Defense Raises New Argument After Trial To Escape $12M Verdict, Blaming a “Prejudicial” Animation

Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]

The ‘Win At Any Cost’ Mentality of Insurance Defense

Over one hundred thousand dollars in sanctions upheld against an insurance defense lawyer for deliberately poisoning a trial to benefit his client. And it worked – at least for his client, if not for him. I am not surprised in the least. Plaintiffs: Choose your lawyer carefully, and this won’t happen. Hurt was representing the […]

When Your Lawyer Walks Into The Courthouse and You’re Going To Jail

Sure, its superficial but there’s a reason things become a meme. In every endeavor, the most effective participants are often the best prepared. That preparation often includes taking care to protect a routine of putting your best professional foot forward – regardless of the situation. Make it real – every time – and expect nothing […]

Temporary Like Achilles

Yield not to misfortunes, but advance all the more boldly against them. Virgil Like all else, misfortunes are temporary but not fleeting. They are often not necessary or destined. Many are preventable. Those that could have been prevented are often caused by negligence. Rather than submit passively to them like a victim, fight them boldly. […]

“(Judge) Smith said he wouldn’t consent to delaying the trial for any reason “up to and including a zombie apocalypse”.

Federal District Court judges wield an awful lot of unappreciated power. I was joking with a colleague about the “tells” they use – a ‘menacing cough’ came up more than once. Early in my career, I hadn’t been able to read a room that well. One judge actually told me to “stop talking” because “you’re […]

Robot Lawyers and Judges?

If they’re working on AI lawyers and AI judges, why not AI juries? #7A Today, an artificial intelligence firm made a curious offer for any lawyer or person with a case coming up at the Supreme Court to allow an AI to feed them lines, promising anyone who goes through with it will receive $1 million in […]

I’ve written here about the pandemic delays in the court system that delay justice. Well, things are starting to change according to Kaiser.

I’ve written here about the pandemic delays caused in the court system that delay justice. Well, things are starting to change according to Kaiser. Like so many medical malpractice lawsuits filed before the Covid-19 pandemic, the case filed by Rojas’ mother, who moved to Dallas to care for her son, was held up as court […]

Handoff Miscommunications Cause Serious Medical Malpractice Injury

Here’s a link to the story on the Journal of Hospital Medicine Story: Study: I-PASS Handoff Program Helps Reduce Patient Harm And here’s a link to a video, links to published opinions, and a description of my experience litigating and trying handoff miscommunication and other incidents of medical malpractice. My Medical Malpractice Experience Page

Jury awards $28.6 million to man who lost legs when hit by Amtrak train

Many times, there are multiple causes and responsible parties to a terrible accident. Trial lawyers are tasked with identifying each of those parties prior to filing suit. At trial, it is the jury’s job to determine what percentage of blame to assign to each party. Trial lawyers can make recommendations in argument, but the decision […]

First Amendment Rights and “Journalism” versus Defamation Claims

Media silos that push opinion content as fact aren’t getting much love lately. I wrote about Sarah Palin’s recent and failed attempt to hold the New York Times responsible here. They say that bad facts make bad low, but accountability may be a good thing. Hannity, Carlson, Pirro, & Dobbs get to show their homework […]