Law Books

Proving and Defending Damage Claims - A Fifty State Guide © 2007 by Wolters Kluwer Law and Business of New York, NY - Judge Brown is the Managing Editor of Proving and Defending Damage Claims - A Fifty State Guide by Wolters Kluwer Law and Business of New York, NY, was published on February 20, 2007. The contents of this book include:

Chapter 1 - Medical Malpractice Damages: Causes Of Action In Tort And Contract

Target Defendants

Theories Of Liability

Negligence And Liability

Defining And Explaining Damages - Overview

Defenses

Settlements

Damages Strategies

Specific Tort Reform Issues

Fifty-State Survey - Medical Malpractice Statutes

Chapter 2 - Products Liability Actions

Fifty-State Survey - Product Liability Law

Negligence

Economic Loss Rule

Strict Liability

Breach Of Warranty

Comparative Fault

Chapter 3 - Economic Damages In Personal Injury And Wrongful Death

Loss Of Earnings

Loss Of Earning Capacity

Economic Damages In Wrongful Death

Using Expert Witnesses

Conclusion

Forms And Checklists

Fifty-State Survey - Survival And Death Statutes

Chapter 4 - Recovery For Property Loss

General Explanation: Property, Loss, Value And Burden Of Proof

Theories Of Recovery For Property Loss In Tort

The Spectrum Of Recoverable Damages

Assessing Value Of Loss

Property Insurance

Fifty-State Survey - Recovery For Property Loss

Chapter 5 - Damages In Environmental Torts

Causes Of Action To Redress Environmental Torts

Overview Of Property And Economic Loss Damages In Environmental Tort Cases

Other Considerations In The Measure Of Damages

Consequential Damages

Injunctive Relief For Environmental Torts

Punitive, Exemplary And Special Damages

Strategic Concerns In Damages Cases

Chapter 6 - Remedies For Actions In Equity

Major Forms Of Equitable Claims And Relief

Common Defenses To Equitable Actions

Procedural Aspects Of Claims In Law Versus Equity

Fifty-State Survey - Unjust Enrichment

Chapter 7 - State Consumer Protection Statutory Remedies

Policies Behind The Statutes

Existence Of A Private Remedy

Damage Prerequisite

Actual Damages

Consequential Damages

Emotional Distress

Statutory Minimum Damages

Statutory Treble Damages

Punitive Damages

Injunctive And Equitable Relief

Attorneys Fees

Class Actions

Other Special Limitations On Damages

Development Of The Law From State To State

Fifty-State Survey - Consumer Protection Statutory Remedies

Chapter 8 - Punitive Damages

Constitutional Jurisprudence Of Punitive Damages

The Intertwined Rationales Of Punishment And Deterrence

Class Treatment Of Punitive Damages

Jury Instructions And Appellate Review

Preparing For Effective Appellate Defense Of / Attack On Punitive Damages Awards

Fifty-State Surveys - Punitive Damages

Consumer Protection Damages

Equity Damages

Punitive Damages

Table Of Cases

This book will also be published on electronic libraries by Wolters Kluwer - Commerce Clearing House by the end of the year 2007.

Proving and Defending Damage Claims - A Fifty State Guide is the best selling hardbound law book for Aspen Publishing in 2007.

Scientific Evidence and Experts Handbook © 1999 Aspen Law & Business (now Wolters Kluwer Law and Business of New York, NY) - Today, scientific evidence and scientific experts play an increasingly crucial role in determining the outcome of complex litigation matters. To win these cases consistently and fairly, you need to master the law, the facts, and the science of the case. Given the fast-changing state of the law and the mind-boggling complexity of the scientific evidence itself, that's a tall order for an attorney, judge, or litigation team to fill.

The Honorable James J. Brown is the Editor and Co-Author of Scientific Evidence and Experts Handbook, a comprehensive reference that offers up-to-the-minute information and clear, practical guidance on each and every critical phase of the scientific evidence case.

This treatise expertly brings you up-to-date on the state of the law of scientific evidence and familiarizes you with all the major approaches to presenting and using scientific evidence and experts in today's courtrooms. This essential handbook is prepared by the Brown, with chapters contributed by preeminent lawyers and other professionals with expertise in scientific evidence cases. In a highly accessible volume, these experts provide timely, in-depth analysis, proven techniques, and "how-to" tips for using scientific evidence and experts to your client's best advantage.

Learn what's admissible and what's not. Scientific Evidence and Experts Handbook provides the impetus for you to quickly determine what scientific evidence is admissible, and what's not, in federal and state courtrooms across the country. This essential book brings you up-to-date with the evolving role of the judge as "gatekeeper" in monitoring the quality of evidence that is admitted. You will discover timely analysis of the Supreme Court case, Kumbo Tire Company v. Carmichael and its likely implications. Plus you will be introduced to a detailed overview of the Frye and Daubert tests and their applicability vis 'a vis the Federal Rules of Evidence. A circuit by circuit summary of key rulings on the admissibility of evidence provides further clarity on the key rulings on the admissibility of evidence that provides further clarity on the key circuit court positions.

Gain the edge with the perspectives of expert, seasoned litigators on how to marshal a winning strategy for critical pre-trial phases of the case. You will discover:

• How to frame discovery motions to preclude certain expert witnesses
• How to prevent the exclusion of critical pieces of evidence
• How to frame motions to compel scientific expert discovery
• How to "attack" the opposing scientific expert witness
• Much more

Interspersed throughout each chapter of Scientific Evidence and Experts Handbook, you will find a wealth of expertly prepared practice tools designed to save you time and to make you more effective in dealing with scientific testimony. These practice tools include:

• Sample motions and briefs
• Sample contracts and agreements for hiring and working with scientific experts
• Checklists for selecting scientific experts
• Practical case studies that illustrate proper methodology and testing in environmental toxicology and environmental chemistry
• Hints for simplifying the science for the judge and jury
• Much more

Expert analysis tools and techniques for everyday practice.

This book is updated annually in the online version.

Judgment Enforcement © Second Edition 1999 Aspen Law & Business (now Wolters Kluwer Law and Business of New York, NY) - Uncover proven methods for discovering all the debtor's assets and executing judgments! In every judgment enforcement case, there is a chance you will have to face unfair tactics by the defendant. With the new edition of Judgment Enforcement, you will be prepared! To help you deal with difficult evidentiary issues, this best-selling book offers proven methods developed by judgment enforcement experts to trace hidden assets, develop hard-hitting interrogatories, conduct informal discovery, use experts effectively, employ other innovative discovery and collection techniques. No other resource on the subject offers so many valuable ideas you can use in everyday practice and litigation.

The Honorable James J. Brown is the author of Judgment Enforcement, which is an essential how-to resource created with the busy practitioner in mind. In simple, straightforward terms, Judgment Enforcement clearly explains:

• The steps involved in the federal judgment enforcement process
• The issues to consider in understanding the judgment debtor
• The steps in understanding the judgment debtor
• The steps in handling the post-judgment execution process
• The major theories of recovery in the post-judgment litigation process

With Judgment Enforcement, you will have thorough, well-documented answers to your most difficult questions including:

• Who should be targets of discovery in post-judgment depositions?
• How can you execute against unique assets such as corporate stock and airplanes, state and local governments?
• What are the best methods for execution and judicial sales? How do they differ?
• What post-judgment motions should/can be filed? How are they handled?
• What is the new federal debt collection law? How does it impact the way you handle discovery?

Included with Judgment Enforcement are practice tips and Checklists for all aspects of judgment enforcement.

Judgment Enforcement has significant contributions of chapters by several attorneys who have many years of experience in enforcing judgments.

Everything you need to handle judgment enforcement, post-judgment execution, and recovery - quickly and effectively!

This book is updated annually with a printed supplement and online version update.

This law book has been a best selling law book now since about a year after it was first published.