In the dead zone between Christmas and New Year’s, a formal policy-limit settlement demand expired. Later that year, the verdict came in, two and a half times over the insurance policy limit. The lawyer had not granted an…more
The receptionist buzzed. “A Mr. D____ is calling about a referral.” I ran my mental rolodex. Like many people, I’m terrible with names. But I remember details. Once things click, I remember you went to UCLA, you…more
Ed Begley, Jr. I am not. He’s a prolific actor (271 roles according to IMDb) known more for eco-evangelism than any role he’s played. I own a car — a late-model gas-guzzling V-6. I’m not proud that it guzzles. But Teslas are too…more
Originally published in Forum magazine, September/October 2012.
I have been asked to share how I have managed to escape sticky situations during trial. Let me give two examples.
Put away your written notes during…more
Originally published in Plaintiff Magazine, March 2013.
A last-minute flurry of activity before expert disclosure. One of the experts had a conflict — couldn’t make the trial. She suggested a colleague, “Outstanding,…more
Originally published in Plaintiff Magazine, February 2013
In the cold early morning, with pockets of mist clinging to the ground, a fox ran across the street on our way to trial call. It got to the other side, glanced back…more
Originally published in Plaintiff Magazine, January 2013
“Next, we’re going to learn about the spine.” The lawyer was giving his opening. The projector made a loud pop. Instead of a spine, darkness. Blown bulb. Anyone who…more
Metadata as blessing and burden -
The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate…more
The standards for admitting metadata have yet to be codified. If you are trying to get metadata admitted, you should develop the following factors articulated by Edward Edward J. Imwinkelried, a UC Davis law professor and noted…more
Originally published in Plaintiff Magazine, November 2012.
For some, it is the first gray hair. Or a need for eyeglasses. Perhaps some new crinkles around those eyes. At a certain point, we recognize we are getting older…more
Originally published in Plaintiff Magazine, October 2012.
We settled a case for an individual with a career-ending injury. At the mediation, we spoke about various options that were available. Our client talked about the…more
The mediator, just finished with the preliminaries, turns to the plaintiff’s lawyer. “Anything you’d like to say to the other side while we’re all here?”
The plaintiff’s lawyer responds. “We’ve said pretty much everything…more
In This Issue:
- CASE HIGHLIGHTS
-Bicyclist struck and killed by big rig / $5 million insurance policy limits
- Motorcyclist struck by driver trying to exit freeway at last minute / $1.25 million insurance policy…more
Bridging the gap -
Our client and her husband were using their truck to tow an empty horse trailer. It broke down on the Bay Bridge. Her husband got out of the truck to look at the problem when a drunk and uninsured driver…more
Bicycling is on the rise. By way of example, bicycling has increased 71% in San Francisco between 2007-2011. And bicycle commuting increased 63% in the 70 largest cities in the United States from 2000-2010. Why? Because…more
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