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Trial of a large damages case in a small, low-income county

By Brian S. Kabateck and Christopher Noyes Advocate Magazine March 2016  Every trial lawyer succumbs to the realization that the night before you commence trial is stressful.  Undoubtedly, the nerves start to kick in.  You spend half the night preparing for jury selection, reviewing pre-trial motions and fine-tuning your opening

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The power-press exception to workers’ comp exclusive remedy

Brian S. Kabateck and Douglas Rochen November 17, 2015 Legislative efforts have specifically carved out a very narrow exception to the workers’ compensation exclusive remedy doctrine for civil damages against an employer where the employer has caused and/or prevented its employees from the safe operation of power presses without guards.

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Use of Criminal Convictions in Subsequent Civil Trials

Brian S. Kabateck and Shant A. Karnikian July/August 2015 A tortfeasor’s acts giving rise to a personal injury lawsuit may also be the basis for criminal charges. As a common example, a driver of a vehicle who hits a pedestrian may face both civil and criminal consequences, depending on the

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Ascertainability Relaxed: The New Wave Of Rulings

Law360, New York October 19, 2015 When ascertainability emerged as a new hurdle for plaintiffs attorneys in class certification in Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), courts initially took a strict stance in their analysis. However, the tide is turning and the barrier that Carrera’s standard presented

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When Social Media Marketing and Ethics Rules Collide

The Recorder August 4, 2015 The prevalence of social media has transformed marketing and advertising practices in the legal world. Many attorneys find themselves in uncharted territory, trying to navigate the established rules of attorney ethics and professional responsibility with the modern methods of social media. With the pervasiveness of

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