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Day on Torts

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Defense Lawyers Call for Changes to the Federal Rules of Civil Procedure

The authors of this article have called for substantial changes in the Federal Rules of Civil Procedure. Included in their proposals is this call for shifting the cost of discovery:   In General. A party submitting a request for discovery is required to pay the  reasonable costs incurred by the…

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No Cause of Action for Spoliation of Evidence in South Carolina

The South Carolina Supreme Court has ruled that there is not cause of action for the negligent spoliation of evidence in that state. In Cole Vision Corp. v. Hobbs,  No. 26988 (S.C. 6/20/11) the defendant counterclaimed and sued plaintiff for negligent spoliation of evidence.  Defendant maintained that plaintiff lost a…

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Nevada Supreme Court Affirms Sanction of Striking Liability Defense Because of Discovery Abuse

 The Nevada Supreme Court has affirmed a trial judge order that struck a defendant’s ability to argue liability, limiting it to contesting compensatory damages.   In Bahena v. Goodyear,  the trial judge struck the defendant’s answer as to liability after it failed to follow prior court orders concerning several discovery…

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Kentucky Supreme Court Holds That Personal Injury Plaintiff Lost Privilege By Claiming Mental Injury

The Kentucky Supreme Court has ruled that a plaintiff who asserted a claim of mental injury waived her right to assert that the psychotherapist-patient privilege protected her prior mental health records. In Dudley v. Jefferson Circuit Court,  2010-SC-000458-M (Ken. S.C. 6/10/2011) plaintiff brought a medical malpractice claim alleging, inter alia,…

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Telephone Triage and Patient Safety

The Doctors Company, a professional liability insurer for physicians, has a "Knowledge Center" on its website that contains lots of useful information. Here is a great example.  In "Telephone Safety and Patient Triage,"  the writer explains that "implementing an effective telephone triage system in the office practice can improve physician-patient…

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Assumption of the Risk Cannot Be Used in Defense of an Amusement Park Case

The California Court of Appeals has ruled that an amusement park operator cannot assert primary assumption of risk as a complete defense to a case arsing from an injury at the park. In Nalwar v. Cedar Fair, L.P.   H03453  (Cal. Ct. App. 6th Dist. 6/10/11), held "that primary assumption of risk…

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