Dr. Gary Lustgarten testified the for the plaintiff as an expert in a medical negligence trial in North Carolina. Lustgarten testified that in his medical opinion that certain notes made by one of the defendant’s, Jauffman, were inaccurate. After the case settled, one of the defendants filed a complaint about…
I remember years ago trying a case against a well-known lawyer in Nashville (who is still practicing, by the way.) I moved in limine to prevent certain testimony from being introduced into evidence; my motion was granted. Later that day I saw the witness in the hallway who would have…
Moe Levine wrote and let me know that a link to the article that formed the based of my post about admissibility of electronic records was broken. He is right – and now I cannot find the article. I will keep looking. Sorry about that. However, if you go to…
The Eastern Section of the Tennnessee Court of Appeals has affirmed a jury verdict for the plaintiff in a case involving the design of a seat back in a Ford Escort. The case is Potter v. Ford Motor Co., No. E2005-01578-COA-R3-CV; it was decided on June 21, 2006. The opinion…
Pennsylvania lawyer Michael Radbill, a Philadelphia attorney who served time in prison for defrauding insurance companies by filing claims on behalf of personal injury plaintiffs who faked injuries and participated in staging slip-and-falls, has been disbarred. He served a one year prison term – which seems light but seems truly…
How do you get computerized records into evidence? A recent case, In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005), has an extended discussion of the issue. This case conflicts with the law in our federal circuit, United States v. Salgado, 250 F.3d 438, 453 (6th Cir.…
Pre-judgment interest is not the Wicked Witch of the East – it will not die. (Do you remember the unseen WWE? Dorothy parked a house on top of her and ended up with her ruby red slippers – much to the chagrin of WWE’s sister, the Wicked Witch of the…
I hesitate to use this title – my “comments” log is already filled with posts from people who try to sell sex over the Internet. But “Sex Torts” is the name of a law review article by Deana Pollard and, at a minimum, that title got each one of you…
The MCL is a great book and it is now available for free. The new edition “updates the treatment of electronic discovery and other aspects of pretrial management and describes major changes affecting case management in the substantive and procedural law in mass torts, class actions, intellectual property, employment discrimination,…
There are a good number of you folks – almost 50 of you every workday – who check this blog before 8:00 a.m. I typically get up between 4:00 and 4:30 and do my daily post first thing in morning, so some of you have come to expect that I…