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2019 Articles

Editor’s note By John L. Nisivaco May 2019 An introduction to the issue by John L. Nisivaco.
Editor’s note By John L. Nisivaco April 2019 An introduction to the issue by John L. Nisivaco.
Editor’s note By John L. Nisivaco January 2019 An introduction to the issue by John L. Nisivaco.
Failure to follow UIM policy results in a loss of coverage By Michelle Kohut & Daniel Lynch January 2019 A summary of Allstate Insurance Co. v. Mack, in which the court held that the defendant was entitled to declaratory judgment because plaintiff breached the UIM policy provisions by failing to provide signed HIPAA authorizations and submitting to an examination under oath.
Five things to know about remittitur and additur By Amelia Buragas & Laura Castagna January 2019 A five-point primer on the application of remittitur and additur.
High-low, high-low, it’s off to court we go! The basics of high-low agreements By Hon. Clare E. McWilliams May 2019 It is best strategically to keep the channels of settlement discussion open, from the motions in limine phase of the trial through jury deliberation, even if the other side is taking a “no settlement, no demand, no offer” position.
An inappropriate mediator By Hon. Michael S. Jordan, (ret.) April 2019 Judge Michael Jordan (ret.) reflects on his his experience during a mediation he attended for one of his relatives.
A strategy to address the phantom causation defense in light of Campbell v. Autenrieb By Ronald Kalish May 2019 The court in Campbell v. Autenrieb held the trial court erred in admitting unsupported evidence on cross-examination regarding potential alternative causes of plaintiff’s injuries. 
There is no bright line test for the admissibility of alcohol in a civil case By Daniel O’Brien January 2019 Alcohol is one of the most prejudicial pieces of evidence that can be inserted into any matter, and there is no bright line rule for its admissibility.
Why every litigator should use technology in trial By Kate Conway April 2019 The use of technology during trial helps focus and maintain juror attention.