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Professional Practice Personal Injury

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

by Reed Smith on

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

Building Business Relationships: Why Finding a Good Court Reporter is Key

At the law offices of Barry P. Goldberg, we firmly believe that a finding great court reporter service and maintaining that business relationship can be invaluable. Quite simply, good court reporters can make a big difference...more

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

by JAMS on

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are...more

CA Supreme Court Expands Scope of Lawyers’ Statute of Limitations to Non-Legal Malpractice Claims – Confusion Predicted for Law...

In Lee v. Hanley (S220775 – Filed 8/20/2015), the California Supreme Court clarified the meaning of Code of Civil Procedure section 340.6 by holding that its limitations period applies to claims against attorneys “whose...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

by Reed Smith on

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation...

by Melito & Adolfsen on

Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more

A Judgment Cannot Not Lie Against Attorney Who is a Non Party

by Hinshaw & Culbertson LLP on

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Simplify and Emphasize in Litigation Graphics

by Cogent Legal on

In oral argument, a litigator has very limited time—she needs to hit the high points and move on. She must communicate enough information to convince the judge or jury of her argument, yet must avoid getting mired in...more

Why Should an Investor or Business Conduct an Asset Search

by Edward Amaral on

If used properly and if conducted by a reputable asset search company, asset searches can be used as a valuable pre-investment tool for an investor, partnership, joint venture or other business entity before entering into a...more

How to Build the Visual Foundation of Your Case

by Cogent Legal on

We all know by now that we live in a world in which information is delivered visually, and that people learn best when they have visual aids. Attorneys who head to court with demonstratives to show as well as tell their case...more

Asset Searches and the Collection of Debt

by Edward Amaral on

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

To Sue or Not to Sue

by Edward Amaral on

It is not always easy to make a decision when it comes to filing a lawsuit against a debtor. Before one can choose whether or not to sue, they should know whether the debtor has sufficient assets to secure payment or if the...more

Why Conducting an Asset Search is an Essential Due Diligence Tool

by Edward Amaral on

The most obvious use of an asset search is when a client is injured in an automobile accident client or personal injury case. The attorney representing his clients must use due diligence to determine whether the person or...more

Why Should Heirs and Personal Representatives Conduct and Asset Search

by Edward Amaral on

Losing a loved one is difficult enough, but having to deal with settling the deceased person's estate can amplify the stress and grief. Usually, when someone dies, an executor is appointed to carry out the wishes of the...more

Post Asset Search Legal Tools

by Edward Amaral on

Conducting an asset search on a subject is the first step for businesses and individuals to receive payments that are due to them. Most thorough asset searches cost less than $300.00 and provide existing assets of a subject...more

Is Your Spouse Hiding Assets?

by Edward Amaral on

The division of assets and liabilities can be one of the most difficult tasks in a divorce today. Many people commit to marriage without a Pre-Nuptial Agreement or without substantial knowledge of their fiancé’s financial...more

How to Escape PowerPoint Video Hell

by Cogent Legal on

I’ve been thinking a great deal about PowerPoint recently, and not in a good way. At Cogent Legal, we have been working hard on a number of cases that involve extensive use of PowerPoint for the client, and I often feel that...more

How Your Company Can Benefit From an Asset Search

by Edward Amaral on

It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor health; banks have cut back in lending; the bankruptcy and...more

To Sue or Not to Sue

by Edward Amaral on

It is not always easy to make a decision when it comes to filing a lawsuit against a debtor. Before one can choose whether or not to sue, they should know whether the debtor has sufficient assets to secure payment or if the...more

How Your Company Can Benefit From an Asset Search

by Edward Amaral on

How Your Business or Company Can Benefit From an Asset Search It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more

Why and When to Conduct an Asset Search

by Edward Amaral on

Asset Search services are one of those areas that most people know little about until they need them. For years personal injury attorneys have conducted asset searches to satisfy their due diligence in determining the nature...more

How Interactive Timelines Build and Strengthen Opening Statements

by Cogent Legal on

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

When Should I Call a Lawyer?

by Crider Law PC on

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

What Litigators Can Learn From Some of the Coolest Graphics in Construction

by Cogent Legal on

The ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had...more

How to Effectively Use Surveillance Video in Tort Cases

by Cogent Legal on

One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and...more

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