CFES Publications
Pennsylvania Courts Make the Case for Detailed Damages Defense
Wednesday, 27 November 2013
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What’s It Worth? Discovery for Economic Damages
Wednesday, 27 November 2013
OFCCP Self Audit Option: A Trojan Horse?
Tuesday, 26 November 2013
The Office of Federal Contract Compliance Programs’ recent gift to contractors — a program under which contractors can submit their own analyses of equal-pay compliance — might prove to be a Trojan horse. The OFCCP is asking companies to do its work for it by performing internal evaluations of equal-pay compliance. In return, the OFCCP
Pre-RIF Statistical Audits
Tuesday, 26 November 2013
Employers contemplating reductions in force (RIFs) can avoid or minimize exposure to discrimination claims by conducting pre-RIF statistical audits. A comprehensive audit identifies potential vulnerability prior to a suit being filed and will help ensure that data and documentation exist showing that any disparities are the result of nondiscriminatory factors. These audits help deter discrimination
An Academic Study and a District Court Dispute the Hedonic Damages Theory
Tuesday, 26 November 2013
By Jerome M. Staller, Ph.D. and Scott F. Gibson, Esq. The “hedonic damages” theory, under which some experts claim to be able to assign a dollar value to the “enjoyment of life,” has come under attack on two fronts recently — an academic study brings into great question the validity of such testimony, and an opinion
- Published in CFES Publications, Hedonic Damages, Personal Injury Cases
Hedonic Damages
Tuesday, 26 November 2013
By Chad L. Staller, MBA, JD, MAC What Is Hedonic Damages? Despite repeated stakes through the heart of hedonic-damages testimony — studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony — the economic hedonists are still
- Published in CFES Publications, Hedonic Damages, Personal Injury Cases
Worklife Tables Skew Damages Claims
Tuesday, 26 November 2013
by Jerome M. Staller, Ph.D. A recent trend warrants careful consideration by plaintiff and defense counsel in personal-injury matters where damages to earning capacity is a key issue. Certain vocational counselors, usually with degrees in education or career counseling, are representing themselves as having expertise in economics — specifically, the ability to calculate lost earnings
Problems With The ‘New Worklife Tables 2006’: Still Problematic Despite Changes
Tuesday, 26 November 2013
by Jerome M. Staller, Ph.D. Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of his New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person’s lifetime. The Tables are used almost exclusively by plaintiffs
Delayed-Diagnosis Damages: A Gray Area in Need of Clarification
Tuesday, 26 November 2013
By Jerome M. Staller, Ph.D. In failure-to-diagnose or delayed-diagnosis cases where the plaintiff’s life expectancy has been or may be reduced by the defendant’s actions, economic damages fall into a hazy area somewhere between personal-injury damages and death damages. Measuring damages either under strict personal-injury standards or strict death standards can lead to some significant
Determining the Lost Earning Capacity of Injured Business Owners
Tuesday, 26 November 2013
By Chad L. Staller, JD, MBA, MAC Damages to business owners are not necessarily synonymous with lost profits. When dealing with an injury claim involving a business owner, these four questions are crucial to effective discovery: What type of business entity does the plaintiff have an interest in? Who is the claimant, the business or