Atlanta, Georgia Personal Injury Lawyer
In an April 7, 2008 article published in LawyersUSA, Richard Gabriel trial consultant, addressed the means of determining how much a civil lawsuit was worth was examined. The article referenced that traditionally, the answer to the question of what a case was worth was usually determined by three factors: the calculation of actual and economic damages, the cost of litigation and appeal and how jurors will actually value the case.
The biggest mystery in the process is the third category, how a jury will value the case. In mediation and settlement talks, "what the jury will award" is usually an educated guess. The parties talk about how sympathetic the plaintiff will appear, how persuasive the defense lawyer’s arguments will be, how angry the jury will be about a certain memo or e-mail and how the nationality of the defendant will have a negative impact on the jurors. Frequently these arguments are discounted as wishful thinking.
The article addressed how jury research, in the form of focus groups and mock trials, is being used in mediations and settlement discussions to attempt to show the parties how a jury will actually decide and value the case.
Typically, a trial consultant will usually prepare a report after a focus groups or mock trial is completed. That report may include charts detailing the juries' verdicts, the damages they awarded (both collectively and individually) and how they apportioned fault. The report may also include charts of some of the jurors' key life experiences related to the litigation and their general attitudes about the main issues in the case.
Then, the consultant and the lawyer may choose video clips of jury discussions or deliberations on the main issues in the case which contain the reasoning behind their verdicts and award amounts.
The author addresses his feeling that the least effective use of jury research is when the attorney walks into the mediation with a series of talking points, summarizing the main findings of the research as well as arguments as to why the research informs and validates his or her view of the case. Because there is nothing more concrete than the attorney's word, this can be dismissed as merely an advocate's view of the case, perhaps backed by a few people paid to give the lawyer the result he wants.
A more effective way to use the information would be to present the mediator with the findings in the form of charts and DVD clips. For example, in a contract case involving the sale of a computer company, the plaintiff was offered the insurer's $100,000 policy limits. After seeing a first set of focus groups, which showed juror confusion about the contract and criticism of the plaintiff, the attorney was close to accepting the defense offer.
Doing a second set of focus groups allowed the plaintiff's attorney to refine his approach and focus on the misconduct of the purchasing company. This reframing of the case, along with charts and clips of the research results, allowed the plaintiff to persuade the mediator to negotiate a $2.3 million dollar settlement instead of settling for the $100,000 policy limits.
A technique that is being used more often is to bring the consultant who conducted the research present the jury findings at the mediation, preferably to both the mediator and the other side.
This research provides the mediator and opposing side with the strongest evidence and arguments articulated by jurors rather than by the lawyer.
Jury research can address the concerns of multiple parties in mediation or settlement discussions. As a result, it can help persuade the mediator that the case is likely to be resolved more favorably for one party.
http://lawyersusaonline.com/index.cfm/archive/view/id/430467
The biggest mystery in the process is the third category, how a jury will value the case. In mediation and settlement talks, "what the jury will award" is usually an educated guess. The parties talk about how sympathetic the plaintiff will appear, how persuasive the defense lawyer’s arguments will be, how angry the jury will be about a certain memo or e-mail and how the nationality of the defendant will have a negative impact on the jurors. Frequently these arguments are discounted as wishful thinking.
The article addressed how jury research, in the form of focus groups and mock trials, is being used in mediations and settlement discussions to attempt to show the parties how a jury will actually decide and value the case.
Typically, a trial consultant will usually prepare a report after a focus groups or mock trial is completed. That report may include charts detailing the juries' verdicts, the damages they awarded (both collectively and individually) and how they apportioned fault. The report may also include charts of some of the jurors' key life experiences related to the litigation and their general attitudes about the main issues in the case.
Then, the consultant and the lawyer may choose video clips of jury discussions or deliberations on the main issues in the case which contain the reasoning behind their verdicts and award amounts.
The author addresses his feeling that the least effective use of jury research is when the attorney walks into the mediation with a series of talking points, summarizing the main findings of the research as well as arguments as to why the research informs and validates his or her view of the case. Because there is nothing more concrete than the attorney's word, this can be dismissed as merely an advocate's view of the case, perhaps backed by a few people paid to give the lawyer the result he wants.
A more effective way to use the information would be to present the mediator with the findings in the form of charts and DVD clips. For example, in a contract case involving the sale of a computer company, the plaintiff was offered the insurer's $100,000 policy limits. After seeing a first set of focus groups, which showed juror confusion about the contract and criticism of the plaintiff, the attorney was close to accepting the defense offer.
Doing a second set of focus groups allowed the plaintiff's attorney to refine his approach and focus on the misconduct of the purchasing company. This reframing of the case, along with charts and clips of the research results, allowed the plaintiff to persuade the mediator to negotiate a $2.3 million dollar settlement instead of settling for the $100,000 policy limits.
A technique that is being used more often is to bring the consultant who conducted the research present the jury findings at the mediation, preferably to both the mediator and the other side.
This research provides the mediator and opposing side with the strongest evidence and arguments articulated by jurors rather than by the lawyer.
Jury research can address the concerns of multiple parties in mediation or settlement discussions. As a result, it can help persuade the mediator that the case is likely to be resolved more favorably for one party.
http://lawyersusaonline.com/index.cfm/archive/view/id/430467
Labels: jury research
The below comes from a Judge in Arkansas as he addresses the federal government taking rights away from citizens to sue in their own state courts.
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
In re:
PREMPRO PRODUCTS LIABILITY
LITIGATION
DONNA SCROGGIN
v.
WYETH, et. al.
MDL Docket No. 4:03CV1507-WRW
4:04CV01169
SUPPLEMENT TO APRIL 10, 2008 ORDER
As Defendants note, I did state that I was “as confident as a Christian with four aces” with respect to my FDA preemption ruling.
In view of the United States Supreme Court’s decision in Riegel v. Medtronic, Inc. 128 S. Ct. 999 (2008) and other recent appellate decisions, my confidence, while still in place, is at a lower level.
It appears to me that an expansive reading of preemption is a part of the overall “assault upon the citadel of the right to trial by jury” (to paraphrase Cardozo). The finer points of the vice of too much preemption are well presented in Justice Ginsberg’s dissent in Riegel, and by Judge Thomas Ambro in his dissent in Colacicco v. Apotex, 2008 WL 927848, at *18-26 (3d Cir. April 8, 2008).
The thought underlying expansive preemption (“backdoor federalization”, Id. at 25.) is that bureaucratic experts are better at determining what is reasonable, what is too dangerous, etc., than are juries.
Over the past several years I believe all three branches of government have become more and more distrustful of juries. They seem to forget that a jury is a cross section of the citizens who elected them to office (or elected those who appointed them). In political campaigns these citizens are paragons of virtue; but when they are called for jury service, they somehow become incapable of making important decisions. The language in the decisions favoring preemption is high flown; but, at bottom, it reflects distrust of the randomly selected citizens who sit on juries. Perhaps our public officials, including judges, have read too much Plato and too little Alexis de Tocqueville.
Trial by jury is the essence of government reposed in the people. We should trust this institution in fact, not just in word.
IT IS SO ORDERED this 16th day of April, 2008.
/s/ Wm. R. Wilson, Jr.______________
UNITED STATES DISTRICT JUDGE
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
In re:
PREMPRO PRODUCTS LIABILITY
LITIGATION
DONNA SCROGGIN
v.
WYETH, et. al.
MDL Docket No. 4:03CV1507-WRW
4:04CV01169
SUPPLEMENT TO APRIL 10, 2008 ORDER
As Defendants note, I did state that I was “as confident as a Christian with four aces” with respect to my FDA preemption ruling.
In view of the United States Supreme Court’s decision in Riegel v. Medtronic, Inc. 128 S. Ct. 999 (2008) and other recent appellate decisions, my confidence, while still in place, is at a lower level.
It appears to me that an expansive reading of preemption is a part of the overall “assault upon the citadel of the right to trial by jury” (to paraphrase Cardozo). The finer points of the vice of too much preemption are well presented in Justice Ginsberg’s dissent in Riegel, and by Judge Thomas Ambro in his dissent in Colacicco v. Apotex, 2008 WL 927848, at *18-26 (3d Cir. April 8, 2008).
The thought underlying expansive preemption (“backdoor federalization”, Id. at 25.) is that bureaucratic experts are better at determining what is reasonable, what is too dangerous, etc., than are juries.
Over the past several years I believe all three branches of government have become more and more distrustful of juries. They seem to forget that a jury is a cross section of the citizens who elected them to office (or elected those who appointed them). In political campaigns these citizens are paragons of virtue; but when they are called for jury service, they somehow become incapable of making important decisions. The language in the decisions favoring preemption is high flown; but, at bottom, it reflects distrust of the randomly selected citizens who sit on juries. Perhaps our public officials, including judges, have read too much Plato and too little Alexis de Tocqueville.
Trial by jury is the essence of government reposed in the people. We should trust this institution in fact, not just in word.
IT IS SO ORDERED this 16th day of April, 2008.
/s/ Wm. R. Wilson, Jr.______________
UNITED STATES DISTRICT JUDGE
Labels: judge, jury, tort reform, verdict
Atlanta Journal-Constitution reporter Curtis Bunn published an article on April 21, 2008 about Georgia Tech quarterback Bryce Dykes.
In April Dykes was in a Gwinnett County courtroom, accepting two years' probation for an auto crash that killed Linda Lin Zhu, 40. Bunn wrote:
Since that night, March 9, 2007, Dykes, 19, a National Honor Society student from Norcross, has suffered guilt, depression and doubts about his future —- which brightened when the victim's husband forgave him during an emotional courtroom scene.
"At times, it's been really hard to get through," Dykes said after a recent Tech practice. "It's something that always will be there with me. I'm not going to just forget."
Swiftly, sadness shrouded his face.
"But the Zhu family," Dykes said, looking away, "it's something they live with every day, too. More than me."
At the Gwinnett Arena last year, Dykes and a group of friends were among dozens of Norcross High School students who painted their faces blue and cheered wildly as their classmates captured their second straight AAAAA boys state basketball championship.
Not far away, at First Chinese Christian Church in Norcross, the Rev. Michael Zhu was wrapping up a service with his congregation.
Later, Zhu, wife Linda and two other friends headed home; Dykes and two friends were en route to school for a post-championship celebration. At the intersection of Peachtree Industrial Boulevard and South Berkeley Lake Road, they came together.
Forever.
Dykes' Jeep Cherokee struck the rear of the Zhus' Nissan Altima. Linda Zhu, who was riding in the back seat, was rushed to Atlanta Medical Center. She died.
"Two joyous evenings coming together in a horrible way," said Drew Findling, the lawyer representing Dykes. "Just minutes before, both parties were celebrating."
Dykes was charged on March 30, 2007, with homicide by vehicle in the second degree. There was no evidence of speeding, alcohol or drug use. An investigation determined he was following too closely. Dykes eventually pleaded guilty to reckless driving.
He and his family asked permission to attend the wake of Linda Lin Zhu. The Rev. Zhu agreed. At the viewing, he embraced Dykes, who wept.
The two men came together once more at the sentencing hearing.
Dykes, crying the entire time, addressed the Zhu family, apologizing for his actions while asking for forgiveness.
"It's the most emotional thing I've ever seen in 23 years of doing this," Findling said. "That one hour captured the emotions of everyone there: the judge, deputies. . . . It was draining for everyone."
Zhu had already planned to ask the judge for leniency toward Dykes. "That is the attitude I have in this life," he said. "It's my philosophy on the way to live."
Zhu said he was made aware by his lawyer and others that Dykes is "a good kid, good football player" and National Honor Society member. "And I saw that he was a good person because he didn't hit-and-run. And he was very honest," he said.
"When he spoke, he was crying. He was sincere. I knew it. He was very sorry and regretful. Also, as a parent of a 16-year-old [son], it was very easy for me to put myself in his parents' shoes.
"I told the judge: 'There should be a balance. We should keep the integrity of the law. But we also should teach.' "
Judge Randy Rich agreed. As part of the reckless driving plea, Dykes is on probation and is required to speak to youths about the necessity of being safe drivers.
Zhu's kindness and mercy have astonished the Dykes household.
"An amazing man," said Darryl Dykes, Bryce's father. "I just can't imagine the excruciating pain he has been in, and yet he has allowed us and Bryce to express our regret and sorrow. As hard as it has been for us, I know it has by far been hardest on him and his family. And I just could not imagine being as gracious as he has been with us."
Said Bryce Dykes, whose parents are Tech graduates: "Their family was a lot more receptive than I would have been. They were gracious and merciful. It was surprising, but Reverend Zhu is a great man."
Zhu said he is behaving the way he thinks his wife would want.
"Everybody makes mistakes," he said. "Hating doesn't help. Hating cannot bring Linda back to life. It's most important how you deal with it and provide a future for the living ones. My wife would do the same thing. If I meet her in heaven, she will say I did the right thing."
http://www.ajc.com/metro/content/printedition/2008/04/21/dykes0421.html
In April Dykes was in a Gwinnett County courtroom, accepting two years' probation for an auto crash that killed Linda Lin Zhu, 40. Bunn wrote:
Since that night, March 9, 2007, Dykes, 19, a National Honor Society student from Norcross, has suffered guilt, depression and doubts about his future —- which brightened when the victim's husband forgave him during an emotional courtroom scene.
"At times, it's been really hard to get through," Dykes said after a recent Tech practice. "It's something that always will be there with me. I'm not going to just forget."
Swiftly, sadness shrouded his face.
"But the Zhu family," Dykes said, looking away, "it's something they live with every day, too. More than me."
At the Gwinnett Arena last year, Dykes and a group of friends were among dozens of Norcross High School students who painted their faces blue and cheered wildly as their classmates captured their second straight AAAAA boys state basketball championship.
Not far away, at First Chinese Christian Church in Norcross, the Rev. Michael Zhu was wrapping up a service with his congregation.
Later, Zhu, wife Linda and two other friends headed home; Dykes and two friends were en route to school for a post-championship celebration. At the intersection of Peachtree Industrial Boulevard and South Berkeley Lake Road, they came together.
Forever.
Dykes' Jeep Cherokee struck the rear of the Zhus' Nissan Altima. Linda Zhu, who was riding in the back seat, was rushed to Atlanta Medical Center. She died.
"Two joyous evenings coming together in a horrible way," said Drew Findling, the lawyer representing Dykes. "Just minutes before, both parties were celebrating."
Dykes was charged on March 30, 2007, with homicide by vehicle in the second degree. There was no evidence of speeding, alcohol or drug use. An investigation determined he was following too closely. Dykes eventually pleaded guilty to reckless driving.
He and his family asked permission to attend the wake of Linda Lin Zhu. The Rev. Zhu agreed. At the viewing, he embraced Dykes, who wept.
The two men came together once more at the sentencing hearing.
Dykes, crying the entire time, addressed the Zhu family, apologizing for his actions while asking for forgiveness.
"It's the most emotional thing I've ever seen in 23 years of doing this," Findling said. "That one hour captured the emotions of everyone there: the judge, deputies. . . . It was draining for everyone."
Zhu had already planned to ask the judge for leniency toward Dykes. "That is the attitude I have in this life," he said. "It's my philosophy on the way to live."
Zhu said he was made aware by his lawyer and others that Dykes is "a good kid, good football player" and National Honor Society member. "And I saw that he was a good person because he didn't hit-and-run. And he was very honest," he said.
"When he spoke, he was crying. He was sincere. I knew it. He was very sorry and regretful. Also, as a parent of a 16-year-old [son], it was very easy for me to put myself in his parents' shoes.
"I told the judge: 'There should be a balance. We should keep the integrity of the law. But we also should teach.' "
Judge Randy Rich agreed. As part of the reckless driving plea, Dykes is on probation and is required to speak to youths about the necessity of being safe drivers.
Zhu's kindness and mercy have astonished the Dykes household.
"An amazing man," said Darryl Dykes, Bryce's father. "I just can't imagine the excruciating pain he has been in, and yet he has allowed us and Bryce to express our regret and sorrow. As hard as it has been for us, I know it has by far been hardest on him and his family. And I just could not imagine being as gracious as he has been with us."
Said Bryce Dykes, whose parents are Tech graduates: "Their family was a lot more receptive than I would have been. They were gracious and merciful. It was surprising, but Reverend Zhu is a great man."
Zhu said he is behaving the way he thinks his wife would want.
"Everybody makes mistakes," he said. "Hating doesn't help. Hating cannot bring Linda back to life. It's most important how you deal with it and provide a future for the living ones. My wife would do the same thing. If I meet her in heaven, she will say I did the right thing."
http://www.ajc.com/metro/content/printedition/2008/04/21/dykes0421.html
An article by Connie Beard published April 30, 2008 by The Paris News shows how Georgia's citizen's health can be put in danger by the Legislature's unwillingness to adequately fund emergency medical services.
http://www.theparisnews.com/story.lasso?ewcd=e1a494132412308a
Two motor vehicle accidents with multiple injuries and an isolated emergency call stretched the city’s ambulance service a little thin yesterday.
“We staff three front-line mobile intensive care unit trucks 24-7,” said Kent Klinkerman, director of emergency medical services for the City of Paris. “We also have a transfer division truck staffed Monday through Friday for non-emergency calls, for clinics, doctor offices and dismissals.”
Two wrecks, one on the west side of town on U.S. 82, the other on the east side on Lamar (U.S. 82), required the use of all three ambulances. The non-emergency truck with advanced life support also was dispatched.
The city’s emergency back up plan was put into effect when dispatchers received a third emergency call — this one from Powderly.
“We have a crew assigned on call. They carry pagers and are available 24-7,” Klinkerman said. “They were paged Priority One (drop everything and come in). In the meantime we had a truck cleared off the accident scene, which went to Powderly.”
Klinkerman said the delay was only two to three minutes and a first responder crew was already en-route.
The city’s ambulances are capable of transporting multiple patients. Two of the ambulances each carried two or more people Tuesday, freeing the third ambulance for the Powderly call.
The EMS department also has a plan for more critical situations. All 35 personnel in the department carry pagers. When an emergency requires, an “all-call” tone is sent to the pagers, calling in all off-duty personnel.
“We didn't get to that point today,” Klinkerman said.
A few years back, the all-call protocol was used for the Navarro college team wreck. That incident injured 12 to 15 and everybody was sent in. All personnel were called in and ambulances ferried patients until all of them were transported to medical care facilities.
For even larger disasters, such as the 1982 tornado, the director activated the mutual aid agreement, bringing in the assistance of private ambulance services and other aid as was needed. “We haven't had a mutual aid situation recently. We try not to have to rely on entities outside the county,” Klinkerman said. “Most of the mutual aid Paris participates in is for outside the area, including ambulances dispatched during the Katrina disaster when they were shipping evacuees on buses.
“We sent ambulances to Texarkana, Atlanta, Texas, Florida and Galveston when they evacuated off the coast.”
Klinkerman is planning a practice disaster drill next month.
Response time is one yardstick by which ambulance systems are evaluated.
“Inside Paris, somebody with medical training arrives within five minutes. Outside Paris, first responders arrive in five or six minutes while we’re on the way to there,” Klinkerman said.
To achieve acceptable response times in the city, crews are housed in various locations, usually more in outlying areas. Ambulance crews don’t have to deal with as much traffic and stoplights from those places and are able to achieve quicker arrivals.
“When we added a third emergency crew in 2000, we housed them with the fire department on Pine Mill Road. It reduced response times four to five minutes due to the traffic and lights,” Klinkerman said. Launching from that location also cut time to Blossom four to five minutes.
“We have a good system to rapidly get assets to deal with whatever situation happens locally,” Klinkerman said.
Eighteen first responder groups in the county are registered with the state. First responders are usually closer to areas such as Roxton or Deport. Those responders assist patients until Paris EMS can arrive.
Call volume for emergency responders has increased the last few years. According to Klinkerman, they received 7,500 calls two years ago. Last year they had 8,000 calls. The volume for this year is already at 9,000.
Klinkerman attributes the increase to an aging population and to the area’s industrial, medical and college student base. Even with the increase in calls, Klinkerman says there won’t be an increase in crews or trucks this year, although he might have to increase the non-emergency truck hours to better accommodate the volume.
“If we have another 10 percent increase in call volumes,” Klinkerman said, “we may have to look at it in 2009 or 2010. If I could afford it I would love to add another crew, but I just can’t justify the cost.”
The EMS director said he currently offsets the cost of running the department by revenue generated from calls. He evaluates responses every day to “make sure we deliver quality medical care in a timely and efficient manner.”
Klinkerman added, “We staff for what is actually happening on a daily basis. We staff for what is, not for 'what if.'”
http://www.theparisnews.com/story.lasso?ewcd=e1a494132412308a
Two motor vehicle accidents with multiple injuries and an isolated emergency call stretched the city’s ambulance service a little thin yesterday.
“We staff three front-line mobile intensive care unit trucks 24-7,” said Kent Klinkerman, director of emergency medical services for the City of Paris. “We also have a transfer division truck staffed Monday through Friday for non-emergency calls, for clinics, doctor offices and dismissals.”
Two wrecks, one on the west side of town on U.S. 82, the other on the east side on Lamar (U.S. 82), required the use of all three ambulances. The non-emergency truck with advanced life support also was dispatched.
The city’s emergency back up plan was put into effect when dispatchers received a third emergency call — this one from Powderly.
“We have a crew assigned on call. They carry pagers and are available 24-7,” Klinkerman said. “They were paged Priority One (drop everything and come in). In the meantime we had a truck cleared off the accident scene, which went to Powderly.”
Klinkerman said the delay was only two to three minutes and a first responder crew was already en-route.
The city’s ambulances are capable of transporting multiple patients. Two of the ambulances each carried two or more people Tuesday, freeing the third ambulance for the Powderly call.
The EMS department also has a plan for more critical situations. All 35 personnel in the department carry pagers. When an emergency requires, an “all-call” tone is sent to the pagers, calling in all off-duty personnel.
“We didn't get to that point today,” Klinkerman said.
A few years back, the all-call protocol was used for the Navarro college team wreck. That incident injured 12 to 15 and everybody was sent in. All personnel were called in and ambulances ferried patients until all of them were transported to medical care facilities.
For even larger disasters, such as the 1982 tornado, the director activated the mutual aid agreement, bringing in the assistance of private ambulance services and other aid as was needed. “We haven't had a mutual aid situation recently. We try not to have to rely on entities outside the county,” Klinkerman said. “Most of the mutual aid Paris participates in is for outside the area, including ambulances dispatched during the Katrina disaster when they were shipping evacuees on buses.
“We sent ambulances to Texarkana, Atlanta, Texas, Florida and Galveston when they evacuated off the coast.”
Klinkerman is planning a practice disaster drill next month.
Response time is one yardstick by which ambulance systems are evaluated.
“Inside Paris, somebody with medical training arrives within five minutes. Outside Paris, first responders arrive in five or six minutes while we’re on the way to there,” Klinkerman said.
To achieve acceptable response times in the city, crews are housed in various locations, usually more in outlying areas. Ambulance crews don’t have to deal with as much traffic and stoplights from those places and are able to achieve quicker arrivals.
“When we added a third emergency crew in 2000, we housed them with the fire department on Pine Mill Road. It reduced response times four to five minutes due to the traffic and lights,” Klinkerman said. Launching from that location also cut time to Blossom four to five minutes.
“We have a good system to rapidly get assets to deal with whatever situation happens locally,” Klinkerman said.
Eighteen first responder groups in the county are registered with the state. First responders are usually closer to areas such as Roxton or Deport. Those responders assist patients until Paris EMS can arrive.
Call volume for emergency responders has increased the last few years. According to Klinkerman, they received 7,500 calls two years ago. Last year they had 8,000 calls. The volume for this year is already at 9,000.
Klinkerman attributes the increase to an aging population and to the area’s industrial, medical and college student base. Even with the increase in calls, Klinkerman says there won’t be an increase in crews or trucks this year, although he might have to increase the non-emergency truck hours to better accommodate the volume.
“If we have another 10 percent increase in call volumes,” Klinkerman said, “we may have to look at it in 2009 or 2010. If I could afford it I would love to add another crew, but I just can’t justify the cost.”
The EMS director said he currently offsets the cost of running the department by revenue generated from calls. He evaluates responses every day to “make sure we deliver quality medical care in a timely and efficient manner.”
Klinkerman added, “We staff for what is actually happening on a daily basis. We staff for what is, not for 'what if.'”
By LIBBY QUAID, Associated Press Writer 2 hours, 38 minutes ago
http://news.yahoo.com/s/ap/20080506/ap_on_el_pr/mccain_judges
WINSTON-SALEM, N.C. - Republican John McCain criticized Democratic rival Barack Obama for voting against John Roberts as U.S. chief justice, reaching out to the Christian right on one of their chief concerns: the proper role of judges in government.
Conservatives contend that federal judges have upset the constitutional balance of power among the courts, the Congress and the presidency by making far-reaching decisions, such as one in 2005 that let cities seize people's homes to make way for shopping malls.
"My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," McCain said Tuesday in a speech at Wake Forest University.
McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn't mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.
Obama, on the other hand, voted against Roberts and Alito. So did Obama's rival, Hillary Rodham Clinton, but McCain focused on Obama.
"Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done," McCain said. "But ... he went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee."
In response, Obama's campaign said McCain would pick judges who would threaten abortion rights as well as McCain's own campaign finance reform bill.
"What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," Obama spokesman Tommy Vietor said.
The Arizona senator said his role models interpret the law strictly, paying attention to what lawmakers intended, as opposed to "activist" judges who, by striking down statutes or court decisions, make laws rather than interpret them. "Activist" is a term conservatives use pejoratively to criticize liberal justices.
McCain did not spare his own party, pointedly criticizing opinions written by Republican appointees, Supreme Court justices John Paul Stevens and Anthony Kennedy. He didn't name the justices but used their writings to make his case against judicial activism.
McCain spoke derisively of Kennedy's 2005 majority opinion banning executions for killers younger than 18. McCain said the opinion contained "airy constructs ... as poor substitutes for clear and rigorous constitutional reasoning."
Kennedy recently defended his reasoning in the case, decided on a 5-4 vote, saying it was "a matter of interpretation of our own Constitution."
In the private property case McCain mentioned, the Supreme Court chose to defer to local officials rather than impose their own will from afar. Justice John Paul Stevens, in his majority opinion, wrote of the court's "long-standing policy of deference to legislative judgments in this field."
McCain wasn't in the Senate when Stevens became a justice, but he voted for Kennedy's nomination by President Reagan in 1988.
For a moment Tuesday, McCain appeared confused about where he was, saying, "I appreciate the hospitality of the students and faculty of West Virginia," then correcting himself to say Wake Forest as the audience laughed.
By speaking about judges, McCain offered an olive branch to the Christian right, which has been deeply suspicious of McCain. He has clashed with its leaders and worked against them on issues like campaign finance reform. He also joined the "Gang of 14," a group of senators — seven Republicans and seven Democrats — who avoided a showdown over judges by agreeing to preserve the minority party's right to block President Bush's nominees with the filibuster.
Despite his rocky relations with the right, McCain's record on their top priorities — cultural issues like abortion — is very conservative.
While he did say once in 1999 that Roe v. Wade should not be overturned, that amounted to a blip in an otherwise unbroken record of opposing abortion rights for women. McCain repeatedly has voted against federal funding for abortion and has opposed federal Medicaid funds for abortion even in cases of rape or incest.
Several conservative activists said they liked McCain's speech.
--------
The article is interesting in how Republicans frame the issue of judicial opinions. If a judge issues an order that Republicans disagree with, the judge is an "activist." If the judge issues an order that Republicans agree with, the judge has issued something consistent with the Constitution.
That is interesting because the 7th Amendment states, "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
Yet "tort reform" or "civil justice reform" are ideas argued by Republicans to put limits on a jury's decision on damages. Republicans argue that these artificial caps are necessary even though the Constitution states "the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined...."
http://news.yahoo.com/s/ap/20080506/ap_on_el_pr/mccain_judges
WINSTON-SALEM, N.C. - Republican John McCain criticized Democratic rival Barack Obama for voting against John Roberts as U.S. chief justice, reaching out to the Christian right on one of their chief concerns: the proper role of judges in government.
Conservatives contend that federal judges have upset the constitutional balance of power among the courts, the Congress and the presidency by making far-reaching decisions, such as one in 2005 that let cities seize people's homes to make way for shopping malls.
"My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," McCain said Tuesday in a speech at Wake Forest University.
McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn't mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.
Obama, on the other hand, voted against Roberts and Alito. So did Obama's rival, Hillary Rodham Clinton, but McCain focused on Obama.
"Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done," McCain said. "But ... he went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee."
In response, Obama's campaign said McCain would pick judges who would threaten abortion rights as well as McCain's own campaign finance reform bill.
"What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," Obama spokesman Tommy Vietor said.
The Arizona senator said his role models interpret the law strictly, paying attention to what lawmakers intended, as opposed to "activist" judges who, by striking down statutes or court decisions, make laws rather than interpret them. "Activist" is a term conservatives use pejoratively to criticize liberal justices.
McCain did not spare his own party, pointedly criticizing opinions written by Republican appointees, Supreme Court justices John Paul Stevens and Anthony Kennedy. He didn't name the justices but used their writings to make his case against judicial activism.
McCain spoke derisively of Kennedy's 2005 majority opinion banning executions for killers younger than 18. McCain said the opinion contained "airy constructs ... as poor substitutes for clear and rigorous constitutional reasoning."
Kennedy recently defended his reasoning in the case, decided on a 5-4 vote, saying it was "a matter of interpretation of our own Constitution."
In the private property case McCain mentioned, the Supreme Court chose to defer to local officials rather than impose their own will from afar. Justice John Paul Stevens, in his majority opinion, wrote of the court's "long-standing policy of deference to legislative judgments in this field."
McCain wasn't in the Senate when Stevens became a justice, but he voted for Kennedy's nomination by President Reagan in 1988.
For a moment Tuesday, McCain appeared confused about where he was, saying, "I appreciate the hospitality of the students and faculty of West Virginia," then correcting himself to say Wake Forest as the audience laughed.
By speaking about judges, McCain offered an olive branch to the Christian right, which has been deeply suspicious of McCain. He has clashed with its leaders and worked against them on issues like campaign finance reform. He also joined the "Gang of 14," a group of senators — seven Republicans and seven Democrats — who avoided a showdown over judges by agreeing to preserve the minority party's right to block President Bush's nominees with the filibuster.
Despite his rocky relations with the right, McCain's record on their top priorities — cultural issues like abortion — is very conservative.
While he did say once in 1999 that Roe v. Wade should not be overturned, that amounted to a blip in an otherwise unbroken record of opposing abortion rights for women. McCain repeatedly has voted against federal funding for abortion and has opposed federal Medicaid funds for abortion even in cases of rape or incest.
Several conservative activists said they liked McCain's speech.
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The article is interesting in how Republicans frame the issue of judicial opinions. If a judge issues an order that Republicans disagree with, the judge is an "activist." If the judge issues an order that Republicans agree with, the judge has issued something consistent with the Constitution.
That is interesting because the 7th Amendment states, "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
Yet "tort reform" or "civil justice reform" are ideas argued by Republicans to put limits on a jury's decision on damages. Republicans argue that these artificial caps are necessary even though the Constitution states "the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined...."
Michael Neff is a member of the Association of Interstate Trucking Lawyers of America. AITL is a national association of committed lawyers who have joined together to help eliminate unsafe and illegal interstate trucking practices. Through our combined efforts in learning, litigation and legislation, we are working today to make America's highways a safer place tomorrow for our families, our clients, and all Americans.
For more information on the organization see www.AITLAmerica.com
For more information on the organization see www.AITLAmerica.com
Labels: avoid wrecks, truck accident
Amy Price, PhD wrote the following article about changes in MRI technology.
http://spinalinjuryfoundation.org/101_new/MRI%20News%20and%20Views.htm
MRIs have gone through a lot of changes and improvements in the last few years. A first class radiologist is the best way to get an accurate diagnosis but great equipment helps too. People ask us at SIF how can I know that my radiologist does quality work? The best way is to ask who others consider the best. Ask at your Doctors, at physiotherapy and at the hospital. Soon you will find some names come up over and over again. It is important to find out what kind of MRIs they are best at reading. Some specialize in the brain, tumors, or spines. all radiologists are not considered equal so choose with care!
Before you agree to an MRI it is good to find out who will be explaining the results and the technical terms in your report to you. At SIF we get multiple requests to explain results of MRIs. We can not help with this as an MRI is only a part of the picture, diagnostics are made in conjunction with detailed physical examinations and patient/physician consultation. If you come across an unusual term in your MRI you can try the Read My MRI feature in the members section of SIF
MRI machines work with magnets and the strength is measured by Tesla. The Tesla strength can vary anywhere from .046 to 8 Tesla. Before you book an MRI ask what the strength is of the machine they will use for your scan. The strongest Tesla in common use outside of research settings is a 3 Tesla. The stronger the Tesla the clearer the image. Large herniations can be seen with an .02 Tesla. Using a 3 Tesla even ligament damage is quite visible. Click here It used to be thought that 7-8 Teslas would not be safe for patients because of the radio frequency but these fears proved groundless click here and this Tesla strength is used for revealing vascular structure and for detailed brain scans.
MRIs can be with or without contrast. A contrast MRI makes it easier for the diagnostician to see scar tissue that may have formed because of the injury. The contrast is a small amount of water soluble dye that is injected at the time of your MRI.
MRIs can be static or functional (fMRI) fMRIs measure function. Oxford University has an interesting and informative site detailing how fMRI works and the strengths and perceived weakness of this approach.
Technology combining MEG (measures brain's electrical activity) and fMRI are bringing hope for treatment in previously uncharted territory Click here Software can convert images into 3D.
Stand Up MRIs are thought to show structural patterns more clearly and can signpost where a client is feeling pressure. Some ligament damage can also be shown more accurately with the stand up MRI.
A new and promising technology is on the horizon to reduce MRI costs and also create a machine that can be used for those with metal implants or even to assist in surgery!
http://spinalinjuryfoundation.org/101_new/MRI%20News%20and%20Views.htm
MRIs have gone through a lot of changes and improvements in the last few years. A first class radiologist is the best way to get an accurate diagnosis but great equipment helps too. People ask us at SIF how can I know that my radiologist does quality work? The best way is to ask who others consider the best. Ask at your Doctors, at physiotherapy and at the hospital. Soon you will find some names come up over and over again. It is important to find out what kind of MRIs they are best at reading. Some specialize in the brain, tumors, or spines. all radiologists are not considered equal so choose with care!
Before you agree to an MRI it is good to find out who will be explaining the results and the technical terms in your report to you. At SIF we get multiple requests to explain results of MRIs. We can not help with this as an MRI is only a part of the picture, diagnostics are made in conjunction with detailed physical examinations and patient/physician consultation. If you come across an unusual term in your MRI you can try the Read My MRI feature in the members section of SIF
MRI machines work with magnets and the strength is measured by Tesla. The Tesla strength can vary anywhere from .046 to 8 Tesla. Before you book an MRI ask what the strength is of the machine they will use for your scan. The strongest Tesla in common use outside of research settings is a 3 Tesla. The stronger the Tesla the clearer the image. Large herniations can be seen with an .02 Tesla. Using a 3 Tesla even ligament damage is quite visible. Click here It used to be thought that 7-8 Teslas would not be safe for patients because of the radio frequency but these fears proved groundless click here and this Tesla strength is used for revealing vascular structure and for detailed brain scans.
MRIs can be with or without contrast. A contrast MRI makes it easier for the diagnostician to see scar tissue that may have formed because of the injury. The contrast is a small amount of water soluble dye that is injected at the time of your MRI.
MRIs can be static or functional (fMRI) fMRIs measure function. Oxford University has an interesting and informative site detailing how fMRI works and the strengths and perceived weakness of this approach.
Technology combining MEG (measures brain's electrical activity) and fMRI are bringing hope for treatment in previously uncharted territory Click here Software can convert images into 3D.
Stand Up MRIs are thought to show structural patterns more clearly and can signpost where a client is feeling pressure. Some ligament damage can also be shown more accurately with the stand up MRI.
A new and promising technology is on the horizon to reduce MRI costs and also create a machine that can be used for those with metal implants or even to assist in surgery!
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