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With this new edition of Proving Damages to the Jury, authors Jim Wren and Laura Brown have updated the book with new and expanded coverage of a broad range of substantive topics, including:
Why Jurors Assess Big Damages
Articulate the relevance of post-occurrence conduct to avoid erroneous exclusion of evidence as a "subsequent remedial measure"
The direct liability of the organization, in failing to put the safety systems in place that could have averted the accident, can be a more persuasive damages argument than the negligence of an individual defendant
Valuations And Damage Models
Updated tables re: computing lost earnings and earning capacity in personal injury/wrongful death cases
Damage Experts and Daubert/Frye Issuesul>
Grounds for Frye challenges to expert testimony
Daubert relevance and reliability objections
Anticipated Revisions to FRE 702
Cases re admissibility of expert testimony by life care planners; vocational experts
Discovery Tactics To Maximize Damages
Plaintiff's treating doctor as a key witness
Testing Damages Before Trial
Inherent group limitations
Virtual testing—screening applicants
When to use a concept focus group; a structured focus group; a mock trial
Witness Examination
How and when to use day-in-the-life videos on direct
New tip for handling an evasive or unresponsive witness on cross
Preparing For Common Legal And Factual Issues
Tax effects arguments in physical injury and other types of cases
Collateral source evidence
Loss of consortium
Wealth of the parties
Economic Loss Rule
Origin of the "limits on negligence" rationale
Updates to Restatement (Third) of Torts: Liability for Economic Harm