Proving Damages to the Jury
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REVISION 5 HIGHLIGHTS
With this new edition of Proving Damages to the Jury, authors Jim Wren and Laura Brown have updated the book with new and expanded coverage of a broad range of substantive topics, including::
Why Jurors Assess Big Damages
- Articulate the relevance of post-occurrence conduct to avoid erroneous exclusion of evidence as a “subsequent remedial measure”
- The direct liability of the organization, in failing to put the safety systems in place that could have averted the accident, can be a more persuasive damages argument than the negligence of an individual defendant
Valuations And Damage Models
- Updated tables re: computing lost earnings and earning capacity in personal injury/wrongful death cases
Damage Experts and Daubert/Frye Issues
- Grounds for Frye challenges to expert testimony
- Daubert relevance and reliability objections
- Anticipated Revisions to FRE 702
- Cases re admissibility of expert testimony by life care planners; vocational experts
Discovery Tactics To Maximize Damages
- Plaintiff’s treating doctor as a key witness
Testing Damages Before Trial
- Inherent group limitations
- Virtual testing—screening applicants
- When to use a concept focus group; a structured focus group; a mock trial
- How and when to use day-in-the-life videos on direct
- New tip for handling an evasive or unresponsive witness on cross
Preparing For Common Legal And Factual Issues
- Tax effects arguments in physical injury and other types of cases
- Collateral source evidence
- Loss of consortium
- Wealth of the parties
Economic Loss Rule
- Origin of the “limits on negligence” rationale
- Updates to Restatement (Third) of Torts: Liability for Economic Harm
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