Articles

Excess Judgement

BAD FAITH CASES CAN PUNISH STONEWALLING INSURERS Insurance companies are businesses, and like all businesses they seek to maximize their…

19 years ago

The Deposition of the Adverse Expert Witness

By Darren O. Aitken 1. INTRODUCTION A party has the right to depose any expert designated by the opposing party.…

19 years ago

Hitting the High Points – The ‘Philosophy’ of Voir Dire

By Darren O'Leary Aitken, Esq. Noted trial lawyer, Tom Girardi, opines that in the modern era cases are not tried…

19 years ago

“Is the Policy Open”

A. Define "Open Policy" When has an insurer, by virtue of its failure to meet its duties to its insured,…

19 years ago

Setting the Record Straight: Debunking the Myths of Tort Reform

As plaintiffs' attorneys, we are constantly placed in the position of having to defend not only our profession, but also…

19 years ago

Winning Mediations: Successful Preparation for Successful Presentation

By: Darren Aitken Introduction For the litigator, mediation skills are vital. It is no overstatement to proclaim that Alternative Dispute…

19 years ago

Jury Voir Dire Topics (Checklist)

Where they live/who they live with/family make-up Occupation (and relevant occupations of spouse, children, parents, close friends and relatives) Familiarity…

19 years ago

The Use of Evidence in Opening Statement and Closing Argument

Presented by:  The Honorable C. Robert Jameson, Orange County Superior Court  Richard A. Cohn, Aitken Aitken & Cohn I. Fundamentals/Legal Principles…

19 years ago

Public Parks and the Natural Immunity: Duty to Warn (About Mountain Lions and Other Assorted Things)

By Wylie Aitken & Richard Cohn 1. LIABILITY OF GOVERNMENTAL ENTITIES AND PUBLIC EMPLOYEES IS THE RULE, WHILE IMMUNITY IS…

19 years ago

Business Torts: Fertile Land For The Skilled Plaintiff Lawyer (And More Particularly For The Skilled Evaluator)

By Wylie A. Aitken INTRODUCTION This article was inspired by some of the great mentors I have had in my…

19 years ago