You cannot count on getting more time to do “discovery” in response to a motion for summary judgment. In Guzman-Ruis v.. Hernandez-Colon the defendant filed motion for summary judgment. Plaintiffs received one extension of time to respond, but failed to respond by the extended deadline. Some two months later, plaintiffs…
The Sixth Circuit Court of Appeals reversed a ruling of the trial judge excluding certain experts in a medical negligence case, stating that Daubert’s role of ensuring that the courtroom door remains closed to junk science is not served by the exclusion of testimony supported by relevant experience. The Court…
This is a flow sheet for plaintiff’s lawyers to use in personal injury cases, starting with the first client interview and moving all the way up to the pre-trial brief. This is mainly a big picture view to keep you from missing the forest for the trees in litigation. It…
James’ vasectomy did not go as planned. His wife Corrine became pregnant. They filed suit against his urologist. The Maryland Court of Special Appeals held that Corrine could not file suit against the doctor because there was not a physican-patient relationship. In short, the Court ruled that Corrine did not…
A jury verdict for several plaintiffs who alleged that they were injured by the weight-loss supplement Metabolife 356 was recently reversed by the 11th Cir. Court of Appeals. The Court ruled that the expert testimony offered by the Plaintiff on the causation issue should not have survived at Daubert challenge.…
Dayontorts.com knows no bounds to bring you what’s goin’ down in tort law. Apparently my man Eminem (is it still cool to say “my man”?)(come to think about it, is is still cool to say “cool”?) wrote a “song” called Brain Damage, and told Rolling Stone that the song lyrics…
The Supreme Court Of Mississippi has affirmed a trial court’s denial of motions to dismiss claims brought against a Mississippi bishop and Diocese arising out of priest pedophilia. The Church asserted First Amendment and other claims in an effort to avoid the suit. A discovery dispute was also resolved by…
Last year former Supreme Court Justice Penny White, former Court of Appeals Judge Joe Riley and I started “Justice Programs.” The company produces seminars for Tennessee lawyers. Last year was a great success. We had hundreds of people from across the state attend. This year we have expanded our efforts…
I know this is off topic – but I don’t care. Nancy Grace disgusts me. I know she lost her future husband to a murderer; that is horrible. I know she is profoundly pro-prosecution; no problem. But she is also a lawyer. Her outrageous comments about the legal system offend…
The passage of IRS Code Section 409A cast doubt on the ability of lawyers to structure attorney’s fees in personal injury cases. The IRS has issued new guidelines that make it clear that, if certain conditions are met, attorney’s fees can be deferred in contingent fee cases. Read about the…