The Mississippi Supreme Court accepted review of a case where the plaintiff failed to attach either an attorney’s certificate of consultation, or an expert disclosure in lieu of the certificate, as required by Mississippi Code Annotated Section 11-1-58 (Rev. 2007). The question is whether that fact required a dismissal of the…
Paul Luvera is a highly-regarded trial lawyer from Seattle. His blog has this great post on slogans (read: themes) for trying product liability cases for the plaintiff.
Do you have an e-discovery issue? Look to this database, which has over 1000 cases on the issue from state and federal courts, for assistance. Thanks to K&L Gates for compiling and maintaining this resource.
The Saturday Night Live video.
Smart defense lawyers know that sometimes the best defense is to admit liabilitiy and talk about damages. This article – "Defending the Damages Only Case" – is written by Mercer Clark of Miami. It appeared in the Winter 2008 edition of the Federation of Defense & Corporate Counsel Quarterly. Defense…
The Tennessee State Board of Medical Examiners has a policy about prescribing drugs. It applies to any prescription written for a patient, whether in person, electronically, or over the Internet. The policy includes the following: (1) Except as provided in paragraph (2), it shall be a prima facie violation of…
We all know that Medicare and Tenncare has a subrogation right in PI and wrongful death cases, but new information being sought by Medicare has lead some lawyers to believe that Medicare will now be looking at case proceeds for payment of future medical bills. The Medicare, Medicaid and SCHIP Extension…
Written by Will Bunch, as found at www.philly.com. Palin’s Speech to Nowhere Sarah Palin delivered a great speech tonight — for her party, for John McCain, for herself, for what she set out to accomplish. This was America’s first real glimpse at the Alaska governor, and what we saw was…
In most states the duty to defend an insured in litigation is broader than the duty to indemnify that insured. Here is a 50-state survey prepared by the highly regarded Chicago-based firm of Hinshaw & Culbertson on the duty to defend. Here is how they describe the 105-page publication: Duty…
It is not uncommon for the defense in personal injury cases to attack the character of the plaintiff. It seems to me that young defense lawyers particularly enjoy doing this to uneducated, unsophisticated plaintiffs. The defense in a products case in California introduced evidence that the plaintiff had a mistress…