Pleadings Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/pleadings/ Fort Myers Florida Trial Attorney Wed, 29 Nov 2023 14:55:33 +0000 en-US hourly 1 Pitards and Hoisting Come to Mind https://thethompsonlawfirm.net/pitards-and-hoisting-come-to-mind/ Wed, 29 Nov 2023 14:55:33 +0000 https://thethompsonlawfirm.net/?p=23510 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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]]> 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 failed to prove that it had served the defendants with notice of its suit, putting an early end to its case, a Florida federal judge decided Tuesday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1770639?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-29&read_main=1&nlsidx=0&nlaidx=15?copied=1

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]]> “Barebone affirmative defenses have always been deficient,” he told the court. https://thethompsonlawfirm.net/barebone-affirmative-defenses-have-always-been-deficient-he-told-the-court/ Thu, 22 Jun 2023 12:58:18 +0000 https://thethompsonlawfirm.net/?p=22869 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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]]> 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 the government’s apathetic response to the lawsuits, the plaintiffs pointed to its negligence defenses. The plaintiffs told the court these aren’t negligence cases; they’re cases based on statutory claims.

Civil procedure rules bar “formulaic, boilerplate defenses,” said attorney Zina Bash of Keller Postman LLC. She said the defenses are inefficient, immaterial and need “more precision.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1691269?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-22&nlsidx=0&nlaidx=1?copied=1

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