one million cribs, the second largest recall of its type in the nation’s history.

» The Mexican Connection
Just when it seemed as if the Mexican trucking program was dead and buried, a third Mexican-based trucking company, Transportes Padilla, has rolled on to American highways.

» Chinese Toy Terrors
In the wake of major recalls of Chinese-made toys, two U.S. Senators are calling for action to prevent dangerous toys from ever reaching our children.
 

» Hospital Negligence
Practicing her constitutional right to a jury trial, Rhoda Sussman sued the hospital where her husband died following a routine knee surgery. "He died because of their mistake," Sussman said of the hospital. "It's very hard for me. There's an empty spot, like there's something missing from my life," she told the Florida South Sun-Sentinel.

» Popcorn Lung?
As children, we are warned not to eat too much popcorn, mainly to prevent spoiled appetites or tummy aches, but now, there may be a more serious reason to ease up on this fluffy, little snack. Recently, a Colorado man was diagnosed with a rare lung condition commonly referred to as “popcorn workers’ lung.” That’s because up until now, only people working directly with synthetic butter have been affected.

» Tort Reformer, Robert Bork, Sues for $1 Million
Former Supreme Court nominee and staunch tort reform advocate, Robert Bork, filed a $1 million lawsuit for injuries he received last year at the Yale Club of New York.

» You’re ready to be a business tort lawyer
Think handling business torts will be dry and boring? Fighting for the rights of small-business owners has its share of excitement - and it lets you flex your hard-won trial skills for a worthy cause.

» Cross-Examining Defense Experts
Excerpt: "Cross-examination in a tractor-trailer case is not unlike your cross-examination in many of the cases you have been trying so far. Cross is like the trial within the trial. Perception often becomes reality."
 

» ADHD Drugs
Excerpt: "The goal of the government’s "War on Drugs" is to discourage and prevent children and youth from experimenting with dangerous and addictive drugs, such as amphetamines and other stimulants. However, today more children are taking stimulant drugs than ever – because they are being prescribed by their doctors, and the "pushers" are the drug companies."

» Boat Accidents
Excerpt: "Fishing trips, diving expeditions, water skiing, a weeklong cruise on a luxury ship – boats are supposed to fun, recreational vehicles for you and your family to enjoy. However, thousands of people are injured or killed in boating accidents each year."
 

» Bus Accidents
Excerpt: "People all across the U.S. ride buses every day as their primary form of transportation. As cities across the nation grow, congestion rises on our highways and roadways. As a result, more and more individuals choose to use public transportation each year. With more of the public using buses, the number of injuries and even death increases."

» Article: Common Law -- A Foreign Import? - Written by: Robert W. Munley
Excerpt: "All of us are actually aware that before 1775 and the First Continental Congress, there was a system of justice built upon law existing in the Colonies. If asked “What was that law?” our immediate reaction would be the “Common law.” And so it was.

» Constitution Day Thoughts
Excerpt: "Since its signing on September 17, 1787, the American people properly have shown great reverence for the Constitution, although often confusing its principles with the Declaration of Independence. While there is a difference, the connection is strong. John Quincy Adams explained, 'The work of the American Revolution ...remained unfulfilled until the Constitution was ratified.' "
 

» Article: Ethical Issues in Transitioning to a Business Torts Practice - Written by: Matthew A. Cartwright

Excerpt: "When you have a client in your office with a business torts case, your client is a very lucky person. You have been doing garden variety personal injury tort trials for years. You have tried dozens and dozens of jury trials. You have got to the point in your career where when trial dates are approaching you no longer feel like you are trapped in a canoe on the Niagara River, nearing the falls. You enjoy your time in the courtroom. You like juries. The courtroom is your home."
 

» Article: Getting Your Business Torts Case out of Bankruptcy Court: Abstention
Written by: Matthew A. Cartwright

Excerpt: "You have agreed to represent a small business that is evidently the victim of a tort. The tortfeasor could be any number of entities: your client’s bank, your client’s auditors, its competitors, its vendors, even its customers."

» Mobic
Excerpt: "Mobic, generic name meloxicam, is a drug used to treat arthritis. It reduces pain, swelling, and stiffness of the joints. Meloxicam is known as a nonsteroidal anti-inflammatory drug (NSAID). Mobic, made by privately-held Boehringer Ingelheim Pharmaceuticals, has been found to increase the risk of heart attacks in patients.
 

Data from an FDA study shows that Mobic causes an even greater statistical risk of heart attacks than Vioxx and similar medications. The FDA analyzed data from California's Medicaid program, which covered more than 15,000 heart attack patients, and found that the 'statistical risk of heart attack was 1.37 percent for Mobic, compared to 1.32 percent with Vioxx and 1.09 percent with Celebrex.' "
 

» Article: Punitive Damages Cases: Requesting Financial Statements - Written by: Matthew A. Cartwright

Excerpt: "I would like to encourage all ATLA members to head to Toronto for the 2005 Annual Convention. The law is currently in an unprecedented state of flux, both in federal and state court. Political solutions, no matter how well intended, are being applied to long established legal remedies, and the result is to make cases unpredictable to determine liability and damages."
 

» Article: Sexual Harassment / Employment Discrimination - Written by: Marion Munley
Excerpt: "What Is Sexual Harassment? Sexual harassment in the workplace may occur in many forms—physical, verbal, or nonverbal.... Why Does Sexual Harassment Occur? There are several underlying bases for sexual harassment, one or more of which may be involved in any given situation... Title VII Of The Civil Rights Act Of 1964: The policy behind Title VII is to achieve equality of employment opportunities and remedy discrimination in the workplace."

» Article: Spoliation of Business Records: Compliance-With-Policy - Written by: Matthew A. Cartwright

Excerpt: "At the ATLA Annual Convention in Boston this summer, we were honored with a visit by an Associate Justice of the United States Supreme Court, the Honorable Stephen G. Breyer. Justice Breyer came to attend a gathering of hundreds of our members who volunteered their efforts and delivered pro bono advocacy for claimants before the September 11 Victims’ Compensation Fund under the auspices of Trial Lawyers Care. It was gratifying to hear Justice Breyer paying tribute to our members while invoking the words of the great Roman lawyer and Senator, Pliny the Younger, on the importance of public service."
 

» Article: Subsequent Remedial Measure in Strict Product Liability - Written by: Matthew A. Cartwright

Excerpt: "One rule of evidence well known to the trial bar is the general inadmissibility of post-accident remedial measures if offered for the purpose of proving antecedent negligence. An issue about which much ink has been spilled is whether and to what extent this negligence rule shouuch ink has been spilled is whether and to what extent this negligence rule should be applied in cases of strict product liability.

This article will attempt to come to grips with the reasons for having a rule preventing juries from knowing about a defendant’s post-accident remedial measures."

» Article: 'Tort Reform' Sounds Good, Smells Bad - Written by: Robert W. Munley
Excerpt: "The term "tort reform" is a euphonious lie. It is a focus group-tested phrase developed by right-wing think tanks to persuade Americans into sacrificing one of their most sacred constitutional rights - the right to a jury trial.

"Tort reform" is meant sates people for injuries caused by someone else’s wrongdoing... "Tort reform" is a vicious, full frontal assault by big business on the rights of injured people."
 

» Train Accidents
Excerpt: "Millions of people ride trains every day in the United States. However, when trains aren't maintained, or when reckless drivers try to beat a train across the tracks, a serious accident may occur.

According to the Federal Highway Administration, there is a train accident every 2 hours in the U.S. In 1999 alone, there were more than 2,700 train accidents. Also, train accidents tend to be more dangerous, especially when you consider the weight and high speeds trains can reach."
 

» Van Rollovers
Excerpt: "A 15-passenger van is considered one of the most dangerous vehicles on the road, because it is three times more likely to roll over in single vehicle crashes when there are 10 or more occupants inside the van."
 

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