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…
Articles Posted in Miscellaneous
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…
Hot Coffee – The Movie
Some of you have seen Hot Coffee, the documentary that reveals how corporate interests manipulated the media about the McDonald’s coffee case and the other extra-ordinary steps corporate America is taking to take control of the civil justice system. If you have not seen the movie, I encourage you to…
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…
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…
John Stossel: ” I’d Rather Sue Than Fight”
John Stossel is a Fox News reporter ( I use the word "reporter" lightly, especially in conjunction with Fox News) who dislikes lawsuits and the lawyers who file them. Except when he finds it necessary to file one. Like he did when he was bitch-slapped by a wrestler. Eric Turkewitz…
Lawyer Gets Blasted by Judge
I know it is not a tort case, but this post from Law and Disorder reports on what can happen before the Seventh Circuit Court of Appeals when you don’t have your damages proof in proper order. An excerpt "I have never seen such an incompetent presentation of a…
Max Kennerly Does It Again
Regular readers know that I am a Max Kennerly fan. He does it again with post titled "The Truth Self of The Plaintiff’s Trial Lawyer." An excerpt: Trial lawyers walk into court with plans, backup plans, and with training and experience in various techniques and methods. Trial, though, has a…
A Look Back: “Very, Very Modestly”
My friend Kyle Hendrick from Chattanooga send in a nice comment this morning, referencing a post of over 4 years ago that, quite frankly, had completely slipped my mind. I looked it up – and here it is: The President’s daughter Jenna has written a book that she "very, very modestly"…
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…