Is the Evidence that the Medical Damages were Reasonable Admissible?
A prior post discussed the importance of having evidence as to whether medical damages are reasonable. This post discusses whether
Read moreThe Long Odds of a Successful Discovery Writ
You think your client has suffered a grievous, horribly wrong, entirely baseless discovery ruling![1] Then you decide that “zealous representation,”[2]
Read moreIs Negligence Enough for a Spoliation Remedy?
There is a saying that when the facts are against you, argue the law. When the law is against you,
Read moreNo Spoliation for ESI Lost Through Negligence
Five years ago FRCP 37(e) was revised and eliminated spoliation remedies based upon negligence in retaining electronically stored information. It
Read moreLazy Non-Retained Expert Disclosures
In my practice I often see disclosures that list treating physicians as witnesses. There is often a generic, cut and
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