THE TRIAL LAWYER'S GUIDE 1995 CUMULATIVE INDEX SUPPLEMENT for Trial Lawyer's Guide 1991-1994 Annual Volumes by JOHN J. KENNELLY and the Publisher's Editorial Staff CB CLARK BOARDMAN CALLAGHAN ® DEERFIELD, IL *« NEWYORK, NY + ROCHESTER, NY Customer Service: 1-800-323-1336 Pub 6/95 COPYRIGHT © 1992-1995 BY CLARK BOARDMAN CALLAGHAN, A DIVISION OF THOMSON LEGAL PUBLISHING INC. ALL RIGHTS RESERVED "This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service."—-From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers. List of Index Topics References are to topic headings. Lower level index entries for headings followed by a "see" cross-reference are contained under the cross-referenced topic only. Lower level index entries for head- ings followed by a "see also" cross-reference are contained under both topics. ACCIDENT REPORT AVIATION LAW ACCOUNTING BIBLIOGRAPHY ACTION BOY SCOUTS OF AMERICA ADMIRALTY LAW BRIEF ADMISSIBILITY OF EVIDENCE BUILDINGS ADMISSIONS BYSTANDERS AFFIDAVIT CALIFORNIA AGENCY CAMERAS IN COURTROOM AIR TRAFFIC CONTROLLERS CAUSATION; see Proximate Cause AIRPLANE ACCIDENTS CHEMICALS AIRPLANES CHILDREN ALABAMA CHOICE OF FORUM; see Forum, AMENDMENTS Choice of APPEAL AND ERROR CHOICE OF LAWS ARGUMENTS CIGARETTES; see Tobacco ASBESTOS CITIES ATTORNEY-CLIENT PRIVILEGE CIVIL RIGHTS ACTIONS ATTORNEYS CLASS ACTIONS ATTORNEYS' FEES CLOSING ARGUMENT AUTOMOBILES COMPUTERS AVIATION CONCLUSIONS Page i TLG INDEX—SUPPLEMENT CONDOMINIUM ASSOCIATIONS DOCUMENTS CONFLICTS OF INTEREST DUE CARE; see Duty of Care CONSORTIUM, LOSS OF; see DUE PROCESS also Society, Loss of DUE PROCESS OF LAW CONSTITUTIONAL LAW DUTY OF CARE CONSULTANT EARNINGS CONSUMER FRAUD AND ECONOMIC LOSS DECEPTIVE BUSINESS ELECTRICITY PRACTICES ACT OF ILLINOIS EMBEZZLEMENT CONTRACTS EMINENT DOMAIN CRIME EMOTIONAL DISTRESS CRIMINAL LAW EMPLOYEES CROSS-EXAMINATION EMPLOYEES AND AGENTS DAMAGES; see also Punitive ENTRY UPON LAND; see Damages Inspection DEATH BY WRONGFUL ACT ENVIRONMENTAL CONTROL DEFAMATION ESTOPPEL DEFAULT JUDGMENT ETHICS DEPOSITIONS EVIDENCE DESIGN DEFECTS EXCESS INSURERS DIRECTED VERDICT EXCESSIVE VERDICTS DISCOVERY EXHIBITS DISCOVERY OF DOCUMENTS EXPERTS DISCRIMINATION; see Civil FALSE CLAIMS ACT Rights Actions FEDERAL AVIATION ACT DISMISSAL OF ACTION; see FEDERAL COURTS Voluntary Dismissal FEDERAL JURORS DISTRICT OF COLUMBIA FEDERAL PREEMPTION DIVORCE FEDERAL RULES OF CIVIL DNA IDENTIFICATION; see PROCEDURE Evidence FEDERAL RULES OF DOCUMENTARY EVIDENCE EVIDENCE Page ii TLG INDEX—SUPPLEMENT FEDERAL TORT CLAIMS ACT INTERROGATORIES FEES INTERVENTION FIFTH AMENDMENT INVITEE FORESEEABILITY JONES ACT FORMS JUDGES FORUM, CHOICE OF JURISDICTION FORUM NON CONVENIENS JURY FOURTEENTH AMENDMENT JURY SELECTION FREEDOM OF SPEECH JURY TRIAL GOLF INJURIES JUST COMPENSATION GOVERNMENT CONTRACTOR LAND DEFENSE LANDLORD AND TENANT HEARSAY LAW FIRMS HEART INJURIES FROM LAWYERS BLUNT CHEST TRAUMA LEGAL WRITING HEDONIC DAMAGES LIABILITY HOSPITAL NEGLIGENCE LONG-ARM STATUTE HOSPITAL RECORDS LOSS OF ENJOYMENT OF HOSPITALS LIFE HOTELS MALPRACTICE ILLINOIS MANDAMUS IMMUNITY MANUFACTURER'S DIRECT IMPEACHMENT LIABILITY INDEMNITY MANUFACTURING DEFECTS INDEPENDENT CONTRACTOR MARITAL PROPERTY INDICTMENT MARITIME LAW INDUSTRIAL INJURIES MEDIA INSPECTION MEDICAL MALPRACTICE; see INSTRUCTIONS TO JURY also Malpractice INSURANCE MEDICAL TREATMENT INTENTIONAL ACT MEDICAL WITNESS INTERNATIONAL LAW MICHIGAN Page ili TLG INDEX—SUPPLEMENT MILK PRODUCERS PREEMPTION; see Federal Preemption MONTREAL INTERIM AGREEMENT PREMISES LIABILITY MULTIDISTRICT LITIGATION PREMISES LIABILITY AND CRIMINAL ASSAULTS MUNICIPAL CORPORATIONS PREPARATION NATIONAL TRANSPORTATION SAFETY BOARD PRETRIAL CONFERENCE NEGLIGENCE PRETRIAL PROCEDURE NEGLIGENT OPERATION OF PRODUCTS LIABILITY AUTOMOBILE; generally PROOF NEGOTIATION PROPERTY RIGHTS NEW JERSEY PROPRIETOR NEW YORK PROSECUTING ATTORNEYS NO-FAULT; see Automobiles; PROTECTIVE ORDERS Insurance PROXIMATE CAUSE OBJECTIONS PSYCHIATRIST OBSTETRICS PUBLIC POLICY OFFERS OF JUDGMENT; see PUNITIVE DAMAGES also Settlement QUI TAM ACTIONS OPENING STATEMENT RACKETEERING INFLUENCED OPINION EVIDENCE AND CORRUPT PARENT ORGANIZATIONS ACT (RICO) PARTNERSHIP RAPE REAL PROPERTY PASSENGERS RECKLESS ACTS PATENT INFRINGEMENT REQUEST FOR ADMISSION OF PERSONAL INJURIES; see also FACTS various types of injuries REQUESTS TO ADMIT FACTS; PHYSICIANS AND SURGEONS see Admissions PLEADINGS RES IPSA LOQUITUR POLICE RESELLERS; see Products POLICE REPORTS Liability PRACTICE OF LAW RESPONDEAT SUPERIOR Page iv TLG INDEX—SUPPLEMENT RULE 11 OF FEDERAL RULES ULTIMATE FACTS OF CIVIL PROCEDURE UNITED STATES SCIENTIFIC FACTS VENUE SCIENTIFIC WITNESSES VERDICTS SERVICE OF PROCESS VICARIOUS LIABILITY SETTLEMENT VIDEOTAPE SMOKING; see Tobacco VOIR DIRE EXAMINATION SOCIAL HOST VOLUNTARY DISMISSAL SOCIETY, LOSS OF; see also WAIVER Consortium, Loss of WASHINGTON STATE COURTS WETLANDS STATUTES WILFUL AND WANTON STRUCTURED SETTLEMENTS WITNESSES SUBPOENAS WORDS AND PHRASES TIME WORKERS' COMPENSATION TOBACCO WRONGFUL DEATH; see also TORTS Death by Wrongful Act TOXIC SUBSTANCES X-RAYS TRESPASS ZONING TRIAL Index Supplement REFERENCES ARE TO YEAR AND PAGE OF ANNUAL VOLUMES ACCIDENT REPORT military mishaps Aircraft Mishap Report, 91-138, 91-150 hearsay exception, 91-135 NTSB reports, compared, 91-142 pilot error, 91-138 National Transportation Safety Board Reports conflicts among Federal Rules, 91-144, 91-151 FAA prohibition on admissibility, 91-142, 91-144 et seq. probable cause conclusions, government litigants, 91-151, 91-152 Rule 803(8)(C), Federal Rules of Evidence, 91-151 Rule 803(8), Federal Rules of Evidence "fact findings," construction, 91-140 hearsay exception, 91-139 legislative intent, 91-140 NTSB reports, 91-142 opinions and conclusions in factual reports, 91-137 trustworthiness of opinions, assessment, 91-141 ACCOUNTING partnerships actions against general partner, prerequisite, 94-307 ACTION evidence spoliation, 94-519 REFERENCES ARE TO YEAR AND PAGE OF ANNUAL VOLUMES Page 1 TLG INDEX—SUPPLEMENT ADMIRALTY LAW damages limitations of Shipowners' Liability Act, 93-115 jurisdiction navigable waters, what constitutes, 94-61 recreational vessels, duties and liabilities persons in distress at sea, 93-385 river, breach of bank causing flood, 94-61 wrongful death loss of society, 93-294 ADMISSIBILITY OF EVIDENCE government regulations, products liability case, 91-208 ADMISSIONS requests for admission of facts alternating negative form, 944 drafting, 94-1 improper uses, 94-6 responses, 94-10 ultimate issue, 94—7 withdrawal and amendment of admissions, 94-13 AFFIDAVIT protective orders, 93-217 AGENCY Boy Scouts of America scout leader, 92-309 federal agencies discovery, 93-76 AIR TRAFFIC CONTROLLERS Federal Tort Claims Act, 92-376 negligence failure of proof, 92-595 AIRPLANE ACCIDENTS air traffic controller tapes, preservation, 94-477 REFERENCES ARE TO YEAR AND PAGE OF ANNUAL VOLUMES Page 2