Weaver v. Myers, M.D.

Lawyers are taught to be circumspect and cautious representing facts. I’m not going to do that here. Because I know better. So with apologies to old-timey practitioners, here is my reading of the Florida Supreme Court’s latest ruling saving consumers from the unrelenting pummeling of the healthcare delivery and insurance markets and their omnipresent and […]

The Jury’s Sense of the Thing

Two weeks ago, I ended a series of posts about the role of Senses in litigation (Taste, Touch, Smell, Sight, Hearing). About the time that I ended those, I ran across something even better. A real scientific explanation of what I was getting at – published in the Journal of Consumer Research. Here it is. So Close I Can […]

Touching

The fourth in a series about the Senses in litigation. The sense of touch is varied and wondrous. Through touch, we appreciate temperature, texture of surface, shape, hardness or softness, elasticity and even weight. Touch is the one sense used from the beginning to the end of a personal injury case. Investigating cases I’ve sifted through roadway debris, patrolled junk […]

Smelling

This is the third (of five) ‘Sense’ posts (Click here for ‘Seeing’ from two weeks ago) on how litigation unfolds, according to our five senses. These were interrupted by Hurricane Irma. The sense of smell can be extraordinarily evocative, bringing back pictures as sharp as photographs of scenes that had left the conscious mind. – Thalassa Cruso […]

Hurricane Irma

The birds knew better. They left ahead the storm. Along with the strange Saturday afternoon cloud formations pushing downriver, this was our prelude to Irma: lifeless air, unadorned with the songs that usually come at the end of a long, hot day. The anti-Opener. Living near the Everglades, it is easy to imagine the natural world reclaiming […]