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Submission of Pain and Suffering and Mental Anguish in the Jury Charge
January 4, 2017
In most personal injury cases, plaintiffs seek recovery for pain and suffering and mental anguish. These damages have very distinct characteristics. Generally, pain and suffering, also referred to as physical pain, refers to physical sensations when injury has occurred to the body. Mental anguish refers to a state of mind including emotional pain, torment and suffering. Nevertheless, the Texas Pattern Jury Charge (“PJC”) lumps both of these damage elements together in a single blank for the jury...
January 4, 2017
In most personal injury cases, plaintiffs seek recovery for pain and suffering and mental anguish. These damages have very distinct characteristics. Generally, pain and suffering, also referred to as physical pain, refers to physical sensations when injury has occurred to the body. Mental anguish refers to a state of mind including emotional pain, torment and suffering. Nevertheless, the Texas Pattern Jury Charge (“PJC”) lumps both of these damage elements together in a single blank for the jury...
Drafting Contract Provisions on Resolving Disputes
January 4, 2017
A partner in a major law firm tells me that for the next five years, we can expect much litigation and controversy over issues like mediation and arbitration and locations for such proceedings. In a recent article, Professor John M. Newman identifies the issues that these provisions should consider. The article remains neutral on the pros and cons. Here is an introductory passage: This is a brief guide to drafting dispute-resolution provisions. Such provisions have gained national attention in recent...
January 4, 2017
A partner in a major law firm tells me that for the next five years, we can expect much litigation and controversy over issues like mediation and arbitration and locations for such proceedings. In a recent article, Professor John M. Newman identifies the issues that these provisions should consider. The article remains neutral on the pros and cons. Here is an introductory passage: This is a brief guide to drafting dispute-resolution provisions. Such provisions have gained national attention in recent...
Carrie Fisher’s Death Triggers Biggest Insurance Payout Ever
January 3, 2017
Disney is set to receive $50 million due to Star Wars actress Carrie Fisher’s untimely death after taking out an insurance policy that covered her fulfillment of a three-film contract. Fisher has a major role in the upcoming Star Wars Episode VIII, which she completed before her death. However, Fisher was also supposed to have a starring role in Star Wars Episode IX, which would be released in 2019. This film will now have to be substantially rewritten in the wake of the actress’s death. The insurance...
January 3, 2017
Disney is set to receive $50 million due to Star Wars actress Carrie Fisher’s untimely death after taking out an insurance policy that covered her fulfillment of a three-film contract. Fisher has a major role in the upcoming Star Wars Episode VIII, which she completed before her death. However, Fisher was also supposed to have a starring role in Star Wars Episode IX, which would be released in 2019. This film will now have to be substantially rewritten in the wake of the actress’s death. The insurance...
Challenges to Suing Foreign Manufactures in Texas
January 3, 2017
Whether a foreign manufacturer is subject to the jurisdiction of a state court in a product liability case is a question that arises with great frequency since the stream of commerce theory was introduced in World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980).1 Since that time, lower courts have struggled with the meaning of “stream of commerce” and how it guides the analysis of personal jurisdiction with respect to product manufacturers.2 After a two decade hiatus,3 the United States...
January 3, 2017
Whether a foreign manufacturer is subject to the jurisdiction of a state court in a product liability case is a question that arises with great frequency since the stream of commerce theory was introduced in World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980).1 Since that time, lower courts have struggled with the meaning of “stream of commerce” and how it guides the analysis of personal jurisdiction with respect to product manufacturers.2 After a two decade hiatus,3 the United States...
What Data Analytics Can And Cannot Do
January 3, 2017
There is a lot of interest in Big Data, Business Intelligence, Predictive Analytics, and other data-related fields these days. Whether in distinctly non-legal areas like the Internet of Things or legal areas like jury selection, litigation finance, textual analytics, and hedge fund replication, techniques for using data are clearly changing many aspects of the business world. This set of tools and techniques as a whole can be generically termed data analytics — and with major increases in computing...
January 3, 2017
There is a lot of interest in Big Data, Business Intelligence, Predictive Analytics, and other data-related fields these days. Whether in distinctly non-legal areas like the Internet of Things or legal areas like jury selection, litigation finance, textual analytics, and hedge fund replication, techniques for using data are clearly changing many aspects of the business world. This set of tools and techniques as a whole can be generically termed data analytics — and with major increases in computing...
Law School Enrollment Trends Over 40+ Years
January 2, 2017
Useful charts here. JD enrollment has stabilized, though well below its peak; non-JD enrollment has spiked as law schools...
January 2, 2017
Useful charts here. JD enrollment has stabilized, though well below its peak; non-JD enrollment has spiked as law schools...
Article on Arbitration for Trust Disputes
January 2, 2017
Colin Connor published an Article entitled, Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules...
January 2, 2017
Colin Connor published an Article entitled, Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules...
More on Modeling Punitive Damages
January 2, 2017
In The Punitive Damages Calculus: The Differential Incidence of State Punitive Damages Reforms, Benjamin McMichael & Kip Viscusi (Vanderbilt) exploit two discrete data sets--one broad, general national sample of state civil litigation and one discrete sample of "blockbuster" civil cases which involved punitive damages awards in excess of $100M--and find that state punitive damages cap reforms influence these two streams of civil litigation differently. The paper's key findings are described below. “This...
January 2, 2017
In The Punitive Damages Calculus: The Differential Incidence of State Punitive Damages Reforms, Benjamin McMichael & Kip Viscusi (Vanderbilt) exploit two discrete data sets--one broad, general national sample of state civil litigation and one discrete sample of "blockbuster" civil cases which involved punitive damages awards in excess of $100M--and find that state punitive damages cap reforms influence these two streams of civil litigation differently. The paper's key findings are described below. “This...
Chief Justice Releases Year-End Report
January 1, 2017
In his 2016 year-end report on the federal judiciary, released today, Chief Justice John Roberts did not address the February 13, 2016, death of Justice Antonin Scalia or the nearly eleven months in which the Supreme Court has operated with only eight justices. Instead, Roberts paid homage to federal district judges and the “crucial role” that they play in the federal judiciary. Roberts described the position of the federal district judge – in which, among the eight current justices, only Justice...
January 1, 2017
In his 2016 year-end report on the federal judiciary, released today, Chief Justice John Roberts did not address the February 13, 2016, death of Justice Antonin Scalia or the nearly eleven months in which the Supreme Court has operated with only eight justices. Instead, Roberts paid homage to federal district judges and the “crucial role” that they play in the federal judiciary. Roberts described the position of the federal district judge – in which, among the eight current justices, only Justice...
Chief Justice Roberts Issues 2016 Year-End Report
January 1, 2017
Chief Justice John G. Roberts Jr. has issued his 2016 Year-End Report on the Federal Judiciary (pdf), highlighting the work performed by U.S. District judges. Workload of the Courts In the 12-month period ending September 30, 2016, the number of cases filed in the Supreme Court decreased, while the number filed in the regional appellate courts and the district courts increased. Filings in the bankruptcy courts also decreased. Cases activated in the pretrial services system decreased, while...
January 1, 2017
Chief Justice John G. Roberts Jr. has issued his 2016 Year-End Report on the Federal Judiciary (pdf), highlighting the work performed by U.S. District judges. Workload of the Courts In the 12-month period ending September 30, 2016, the number of cases filed in the Supreme Court decreased, while the number filed in the regional appellate courts and the district courts increased. Filings in the bankruptcy courts also decreased. Cases activated in the pretrial services system decreased, while...
