Products Liability in “Plain English” – The New CACI Jury Instructions

Introduction     In 2003 the Judicial Council of California set forth the new California Civil Jury Instructions (CACI, pronounced “Casey”) which affect virtually all areas of civil practice — including products liability.  The “Preface” to the new instructions indicates that the intent was “to write instructions that are legally accurate and understandable to the average juror.” … read more

Jury Vior Dire Hypothetical Fact Pattern

This is a wrongful death case where Plaintiff Mary P’s 38 year old son, John P., was killed on a construction site (when he came into contact with a live electrical wire that had been unearthed during excavation work). The incident occurred at the University of Orange County, during the construction of this new University…. read more

Major Settlement Reached with Disney in the Sailing Ship “Columbia” Incident

The Law Offices of Wylie Aitken and Disney reached an agreement for settlement in a wrongful death matter of a 34 year old Microsoft Computer Programmer who was struck by a metal cleat which detached from a signature Disney ride “the Sailing Ship Columbia”.  His wife was also struck by the metal cleat and she… read more

Deadly Train Collision

The Orange County based Law Firm of Aitken * Aitken * Cohn has filed complaints to commence formal litigation on behalf of 19 individuals who were significantly injured in the deadly train collision between a Metrolink Commuter Train and a Burlington Northern freight train which occurred on April 23, 2002, in Placentia, California. The lawsuits… read more

Group Requests Ban On Darvon And Other Propoxyphene Based Drugs released an article on February 28, 2006 entitled “Group petitions FDA to ban pain drug.”  In the petition, the group claims that Darvon and related painkillers containing the ingredient propoxyphene are linked to over 2,110 deaths between 1981 and 1999.  Already the United Kingdom has instituted a phase-out of the drug and will eventually… read more

John Chavez

OVERCOMING ADVERSITY: FORMER CLIENTS LIKE JOHN CHAVEZ CONSTANTLY REMIND US WHY WE REMAIN DEDICATED TO PERSEVERING ON THEIR BEHALF Our former client, John Chavez, was recently honored by the Golden West College Foundation at the school’s “Courtyard of Honor” ceremony. At the ceremony, a bronzed plaque with John’s picture was unveiled and pridefully displayed on… read more

President’s Message

By: Richard Cohn Ten years ago, a young medical malpractice defense lawyer, who had been practicing law for just two months, was asked by the supervising partner of his fifty lawyer firm to write a Motion for Summary Judgment. The motion was to focus on the failure of the plaintiff to file her complaint within one year… read more

Using Voir Dire to Secure a Winning Verdict

By: Wylie Aitken I. Introduction The modern day trial lawyer finds he or herself in a very interesting, difficult and serious dilemma.  More and more inroads are being made to substantively and procedurally limit a trial lawyer’s role in voir dire, while at the same time more and more resources are devoted to manipulating the public… read more

Truck Safety

The recent tragic events surrounding the death of a well known optometrist in Anaheim Hills has re-focused the Orange County community on truck safety. On March 8, 2001, a dump truck with attached trailer apparently lost its brakes traveling down Imperial Highway at the intersection of Nohl Ranch Road, in Anaheim Hills. Due to the… read more

Chapman Law Dedicates Wylie A. Aitken Courtroom

A supporter of Chapman University’s School of Law from its inception, Wylie Aitken and his wife Bette have given the school a financial endowment to establish what will be called the Center for Lawyering and Advocacy Skills. The new center enables students to build skills in negotiation, mediation, client counseling and trial and appellate advocacy,… read more