Preliminary Sections

• Author: Jim Wren/Laura Brown
• Pages: 1-32

PROVING DAMAGES TO THE JURY

BY JIM WREN AND LAURA BROWN

HIGHLIGHTS

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 ISSUES

• Grounds for Frye challenges to exper t 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

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James Publishing, Inc.

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PROVING

DAMAGES

TO THE JURY

JIM WREN

LAURA BROWN

Contact us at (866) 72-JAMES or www.jamespublishing.com