Pitards and Hoisting Come to Mind

Nov 29, 2023 Access to Courts, Daily, Insurance, Insurance Companies, Insurance Coverage, Pleadings, Procedure, Service, Wrongful Death Comments Off on Pitards and Hoisting Come to Mind

Insurance companies often use service deadlines to avoid responsibility when plaintiffs have trouble with service of process. I don’t remember seeing an insurance company’s lawyers have the same problem. An insurance company that wanted to avoid defending a company that inspected and certified an amusement park drop tower ride that fatally ejected a 14-year-old boy […]

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“Barebone affirmative defenses have always been deficient,” he told the court.

Jun 22, 2023 Courts, Daily, Law, Pleadings, Statutes, Writing Comments Off on “Barebone affirmative defenses have always been deficient,” he told the court.

My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.” “Barebone affirmative defenses have always been deficient,” he told the court. To show […]

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