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Day on Torts

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SCOTUS Releases Opinion on Specific Jurisdiction

In Goodyear Dunlap Tires Operations, S.A. v. Brown, No. 1076, 564 U.S. ____  (2011) the United States Supreme Court was confronted with the following question:  "Are foreign subsidiaries of a United States parent corporation amenable to suit in state court on claims unrelated to any activity of the subsidiaries in the forum…

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West Virginia Supreme Court Fails to Strike-Down Damage Caps

The high court in West Virginia has refused to vacate legislation that placed a cap on damages for non-economic loss in medical negligence cases.  In McDonald v. City Hospital, Inc., No. 35543 (W.Va. 6/22/2011) the court ruled that the West Virginia Constitution did not limit the power of the Legislature…

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Thinking About Safety When Conducting A Cross-Examination

Plaintiff Trial Lawyer Tips has this wonderful post on the injecting basic safety principles into cross-examination.  An excerpt: ELIMINATING OR MINIMIZING RISK OF SERIOUS INJURY OR DEATH   1. TRUE THAT [defendant company] SHOULD HOLD PARAMOUNT THE SAFETY AND HEALTH OF IT’S WORKERS? 2. AGREE WITH THE PROPOSITION THAT: ANY…

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