Articles Posted in Product Liability

cowboy hat and gun
by Michael Pezzulli1

In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2

The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

By Michael F. Pezzulli and Charles J. FortunatoSpoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

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