Section: Summer 2021
How to Talk to Jurors About Implicit Bias
Say you’re getting ready for trial and your client is a person of color. You have this vague concern that because of racial bias, the jury might not find your client credible, or may not treat your client fairly. But you’re at a loss as to what to do.
Tegman Update: The History of Joint and Several Liability leading up to Tegman
A brief history behind the Tegman ruling explains how the courts took their rigid application of strict liability and realized it needed an escape valve for defendants that truly were not responsible for another defendant’s actions.
Spoofs, Fakes, and Manipulation: The Challenge of Validating Messages and Social Media Content on Mobile Phones
Make no mistake, a person can alter or fake text message communications, and someone can do it with a low level of technical sophistication and relative ease.
What’s the Verdict?
After trying one of the first virtual jury trials in the nation, we presented and spoke with local and national bar groups, claims professionals, and groups of judges about our experiences. In doing so, we have a unique perspective on the virtual trial: What it looks like, its pros and cons, and whether it will survive the end of the pandemic.
With Additional Funds Allocated to the King County Superior Court, Presiding Judge Rogers Anticipates Criminal Backlogs Will Be Eased, and Civil Cases Will Be Tried
Judge Rogers explained, “We did ask for more money on the outset, and essentially we went back to the drawing board when the executive proposed adding almost no money.” With the allocated funds, Judge Rogers expects the Court will “be able to get a lot of work done.”
It’s Time to Revisit the Reasonable Value of Medical Care – Part II
Part I recommended that defense counsel conduct specific discovery with the hospitals to establish the factual basis for arguing that the gross billed charges do not represent the reasonable value of the care provided, since no patient ever pays that amount. Part II of this article addresses the necessary corollary, which is the method plaintiffs usually rely upon to carry their burden of proving the reasonable value of the medical care provided.
“The Dose Makes the Poison”: Incorporating the Concepts of Exposure and Dose into Your Witness Questioning Strategy
A phrase that should be a focus in toxic tort cases is “intensity, frequency, and duration.” These concepts are critical to a proper understanding of exposure and dose.
Wildfire Modeling, Before and After
A report published in 2018 estimated that the 2017 wildfire season in California alone cost $100 billion. Over 85% of costs were associated with environmental cleanup, lost business and tax revenue, and property and infrastructure repairs.
Message from the Executive Director
September brings a new membership year for WDTL and the opportunity to look forward. Over the past year, WDTL made great strides in our online programming and member benefits.
Defense Wins!
Defense Wins from Johnson Graffe Keay Moniz & Wick LLP, Bennett Bigelow & Leedom P.S., and Lee Smart, P.S., Inc.