Investor Ron Perlman won big in his case against Morgan Stanley. Compensatory damages were $604.3 million. Punitive damages – limited under Florida law to three times the compensatory award – were pegged by the jury at $850 million. Regular readers will recall the the trial judge eliminated liability as an…
In some cases, a personal injury plaintiff will have medical records that merit extra protection against needless disclosure. A prime example: psychological counseling records. This simple agreed protective order can allow the defendants to discover the plaintiff’s mental health records, consult with experts in evaluating the records, and use the…
FRCP 26 disclosures are due so early in litigation, it only makes sense to have a form ready. This is a fill-in-the-blank form for a personal injury plaintiff’s FRCP 26 disclosures. Download file
A plaintiff must prove that all expenses, including medical expenses, are reasonable and necessary in order to recover for them. Without proof of reasonableness and necessity, the plaintiff fails to prove causation between the tort and the medical bill. A plaintiff who provides the defendant with an itemized list of…
Tennessee Rules of Civil Procedure 8.02 and 8.03 set out the basic requirements for defenses asserted in an answer. One critical requirement is that a defendant wishing to assert an affirmative defense must state in short and plain terms the facts in support of that defense, “including the identity or…
Court approval should be sought for settling any case involving a minor (or disabled person), regardless of whether a lawsuit has already been filed or a compromise reached without litigation. T.C.A. sec. 34-1-121 gives the court power to approve the settlement and to waive the usual requirements of guardianship if…
The Florida Supreme Court has held that a plaintiff in a personal injury case cannot recover the gross amount of his medical bills when the plaintiff’s HMO has negotiated a lower rate of reimbursement with the health care providers. The decision is based in part on a Florida statute codifying…
The Supreme Court of North Dakota has ruled that whether or not a reasonable patient would accept the risk of death from a procedure is a jury question and not one for which expert testimony is necessary. The plaintiff’s wife died after an IVP. The doctors admitted that they did…
GE’s Standard Edition of Medcyclopedia includes at no charge all text and images from The Encyclopaedia of Medical Imaging’s eight book volumes: Physics, Techniques and Procedures, Normal Anatomy, Musculoskeletal and Soft Tissue Imaging, Gastrointestinal and Urogenital Imaging, Chest and Cardiovascular Imaging, Neuroradiology and Head and Neck Imaging, and Paediatric Imaging.…
This is an Order entered in Davidson County Circuit Court that effectively shifts the costs of deposing expert witnesses to the defendant if they disclose more than two experts on any subject. The Order requires the defendant pay the court reporter fee, transcript fee, and any expert witness fee associated…