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. […]
Thomas Jefferson had no idea about the internet. Thanks, Zuckerberg.
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, […]
I watched the American Bar Association’s recommendation of Judge Ketanji Brown Jackson’s nomination to the Supreme Court. It all made sense. She’s highly qualified. We can all celebrate that she served as a public defender, tried civil rights cases, and served as a trial judge before being elevated. These are qualities that are historically underrepresented […]
The Jury consequently invests the people … with the direction of society. Alexis de Tocqueville, Democracy in America Yesterday, Sen. Sheldon Whitehouse (D-RI) used a lot of his time during the Ketanji Brown Jackson nomination hearing to champion the Constitutionally protected 7th Amendment right to a jury trial. He argued that SCOTUS, the Chamber of […]
During a hospital stay, there are many ways for things to go sideways. For a timely and successful discharge, every health care provider and every department has to be working as one – each fulfilling their part toward the end goal of stabilizing the patient and putting them on the road to recovery. The nursing […]
That is the title of an excellent story making the rounds (link below). Academic controversy isn’t new. Nor is political correctness. But the latest round of book burning and hog tying teachers about what can be taught or said in a classroom (Florida’s new “Don’t Say Gay” law is an excellent example) is getting out […]
The House vote gave some hope that this was the year that Florida would recognize the inequities in the Wrongful Death Act that discriminate against victims of medical malpractice. But the special interests appear to have won out yet again – at the expense of Florida families. Florida’s legislature passed the bill that immunized hospitals, […]
For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different […]
Judge Katanji Brown Jackson, prematurely referred to as KBJ here, is being feted at Congress this month after her SCOTUS nomination. Much is made of her being the first black woman nominated. But she would also be the first public defender appointed in a generation or two. At her press announcement, she name-checked my favorite […]
