For all judges, sovereign and subordinate, if they refuse to hear proof, refuse to do justice: for though the sentence be just, yet the Judges that condemn without hearing the proofs offered are unjust judges and their presumption is but prejudice…In like manner, in ordinary trials of right, twelve men of the common people are […]
I originally posted about this argument before SCOTUS in March here: Physician Liability for #OUD (Arguments in Ruan v. US) The High Court ruled in favor of the pill mill prescribers, setting aside their 25 year prison sentences. “After a defendant produces evidence that he or she was authorized to dispense controlled substances, the government […]
According to health care professionals, academics, and Forbes. The American Medical Association wrote in a statement Friday it is “deeply disturbed” by the decision, which it called an “egregious allowance of government intrusion into the medical examination room,” while the California Medical Association said it “undermines decades of progress in health care for pregnant people,” adding it is a […]
The J6 Committee’s hearings are making it pretty clear that Giuliani, Sydney Powell, Jenna Ellis, and Lin Wood don’t have much protection. But we knew that from the sanctions entered against them in the courts where they appeared for the ex-president. Now the attention turns to the suits filed by the election machine manufacturers against […]
Be respectful in wins and losses. You’ll have both if you are a trial lawyer. Spiking the ball and dancing the Griddy in the end zone to celebrate yourself may turn around and bite you. McKenna’s speech was recorded on video and posted to his firm’s social media page, but quickly removed. Nevertheless, it is now in […]
The sentence is weak. The weakness is deliberate. Madison couldn’t afford, on the one hand, to let the amendment seem to contradict the hard-won federal military power in the Constitution’s main body. He couldn’t afford, on the other hand, to underscore too strongly for the states’ comfort the overwhelming nature of that federal power. The […]
While firearms manufacturers and dealers are shielded in part under the 2005 Protection of Lawful Commerce in Arms Act, which limits liability when their products are used in crimes, New York state passed a law last year designed to allow civil suits to be brought against the gun manufacturers. Unlike politicians, trial lawyers find ways to act […]
In movies, a large truck will pull up to a lawyer’s office with hundreds of document boxes inside. This is a dramatization of a problem your lawyer first learned about in school. Large companies try to take advantage of their size by producing everything they can find in response to any good discovery request. The […]
Discovery in a civil case is not limited to trial evidence. In fact, the rules in most jurisdiction allow discovery of anything that is reasonably calculated to lead to the discovery of admissible evidence. In most medical malpractice cases, this means a list of all prior professional negligence claims (no matter the outcome). These prior […]
Another perspective on the coming decision in Dobbs after the #BigLeak. … we will all wake up one day this summer and experience a fundamental right being pulled out from under our feet. We will feel powerless, lied to, vulnerable, and angry at just how fragile our rights can be. New York Review article by […]
