Trial lawyers don’t win every argument in front of every judge. And, yes. Some of those losses come on significant issues and important cases. But here’s the thing: there are prescribed ways to deal with those disagreements. You can respectfully present that option to the judge and let him or her know that there are […]
People hate their cable companies. A focus group could have told the defense that before trial. My bet is the defense rode their assumption that the company couldn’t be held responsible for the employee’s criminal conduct all the way to real trouble. It’s a good bet that they misread the jurors all the way through […]
Are we supposed to believe that the Justices who have signed on to the draft opinion shouting that Roe was “always” “egregiously wrong” – since it was decided in 1973 (almost fifty years ago) – were truth-telling during their confirmations when they praised Roe as “important” precedent that they’d never really thought about? If so, […]
The story on the case of Louisiana v. American Rivers in the Environmental Law Institute is here: Justice Thomas and Shadow Docket Abuse By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable […]
A North Carolina appellate court recently ruled that civil litigants need counsel physically present when they are deposed. This wholesale ban on personal attendance of Defendant’s counsel at depositions of its own employees and witnesses presented the constitutional issue Defendant asserts in this appeal and was not supported by existing law, emergency orders, or evidence. […]
And sometimes the critical need to focus on persuasion can understandably affect a trial lawyer’s focus on sometimes mundane legal issues. Behind every good trial strategy lies a series of arguments, objections and rulings that could – theoretically – set a case up for appeal regardless of the verdict. I know this better than most, […]
Florida court trends favor insurance companies against consumers. These trends cut across all manner of insurance and accidents giving rise to claims. The trends highlight the critical need to hire the best trial lawyer you can find to ensure you don’t get taken for a ride. Here is the link: Florida Appeal Courts Side with […]
All that you’ve loved is all you own Tom Waits There’s a saying that all you need to determine someone’s priorities is to see their budget. The judicial corollary to that is majority opinions. Don’t tell me what you’re for in an opinion you write for the dissent, tell me in an opinion where your […]
Florida bars any wrongful death claims for victims of medical malpractice where other families with different types of wrongful death claims are allowed to proceed. I have been fighting against this cruel law for most of my career. While the legislature dithers around with bills proposed to remedy this inequity (powerful insurance and health care […]
It isn’t by accident. And it requires extensive work and communication with the client to let them know ahead of time that new ground is being plowed. It takes time, money and commitment. But when it goes right, it is deeply satisfying. Please visit our website here. At the bottom of the landing page is […]
