Trial

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Articles in March, 2007 issue of Trial

• Don't let preemption ground your aviation case: defendants in aviation lawsuits are pushing the preemption argument hard to get cases removed to federal court or stop them before they leave the gate. Help your case take off by honing your anti-preemption
  by Bowen, Donna; Slack, Michael L.
• First Circuit ruling stirs speculation over FMLA changes.(Family and Medical Leave Act of 1993)
  by Villa, Alba Lucero
• Focus on facts to defeat preemption: while preemption is primarily a question of law, factual evidence about a federal agency's action or inaction can help plaintiffs defeat a motion to dismiss.
  by Menzies, Karen Barth
• More states putting a la carte legal services on the menu.
  by Sileo, Carmel
• Texas court requires new look at fees when damages are reduced.
  by Sileo, Carmel
• New Paxil suits allege birth defect risk.
  by Heylman, Susan
• A view from the states on stealth tort 'reform': the Bush administration is using the federal rulemaking process as its latest weapon against state tort remedies. A Texas lawmaker tells how this tactic undermines states' authority and frustrates their abi
  by Burtka, Allison Torres
• Why preemption proponents are wrong: corporate defendants' claim that the effect of state tort actions is equivalent to state positive law has no merit. The reality is that consumer protection can be guaranteed only when tort remedies work in tandem with
  by Wolfman, Brian
• Preemption still shielding tobacco companies from liability.
  by Hochberg, Francine A.; Mura, Andre
• Injury: The Politics of Product Design and Safety Law in the United States.(Book review)
  by McLaughlin, George E.
• Fight for Justice Campaign takes message to the media.
• Lawsuits question safety and efficacy of Plavix.
  by Burtka, Allison Torres
• Immigrants sue government over suspended benefits.
  by Villa, Alba Lucero
• Taking on big pharma - and the FDA: the fight against federal preemption is far from over, but some courts have rejected drug company claims that an FDA preamble should be granted sweeping deference.
  by Bograd, Louis M.
• Trial by Jury: The Seventh Amendment and Anglo-American Special Juries.(Book review)
  by Rooks, James E., Jr.
• Oklahoma justices reject affidavit requirement in med-mal cases.
  by Jablow, Valerie
• The incredible shrinking docket.
  by Chemerinsky, Erwin
• Turning the tables.(President's page)
  by Eidson, Lewis S.
• Lawyers focus on lens solution lawsuits.
  by Porter, Rebecca
• Industries seek immunity in state legislatures.