The Deborah L. Rhode Center Newsletter

Nora Freeman Engstrom, a law professor at Stanford University, said a signed waiver may still not absolve the company in a wrongful death case. “If an operator behaves recklessly, most courts will not let the operator off the hook,” Engstrom said. Many waiver forms that are signed before high-risk recreational activities take place, like skydiving, snorkeling or skiing, are frequently enforceable, as long as they are clearly written, said Engstrom, who added that the scope of an accident, should one occur, also must be encompassed within the contracts.
In a friend-of-the-court brief filed Monday, the ethicists urged the high court to reverse a decision by the Oklahoma Court of Criminal Appeals, the state’s top criminal court, that held that due process was not jeopardized by the prosecution’s failure to correct Sneed’s testimony.
The scholars — Nora Freeman Engstrom, Bruce A. Green, Peter A. Joy, W. Bradley Wendel, Ronald F. Wright and Ellen C. Yaroshefsky — said the state court assumed that prosecutors are not obligated to correct a witness’ false testimony when the statement was not deliberate, may not change the outcome of a trial, or when defense attorneys failed to expose the falsehood in cross-examination.
Two other amicus briefs were filed yesterday, both supporting Glossip’s petition. A brief filed by law professors Nora Freeman Engstrom et al. argues that the Court should review the issue of a prosecutor’s obligations in connection with correcting false testimony at trial. A brief filed by the Innocence Project argues that the OCCA failed to properly defer to the opinion of the Oklahoma Attorney General about this case.
Even as some other efforts to open up the practice of law to non-attorneys have stalled, the licensure of paraprofessionals to help legal consumers primarily in the areas of family law and landlord-tenant law have flourished in recent years, with a marked uptick during the last three years.
David Freeman Engstrom contributed to the ABA Journal in “What I wish I’d learned in law school”
David Freeman Engstrom was interviewed by Law360 in “Stanford Prof Talks Future Of Legal Tech And Civil Justice”.
David Freeman Engstrom was interviewed by Law360 in “Stanford Prof Talks Future Of Legal Tech And Civil Justice”.
“It’s a headline-grabbing sum, but it will never come to pass,” said Nora Freeman Engstrom, law professor at Stanford University.
Courts have typically held that punitive damages should be no more than nine times as high as the compensatory damages, Ms. Engstrom said, which in this case, totaled $24 million.
“Trial courts have broad latitude to impose sanctions for improper conduct, particularly when that conduct interferes with courtroom processes,” Ms. Engstrom said.