You have the products-liability case of a lifetime. The Complaint’s been filed. The Answer is in. Discovery time. You sit down and craft a discovery plan. Fine-tuned. Perfection. You sent it out and receive – blanket objections…more
Coming soon to a courtroom near you:
“Mr. Expert, can you tell us what upcoding is and whether you found it in Dr. Smith’s billing for treating the plaintiff?” the defense lawyer asked her medical coding…more
Recently, I lost three former clients. They passed in separate ways, unrelated to their cases. One, stabbed in an alley, lay moaning for hours before he died. The neighbors ignored him, thinking he was a homeless drunk. Another…more
Growing up, my parents limited me to one hour of television a day. On PBS. This had unintended consequences. To this day, if a television is on in a room, I cannot pay attention to anything else. I have a penchant for Sesame…more
A little girl rode her bike along a bike path. The path approached a two-lane vehicle bridge and ran alongside it, like a sidewalk. Her family rode behind her. Her younger brother, new to his two-wheeler, bumped her bike. The…more
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…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
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