The March 8, 2010 edition of the Daily Recorder reports that a divided California appellate court has ruled that witness statements recorded or taken in writing by attorneys or their representatives aren’t privileged work product and, therefore, are open to discovery. The dissenter ruled that the statements were qualified work…
Day on Torts
Death of Howard Twiggs, Trial Lawyer
Former ATLA President Howard Twiggs has died. Funeral services are today. Howard has been a friend for over 25 years and was a leader in the plaintiff’s trial bar and his community. I first met Howard at a NCATL seminar in Chapel Hill, NC when I was still a…
The Tort Reform Movement – Naked
I read Andrew Cohen’s article in the Atlantic (Tort Reform is Anti-Democratic (And Ingeniously Marketed)) and thought I would summarize it for your convenience. Then I discovered that Philip Thomas had already done so, and quickly determined that he did a better job than I would have done. Here is…
Online Accident Reports
Getting motor vehicle accident reports is a hassle, but is appears that it will be getting easier. BuyCrash.com makes accident reports from Georgia, Indiana, and Kentucky available for purchase over the Internet. Accident reports from Tennessee will be available in the future. Thanks to Chris Simon and the Atlanta Injury…
Younger’s 10 Commandments of Cross Examination
Some of you are a little young to remember Irving Younger, the great trial advocacy teacher. Professor Younger developed the "10 Commandments of Cross Examination" that were taught in trial advocacy programs across the country for many, many years. Experienced trial lawyers would take issue with some of Younger’s commandments, arguing…
Lawyer Speaks Out About Allstate Insurance Company
Trey Mills is angry at Allstate. He explains why on his South Carolina Injury Law Journal blog.
Tips for Managing Witnesses
Winning Trial Advocacy Tips is one of the best blogs for trial lawyers in the entire blogosphere. Elliott Wilcox repeatedly delivers useful, timely information of interest to those of us who try cases. I encourage you to add it to your regular reading list. Today, I share with you his…
Patient Rights and Health Care Reform
Will the President sacrifice the rights of patients injured by medical malpractice to get Republicans to sign-off on a health care bill? Steven Olsen explains why the President should not in this article titled "Why Shouldn’t Obama Throw Injured Patients Under the Bus to Get Heath Reform? Ask Steven Olsen." Steven…
New Decision on Diversity Jurisdiction
What is the principle place of business for a corporation for purposes of determining whether a federal court has diversity jurisdiction under 42 U.S.C. Sec. 1332(c)(1)? Well, what you thought you knew is no longer the law. The United States Supreme Court ruled yesterday that the phrase "principal place…
Secret Settlements Seminar
The American Association for Justice is hosting a teleseminar on March 16, 2010 on the ethics of secrets settlements. Get more information here.