Rebutting Anti-Civil Justice Propaganda
September 2000
By Frank Pasternak
The Verdict, Wisconsin Academy of Trial Lawyers, 23:2, Summer 2000 In February, Gov. George W. Bush released his “Comprehensive Plan to Reform the Civil Justice System,” which declares that “A litigation explosion is clogging America’s civil courts, costing U.S. high-tech companies, small businesses, and consumers more than $150 billion a year.”[1] It also states that …
Permitting Pretrial Discovery of Surveillance Material is Long Overdue
January 2000
By Frank Pasternak
The Verdict, Wisconsin Academy of Trial Lawyers, 23:1, Spring 2000 Just before midnight on July 19, 1986, a drunk driver struck and injured a pedestrian, Valerie Ranft. The driver was convicted of causing injury while intoxicated, and Mrs. Ranft and her husband sued the driver and his insurer as a result of their injuries. In …
Tortfeasors Try to Profit from Managed Care
June 1999
By Frank Pasternak
THE VERDICT, Summer 1999 Recently, the defense bar has employed a new tactic, which if successful, allows defendant-tortfeasors to obtain a fortuitous windfall at the expense of an injured person.[1] The tactic, a clear attempt to circumvent both the collateral source rule and law of damages, is generally viable only when the injured person has …
Important Steps in Discovery against Wal-Mart
September 1998
By Frank Pasternak
ATLA Motor Vehicle Collision, Highway & Premises Liability Newsletter, Fall 1998 Thorough discovery leads to successful litigation, but often such discovery is dependent upon networking with other attorneys and sharing of information. I recently second-chaired a case that was tried by James J. Murphy and resulted in a $4 million verdict against Wal-Mart. The …
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