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Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more

Chad Elie v. Ifrah Law PLLC [Professional Negligence Claims]

PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH FED. R. CIV. P.26(f) AND LOCAL RULE 26-1(E )

PROPOSED Joint Discovery Plan / Scheduling Order filed by Plaintiff Chad Elie, Defendants Alain Jeffery Ifrah, Ifrah PLLC . (Chattah, Sigal) (Entered: 10/17/2013) [Clerk Notes.] ...more

Mandatory arbitration costs are properly assessed to law firm

In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more

Indiana Supreme Court Weighs In on Medical Malpractice Filing Deadline

This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held, for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint...more

Chad Elie v. Ifrah Law PLLC [Professional Negligence Claims]

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS’ REPLY IN SUPPORT OF MOTION TO DISMISS (FIRST REQUEST)

STIPULATION FOR EXTENSION OF TIME (First Request) for Defendants' Reply in Support of MOTION to Dismiss by Defendants Alain Jeffery Ifrah, Ifrah PLLC. (Terry, Brian) (Entered: 07/22/2013) [Clerk's Notes] ...more

Plaintiff Counsel is Ordered to Pay Costs of Motion Personally

In Vandenbrink v. Vandenbrink et al., a minor plaintiff was involved in motor vehicle accident that occurred on December 18, 2004. The majority of the defendants brought a Motion for an Order dismissing the action for delay....more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure

Sometimes life is best explained by a Will Ferrell character. As an example, the eloquent Ricky Bobby says it best: “I wanna go fast!” Effective March 1, 2013, the Texas Supreme Court introduced changes to the Texas Rules of...more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Perils of Ambiguity in Rule 68 Offer of Judgment

Through the recent employment law 7th Cir. decision in Sanches v. Prudential Pizza, Inc. we examine the danger of failing to be sufficiently specific and clear in a Rule 68 offer of judgment which there resulted in the...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

HC58 - Setting down for trial in medical negligence actions

HC58 - Setting down for trial in medical negligence actions Direction pursuant to Order 36 Rule 2 (c) of the Rules of the Superior Courts With effect from this 20th day of November 2012 proceedings in respect of any claim...more

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to...more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

Aidan Ming-Ho Leung v. Verdugo Hills Hospital California Supreme Court (August 23, 2012) Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to...more

Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought

This article discusses the recent decision by the Indiana Court of Appeals holding that a plaintiff's medical malpractice case against a hospital can proceed to trial where the doctors were apparent agents of the hospital and...more

New Decision Provides No Clear Answer to Complex Medical Malpractice Issue

This article discusses the recent Indiana Court of Appeals decision in Miller v. Dobbs that dealt with a very complicated procedural issue of Indiana Medical Malpractice law and resulted in an even more confusing result....more

Torts

UPDATED THROUGH SEPTEMBER 4, 2012 Medical Malpractice – Harmless Error. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Thayer v. Kabateck Brown Keller LLP: Law Firm Prevails on Anti-SLAPP Motion Against Non-Client Who Sued the Firm in Connection...

On the appeal of a ruling on an anti-SLAPP motion, the California Court of Appeal (First Appellate District, Division Two) recently held that a plaintiff had no standing to sue a law firm for its alleged improper handling of...more

Oliveira v. Kiesler: Attorneys and Non-Attorneys May Be Joint Tortfeasors For Purposes of Offsetting Judgment After Good Faith...

The California Court of Appeal (Fourth Appellate District, Division 3) recently held that an attorney can be a joint tortfeasor with his or her client for purposes of California Code of Civil Procedure section 877. The...more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

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