“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 who took four days out of their lives listening to evidence and rendering a verdict, given that the case must be retried before a new jury,” the panel said Friday. “Such conduct cannot be condoned.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1808976?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-03-04&read_main=1&nlsidx=0&nlaidx=1?copied=1

The post Lawyer Misconduct in Closing Can Get A Verdict Overturned appeared first on The Thompson Law Firm.

Apparently, they need the case more than they fear the repercussions, as they are fighting this on appeal (on their client’s dime).

“Specifically, although Mr. Chiocca had briefly represented the plaintiff with respect to the 2015 motor vehicle accident, the instant lawsuit is related to a wholly separate, unrelated motor vehicle accident, with different factual circumstances,” the response said. “Although the plaintiff made prior complaints which may be relevant to the defense of this matter, the relevancy does not make the matters ‘substantially similar’ within the meaning of [professional conduct rules] such that Cole Scott & Kissane PA, a firm with more than 600 attorneys statewide, should be disqualified from representing the instant defendants.”

Read more at: https://www.law360.com/articles/1806479?e_id=c90c211b-a8dd-46c1-85a6-eb8fff567aa2&utm_source=engagement-alerts&utm_medium=email&utm_campaign=case_updates?copied=1

The post Insurance Defense Conflicts Update … appeared first on The Thompson Law Firm.

Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict because attorney John Chiocca represented Stratemeyer at the outset of a lawsuit related to a 2015 accident that has become a “focal point” for the defense in her current suit involving a crash in 2019 that she alleges left her suffering from a brain injury.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803531?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-16&read_main=1&nlsidx=0&nlaidx=2?copied=1

The post Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty appeared first on The Thompson Law Firm.

The Ohio Supreme Court on Wednesday suspended a criminal defense attorney for one year, with six months stayed, over the attorney filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center just before meeting with the center’s staff in court about a murder case.

Jack Allen Blakeslee waffled on why he did what he did in the first place, according to the Buckeye State justices’ opinion, at one point saying Blakeslee regularly left Pringles cans full of his excrement in random locations as a “prank.” At another time, he claimed he did so as a form of protest without clarifying what exactly he was meant to be protesting, the opinion states.

Even though there is no specific rule prohibiting attorneys from pooping in potato chip cans and throwing them in parking lots, the justices said Blakeslee’s actions indicate he cannot practice law at the moment.

“Despite societal standards of cleanliness and decorum, Blakeslee failed to control his own bizarre impulses to place feces-filled cans out in public for unsuspecting people to find,” the justices said. “His aberrant conduct has adversely reflected on his own fitness to practice law and brought discredit to the profession through significant media attention.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1771015?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-30&read_main=1&nlsidx=0&nlaidx=0?copied=1

The post Everyone Just Needs To Calm Right Down appeared first on The Thompson Law Firm.

In transcripts of various depositions examining the plaintiffs’ four experts, then-Kline & Specter attorney Thomas Bosworth “alternated between being rude, demeaning and obnoxious,” U.S. District Judge Stephanie L. Haines said in her Wednesday opinion, highlighting Bosworth’s use of a “higher-pitched, mocking tone to belittle the female defense counsel.”

Combined, the four depositions lasted a bit under 28 hours, according to calculations presented by the Nelson Mullins legal team, which together amounted to $19,713.50 in fees, the amount of monetary sanctions handed down on Wednesday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1726333?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-28&read_main=1&nlsidx=1&nlaidx=12?copied=1

The post Atty’s Deposition Conduct Nets $19K In Sanctions appeared first on The Thompson Law Firm.

Right actions for the future are the best apologies for wrong ones in the past.

Tryon Edwards, theologian

The post Today’s Quote appeared first on The Thompson Law Firm.

I cannot tell you how often I have felt like the Ohio plaintiff’s lawyers who pursued these issues. Good on them for having the patience, determination, and skill to see it through.

During discovery, Dillon and Maurer filed a motion to compel the production of documents, and the hospital claimed that some of the documents relating to its policies and procedures were confidential and proprietary and asked the plaintiffs to sign a confidentiality agreement before turning them over. The hospital also argued that the documents were not relevant to the proceedings.

The trial court found that the documents were relevant to the standard of care, that the hospital had not shown what harm would occur should they be made public, and that as a not-for-profit business, the hospital was not covered by a state law protecting commercial businesses.

The judges added that while hospital staff said the policies were created by the hospital, they were still based on publicly available information.

“The policies and procedures were created using information gathered from public sources including recommendations and guidelines of national health care associations as well as medical literature,” the judges wrote. “OhioHealth’s ‘unique’ compilation of such information does not transform otherwise public information into confidential information.”

In addition, the panel found that the hospital failed to show what harm would occur as a result of producing the documents, saying Medical Director Dr. Marian K. Schuda’s direct examination testimony was “purely speculative,” as she said, “I’m not aware of any specific harm, but I can tell you it’s not good.”

John A. Lancione of The Lancione Law Firm, representing the parents, told Law360 that the hospital has made the same arguments in other cases, even taking a similar appeal to the Ohio Supreme Court, and lost there as well.

“The opinion came as no surprise,” Lancione said Thursday. “What was frankly surprising was that they actually pursued an appeal.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1699512?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-07-14&nlsidx=0&nlaidx=9?copied=1

The post The Endless Courthouse Drama When Hospitals Are Determined To Hide Their Policies And Procedures appeared first on The Thompson Law Firm.

The mind is not a vessel to be filled, but a fire to be kindled.

The post Today’s Quote: Emerson said reading him caused a “tingling in the blood.” appeared first on The Thompson Law Firm.

Lord, it’s a mighty hard living
But a damn good feeling to run these roads

Tyler Childers, Whitehouse Road

The post Good Feeling appeared first on The Thompson Law Firm.

Don’t be so easy on yourself (don’t be so easy on yourself)
Don’t be so easy on yourself (don’t be so easy on yourself)
Rearrange the voices in your head
Remember what they said
Don’t be so easy on yourself

Drive-By Truckers (Isbell), Easy On Yourself

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