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Articles Posted in Miscellaneous

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Client Money in Lawyer’s Trust Account Held To Be Asset of Client

The Oregon Court of Appeals has ruled that client money held in a lawyer’s trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is  Dorszynski v. Department of Human Services,   Case No 20071851  (Oregon Ct. App. October 27,2010).…

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Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado

The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No. 09SC20  (Col. Nov. 15, 2010) the court explained…

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Surveillance Videos Admitted Into Evidence Despite Claim of Unfair Prejudice

The United States Court of Appeals for the Fifth Circuit has ruled that a trial judge appropriately admitted surveillance videos of the plaintiff into evidence.  The videos were taken in a case where the quality of life of the plaintiff after the accident was "hotly disputed."   The videos showed…

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Preparing for Oral Arguments in the Appellate Courts

 Jay O’Keeffe has a written a great post called "10 Things I Wish I’d Known Before My First Oral Argument."  An excerpt: 3. Anticipate hard questions. As soon as I start working on an appeal, I create a document called "Tough Questions." This document includes every hard question I can think of, regardless…

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Justice Programs Seminar – Johnson City – This Week

 Our Justice Programs seminar series will be held on Nov. 11 and 12 in Johnson City.  Former Tennessee Supreme Court Justice Penny White, Court of Criminal Appeals Judge Joe Riley, and I also will present the two-day programs in Memphis (Dec. 9 and 10), Nashville (Nov. 18 and 19), and Knoxville…

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