Insurance Defense Conflicts Update …

There is an update on a story I blogged about here, involving a defense firm disqualified from an auto negligence case because one of its lawyers previously worked for the plaintiff on a prior similar claim. Apparently, they need the case more than they fear the repercussions, as they are fighting this on appeal (on […]

Today’s Quote

The truth is the light and the light is the truth. Ralph Ellison, Invisible Man In his groundbreaking 1952 book “Invisible Man,” Ralph Ellison introduces an unnamed African American narrator who relates his story from a basement-dwelling lit with 1,369 light bulbs. This room filled with light represents the man’s choice to see his life […]

Juror Misconduct Warrants New Trial In Birth Injury Suit

I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]

Law Students Are Learning To Be Trial Lawyers In A “Flight Simulator”

Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1804884?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-21&read_main=1&nlsidx=0&nlaidx=1?copied=1 Based on real-life experiences, I have suggestions for “curveball” fact patterns to throw at these […]

Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer

You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

Talk about an understatement …

I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]

Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

I’m not sure how having a personal relationship with co-counsel merits disqualification, but I know how an insurance defense lawyer using your attorney client communications from a previous case in which he represented you causes a serious problem. Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict […]