A lawyer must have a good faith belief, after reasonable inquiry, that a lawsuit he files is grounded in fact and warranted by existing law. Ariz. R. Civ. P. 11. In other words, lawyers violate Arizona’s rules of civil...more
Almost all medical malpractice cases depend on expert witnesses, usually physicians, to testify on behalf of the plaintiff to explain where a mistake was made....more
Insurance coverage lawyers are sometimes called upon to serve as expert witnesses on the standards of practice applicable to coverage attorneys engaged by insurers to provide coverage advice. ...more
Since 2007, it has been possible in BVI to establish a Private Trust Company (“PTC”) which may act as trustee of trusts without the need to obtain a BVI trust licence as long as certain conditions are...more
- A failure to meet medical standards, by itself, would not sustain a health care fraud conviction.
- The government, however, typically offers additional evidence sufficient to establish knowledge...more
The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more
Eventually, most construction lawsuits of any size involve hiring experts to review the project. These experts then usually issue an opinion as to whether or not you, as the design professional, violated the professional...more
"Standard of care" is a critical legal yardstick used in medical malpractice litigation to determine responsibility – or lack of responsibility – on the part of a medical practitioner for negative medical outcomes. The...more
Engineers who design in earthquake-prone areas know that they need to design the seismic loads of their bridges to account for potential massive shifts during a quake. (This is what is legally known as the professional...more
Originally published in International Law Office on November 27 2012.
A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more