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Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Negligent Medico-Legal Opinion? Dr. Ford Says Experts Should Be Sued

Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing immunity for expert witnesses for the negligent provision of medico-legal reports and whether this prohibition should be...more

"Hybrid" Fee Agreements for Business Litigation

"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result. More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more

Peter J. Gregory Joins McConville Considine Cooman & Morin, P.C.

Peter J. Gregory has joined McConville, Considine, Cooman & Morin, P.C. as an associate attorney in the litigation group where he represents clients in a broad range of civil litigation matters including personal injury law,...more

First Conviction Under Corporate Manslaughter Act

On 15th February 2011 Cotswold Geotechnical (Holdings) Limited ‘Cotswold’, a geotechnical survey company based in Gloucestershire became the first company to be convicted of an offence under The Corporate...more

Superior Court Recognizes Another Exception to the Pennsylvania At-Will Employment Doctrine

On January 19, 2011, a three judge panel of the Superior Court of Pennsylvania recognized another exception to the at-will employment doctrine. In Haun v. Community Health Systems (pdf), the court affirmed the trial court's...more

Habush Habush & Rottier vs. Cannon & Dunphy

Habush vs. Cannon Dunphy Ross Fishman Law Firm Marketing Expert Report .pdf

Ross Fishman's law firm marketing expert witness report in Habush Habush & Rottier vs. Cannon and Dunphy. This report analyzes and details issues relating to the First Amendment; constitutional law, Google AdWords;...more

Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch, False Advertising and Dental Malpractice in California - A...

Dental Fraud and Malpractice Attorney Sebastian Gibson Discusses Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch Tactics, False Advertising and Dental Malpractice in California and how a few bad apples in the...more

Sharpening Your Oral-Argument Skills

Preparing to argue before the Court of Appeal? Oral argument usually strikes fear in the hearts of many attorneys, especially those who rarely handle appeals or appear before an appellate court. This article contains some...more

Discussion of the defence of consent within the tort of battery context

“If a person consents to what would otherwise be an unlawful touching, there can be no battery.” The issues which the preceding statement refers to revolve around how the defence of consent operates in the Law of...more

Is it always true that the reasonable person test 'eliminates the personal equation' (Glasgow Corp v Muir, per Lord MacMillan)?

Negligence consists of falling below the standard of care required in the circumstances to protect others from the unreasonable risk of harm. Generally, the law regards this standard of care objectively, demanded by the...more

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