Well, yesterday I had to be a lawyer again, taking a deposition in a matter pending in Bankruptcy Court where we have been hired to represent the Trustee. I find myself doing more and more commercial litigation and, quite frankly, it is quite enjoyable. I majored in business and economics…
Law.com has published an interesting article titled "Who Killed the Mass Tort Bonanza?" The opening paragraph: "The power of the plaintiffs bar is on the wane in this country, and will be for a long time to come." Followed shortly thereafter by this: "Neither [business interests or trial lawyers], however, would…
In Pruitt v. Hancock Medical Center, NO. 2005-CA-00132-SCT (Miss. S. Ct. 11/16/06), Plaintiff had a personal injury claim that was not disclosed in a bankruptcy filing. The injury occurred before the bankruptcy petition was filed. She received a discharge of her debts in her Chapter 7 proceeding, and then took…
This fascinating article is written by J.D. Hull, a lawyer from San Diego. It is called "Professionalism Revisited: What About the Client? It makes some wonderful points about the client view of what we call in the South the "good ol’ boy system" of law practice. We are seeing increasing…
Here is an interesting article on the new Adobe 8
The Federal Rules of Civil Procedure are being changed to make them more readable. This post from Trial Ad Notes discusses the change and gives an example on how Rule 6 would be re-written. All 250 pages of the proposed revisions may be found here. The rules are still in…
Plaintiff filed an affidavit from an expert witness in opposition to a motion for summary judgment in a medical negligence case. The expert – from UAB in Birmingham – explained that he understood the standard of care in Memphis because of the following: 2. I am familiar with the standard…
Defendant Farmers Insurance Exchange convinced the trial court that it should enter a protective order limiting Plaintiff’s counsel ability to distribute documents produced in the litigation by the defendant and limiting Plaintiff’s counsel’s use of Defendant’s documents that Plaintiff’s counsel obtained from other sources. The later documents had been produced…
The New York Times did a great piece on the regulation of the trucking industry yesterday. One blurb: "In loosening the standards [applicable to the trucking industry], the Federal Motor Carrier Safety Administration was fulfilling President Bush’s broader pledge to free industry of what it considered cumbersome rules. In the…
Here is an interesting article on a lawyer who sues lawyers.