The Wisconsin Supreme Court has ruled that the State’s $350,000 cap on non-economic losses is unconstitutional under the State’s equal protection clause. An excerpt: “The court must presume that the legislature’s judgment was sound and look for support for the legislative act. But the court cannot accept rationales so broad…
Day on Torts
Libel Case Involving Former Alabama Football Coach
Former Alabama football coach Mike Price is suing Time, Inc. for defamation because of a Sports Illustrated article that stated that he engaged in sexual conduct with several women in a hotel in Florida. Price was fired from his job. There is a fascinating article on the front page of…
If You Want to Write Fiction, Write a Novel
The only thing more frustrating than a lawyer who lies in memos and briefs is a judge who refuse to call down the lawyer that did it. Part of the judge’s job is to rein in people who knowingly misquote cases or misquote the evidence in cases. I am not…
Florida Supreme Court – No Independent Cause of Action for Spoliation of Evidence
The Florida Supreme Court has held that a person may not file a spoliation of evidence lawsuit against an adversary who has lost evidence concerning his or her personal injury claim. However, the trial court may give an adverse inference instruction on the point. Read the opinion here. This decision…
Brachial Plexus Injury Cases
Want to know how at least one defense lawyer plans on defending a brachial plexus injury case? Go to our Medical Malpractice blog.
When You Have A Little Time …..
Listen to Mel Gibson, Michael Douglas, and others read the Declaration of Independence for our listening pleasure. Thanks to Dennis Kennedy for bringing this to my attention.
Problem Clients
Eighty percent of our fees are earned from contingent fees representing plaintiffs in personal injury and wrongful death cases arising from medical negligence, careless truck or automobile drivers, etc. The rest of our fees come from hourly work arising from commercial litigation or, occasionally, plaintiffs in personal injury cases who…
Seminar Opportunity
I mentioned this several months ago but here I go again. Former Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley and I have started offered CLE programs in the Fall. We have expanded the program to allow you to earn all 15 hours of CLE…
Board Certification of Lawyers
Yes, there is a board certification for lawyers. For civil trial lawyers, the only national certification program is one offered by the National Board of Trial Advocacy. See the NBTA website here. I am honored to be the Immediate Past President of NBTA and have served on the Board for…
A Question for the President.
What did the President know above Karl Rove’s role in the outing of Valerie Plame and when did he know it? Rove was suspected early on but did not admit that he was a source. Instead, Rove played cute. Reuters says that “Rove has carefully chosen his words when questioned…