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Each issue of The Brief, the Section's quarterly magazine, includes an array of practical articles of interest to plaintiffs' and defense lawyers who practice tort or insurance law.  In addition, the popular "Practice TIPS" section provides practical, how-to advice on practice and litigation matters.

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TABLE OF CONTENTS

The Brief
Spring 2009 Vol. 38 No.3
Article Abstracts

" Criminalization in Aviation: Are Prosecutorial Investigations Relegating Aviation Safety to the Back Seat?
Richard M. Dunn, Sherrill M. Colombo, and Allison E. Nold
The NTSB conducts aircraft accident and safety investigations to uncover the reasons for air crashes and recommend safety measures to prevent future accidents. But in recent years, criminal investigative agencies have launched investigations and applied criminal pen-alties to what the authors contend are negligence-based acts. They argue that criminal investigations impede aviation safety by chilling the free flow of information concerning accident causes and fail to deter the acts they are prosecuting because most aviation accidents are not caused by willful or intentional conduct.


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" Recent Development in Air Carrier Liability under the Montreal Convention"
Bartholomew J. Banino
The Montreal Convention, successor to the Warsaw Convention, has regulated international transportation since 2003. An aviation lawyer examines recent U.S. judicial decisions interpreting the Montreal Convention’s application in significant areas, including carrier relationships, jurisdictional issues, and the preemptive effect of the Convention on claims arising from international transportation..


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" Rocketing Private Citizens into Space: A Consideration of Liability"
Doug Griffith
The commercial human spaceflight industry is moving from dream to reality as technology and business models of space travel edge closer to their ultimate goal—and become profitable. Pioneers in this emerging field can expect to confront a liability atmos-phere similar to that familiar to aviation attorneys until space travel law evolves.


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" Transferring a Forum Non Conveniens Case: Practical Considerations"
Ralph V. Pagano and Ricardo M. Martinez-Cid
The doctrine of forum non conveniens provides the means by which a defendant can petition the court to dismiss the case in favor of having the matter heard in a foreign court. Two authors address the defendant’s burden of demonstrating the existence of an ade-quate alternate forum and that certain private and public interest factors favor dismissal.


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" Reserve and Reinsurance Information: Is It Discoverable?"
by Ann F. Ketchen
Disputes arise in almost every large insurance litigation over whether insurance loss reserves and reinsurance information are discover-able. The author examines case law regarding reserves from the perspective of first-party and third-party claims and reviews judicial decisions that differ on the discoverability of reinsurance information.


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" Confronting Evidence of technological Advances in Motor Vehicle Cases: A Defense Counsel's Perspective"
by Tiffany Alexander
In many jurisdictions, evidence of product modifications made by the manufacturer after the date of an accident or injury is inad-missible in court to prove negligence or product defect. But such evidence may be introduced for another purpose, giving counsel an opportunity to educate the jury about a product and its manufacturer. The author offers tips to help defense counsel prepare in motor vehicle and other product liability cases.


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" The Power to Compel Submission of "Others": Are Public Adjusters Subject to Examination Under Oath Provisions?"
by Keala C. Ede
Opinions differ on whether an examination under oath (EUO) provision in an insurance policy applies to a public or independent ad-juster retained by an insured. Based on an examination of conflicting judicial decisions, one author contends that, if either a policy does not extend to “others” or facts don’t support the insured’s power to compel submission, one cannot predict whether an EUO provision would apply to a public adjuster.


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" The Art of Persuading Jurors: Direct and Cross-Examination of Experts"
by Mark A. Drummond
Expert witnesses create special challenges for counsel. An experienced trial lawyer and judge offers tips to help litigators convince juries of the supremacy of their expert, ensure that the jury actually understands the subject behind the expert opinions at issue, and avoid snares in direct and cross-examination of expert witnesses.


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" Mediation: An Effective Way to Connect with Clients"
by John Bates Jr.
More than merely a process to settle cases, mediation presents marketing opportunities for lawyers to work collaboratively with clients to showcase their skills, solidify relationships, and develop future business. The author discusses how involving your client from the outset and staying connected with the client are keys to ensure a positive mediation experience.

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