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Lawyer blogs are boring and jury trials are good. #7A
Lawyer blogs are boring. I chalk this problem up to an understandable but flawed perception of the two privileges that lawyers are taught to honor: 1) attorney-client privilege and 2) work-product privilege. The attorney-client privilege protects private communications between a client and a lawyer. This sensible rule promotes a full and frank discussion so that […]
What is Project 7A?
Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced […]
More Patients Are Losing Their Doctors — And Trust in the Primary Care System
I would add that people I see in my practice have lost their faith in health care, particularly the large institutions – like insurance groups and health systems. “The American Medical Association’s president, Jesse Ehrenfeld, recently called the physician shortage a “public health crisis.”” Here is the link to the story in Kaiser. More Patients […]
Med Mal Plaintiffs (Still) Have Privacy Rights
It isn’t often that Florida appellate courts elevate the privacy rights of plaintiffs over the discovery needs of hospitals and doctors in a medical malpractice case. So this will be a great help. “We understand the burden that in-camera inspections put on busy trial judges,” the panel said. “Nevertheless, that burden may be necessary to […]
This Kind of Courthouse Reporting Reveals a Bias Against Plaintiffs
As reported in Law 360 … The Florida Supreme Court’s recent decision not to reinstate a nearly $31 million jury award against a bar that served alcohol to an underage person who later crashed into a pedestrian was the right call, experts said, and provided much needed clarity on the state’s dram shop statute. Read […]
What Do Trial Lawyers Have In Common With Teachers?
One of the better trial judges I have appeared in front of started as a math teacher. This lawyer did that in reverse. When I entered the classroom each new school year, I became responsible for teaching a group of strangers who may not have wanted to be there, about a subject that they may […]
Punitive Damages
Punitive damage claims are heavily regulated. Your lawyer needs to understand how to plead them and how to prove them. Much of the law restricting punitive damages comes out of all the tobacco litigation that has been in the court system for decades. A new tobacco case on appeal further restricts punitive damage remedies against […]
Hospital Settles Missing Tumor Suit After Admitting It Can’t Find It
I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed. According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the […]
Lawyer Misconduct in Closing Can Get A Verdict Overturned
Defense lawyers who convince a judge to keep out evidence of prior similar accidents don’t get to argue to the jury that there is no evidence of similar accidents. “The misconduct of Appellant’s counsel has resulted in unnecessary expense to his client and to Appellee, a waste of judicial resources, and inconvenience to the jurors […]