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Articles Posted in Miscellaneous

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Fainting Juror Helps Settle Case

A juror faints during a lawyer’s opening statement.  Lawyer happens to be discussing how a traffic accident left Gary Pettet with rotting flesh and bone after 12 surgeries.  Ultimately, the damaged leg was amputated. Defense counsel blamed the heat in the courtroom.  I know the Plaintiff’s lawyer, and I guarantee there was…

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Does the Privilege Still Apply if Non-Clients Were In The Room During the Conversation Between Counsel and Client?

Gregory Joseph’sComplex Litigation Blog brought my attention to  this important decision.  Quagliarello v. Dewees, 2011 U.S. Dist. LEXIS 78870 (E.D. Pa. July 20, 2011) is a § 1983 action against a police officer but addresses a situation that plaintiff’s lawyers address everyday when a potential client shows up with a bunch…

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SCOTUS Releases Opinion on Specific Jurisdiction

In Goodyear Dunlap Tires Operations, S.A. v. Brown, No. 1076, 564 U.S. ____  (2011) the United States Supreme Court was confronted with the following question:  "Are foreign subsidiaries of a United States parent corporation amenable to suit in state court on claims unrelated to any activity of the subsidiaries in the forum…

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Assumption of the Risk Cannot Be Used in Defense of an Amusement Park Case

The California Court of Appeals has ruled that an amusement park operator cannot assert primary assumption of risk as a complete defense to a case arsing from an injury at the park. In Nalwar v. Cedar Fair, L.P.   H03453  (Cal. Ct. App. 6th Dist. 6/10/11), held "that primary assumption of risk…

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American Medical Association Applaudes Lawyers and Use of The Justice System

The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system.  Indeed, it has even created a "Litigation Center"    to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician."   Rumor has it…

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