Butler's Thursday Tips #5 | What is Appellate Law?
If I won my case, why do I need to worry about an appeal?
Is evidence of syphilis sufficient to allow cross-examination of a treating physician relating to pain associated with that condition? Lugarda Castillo and Richard Castillo v. The Center for Athletic Medicine, et al., 2019...more
Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more
All hospice providers routinely should assess risk exposure under the False Claims Act — now with the benefit of the U.S. Court of Appeals for the Eleventh Circuit’s long-awaited decision in United States v. AseraCare Inc. ...more
To be enforceable, a deed of trust must sufficiently describe the real property security. There are several different ways to describe real property. Commonly used methods include referring to a block and lot number from a...more
If you decide to retain an expert with a past disciplinary history, be prepared for that information to be used at trial to attack your expert’s credibility! In Gross v. Stuart the Supreme Court of Virginia held that it was...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which two defendants – a former employee and a company that assisted in the sale of the business – both claimed entitlement to funds held by an attorney in trust...more
In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more
In Austin v. Austin, after the decedent passed, his daughters probated an April 2016 will, and his wife then sought to probate a December 2016 will. No. 03-18-00678-CV, 2019 Tex. App. LEXIS 8255 (Tex. App.—Austin September...more
The Eleventh Circuit agreed with the trial court that the government must do more than present expert evidence that a physician’s clinical judgment was inaccurate to establish falsity under the False Claims Act. Nonetheless,...more
The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more
As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine (ODV) succinate products (Pfizer’s PRISTIQ) until expiry of...more
The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more
Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more
Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more