Lawyer blogs are boring. I chalk this problem up to an understandable but flawed perception of the two privileges that lawyers are taught to honor: 1) attorney-client privilege and 2) work-product privilege. The attorney-client privilege protects private communications between a client and a lawyer. This sensible rule promotes a full and frank discussion so that […]
Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced […]
Defense lawyers who convince a judge to keep out evidence of prior similar accidents don’t get to argue to the jury that there is no evidence of similar accidents. “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 […]
I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]
You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1
In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason: Lee’s family successfully argued that […]
A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Read […]
In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in […]
You need a lawyer who has taken the defense the distance – and then some – for leverage against the other side in your serious personal injury case. Unless the lawyers and carriers on the other side believe your lawyer has ‘the guts’, they have no incentive but to delay. Even after an appeal, I […]
Jury Selection inevitably raises interesting social issues that can affect the outcome of your case. The article linked below reveals a relevant issue when a large corporation is a party. To those involved in corporate litigation, the public’s shifting views toward company loyalty and the employer-employee relationship beg the question: How might experiences and attitudes […]
