Digging Deep to Attack Bias of Plaintiff Experts

Size: px
Start display at page:

Download "Digging Deep to Attack Bias of Plaintiff Experts"

Transcription

1 Digging Deep to Attack Bias of Plaintiff Experts John M. Fitzpatrick Wheeler Trigg O Donnell 1801 California St., Ste 3600 Denver, CO (303)

2 John M. Fitzpatrick is a trial attorney with Wheeler Trigg O Donnell LLP in Denver, focusing on high-exposure cases, including catastrophic injury cases in medical malpractice, products, toxic torts and pharmaceuticals. Trial Lawyer of Year for CNA in 2004 and Outside Counsel of Year for GE s Environmental Law Division in 2008, Mr. Fitzpatrick has tried in excess of 200 cases to verdict in 35 states and obtained defense verdicts in more than 140 cases.

3 Digging Deep to Attack Bias of Plaintiff Experts Table of Contents I. Overview...13 A. You and Your Client Are the Evil Empire...13 B. How to Approach Plaintiffs Experts...13 C. Know the Rules of Evidence...14 II. Discredit the Expert Using Their Own Publications/CV...14 A. Example: Kenneth Cohen...14 B. Example: Stephen Minton...15 C. Example: Curtis Baillie (security expert)...15 III. Bias and Money...16 A. Example: Ronald Gabriel, MD Not Admitted Privileges for 15 Years...16 B. Example: Fredrick Harlass, MD...17 C. Example: Richard Pete Stokes, MD...18 D. Example: Barry Castleman...18 E. Example: Harlan Giles, MD...19 F. Example: Lawrence Foreman...20 IV. Conclusion...21 Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 11

4

5 Digging Deep to Attack Bias of Plaintiff Experts I. Overview A. You and Your Client Are the Evil Empire 1. Plaintiffs Expert witnesses are hired to paint your company or your defendant as Darth Vader you put innocent people at risk & seriously injure, maim or kill all for profit 2. The good (or most popular) expert witnesses make so much money testifying they cannot help but take on cases and topics outside their experience 3. If the expert witness sticks to his/her area of expertise, they will be so overwhelmingly biased that you can attack them IF you do not accept their canned answer a. I do approximately 50% of work for Plaintiffs & 50% for Defendants, maybe 60%/40% in the past couple of years, but I cannot choose who hires or deposes me. B. How to Approach Plaintiffs Experts 1. Preparation, Preparation, Preparation 2. Find and read prior testimony a. Ask other defense lawyers for transcripts b. IDEX is a service that provides prior transcripts c. Westlaw Expert Witness Database has prior transcripts 3. If they wrote a report, carefully read it to determine basis for expert s ultimate opinions (which you know Plaintiffs lawyer generally wrote or spoon fed them) 4. Search for court opinions on Westlaw that have excluded the expert s opinions 5. Google the expert 6. Check w/ state agency or board that licensed the expert to determine if there are any complaints or suspensions 7. Collect literature listed on expert s CV a. Collect all his or her literature NOT on the CV 8. Study expert s qualifications a. Is he/she qualified in correct sub-specialty? b. Ex: Edwin Holstein (Pl. lawyers in asbestos love him because he studied under Irving Selikoff, but only co-authored article on sperm in dairy cattle) 9. Find the money (or make them look absurd in refusing to disclose it) 10. If expert is really qualified in the field w/out significant bias, he will have a number of articles & possibly textbooks on the subject matter at issue a. That literature likely contains numerous scientific or medical propositions that support your theory of the case b. Find, read, and use that literature (even if he is just an editor of the text) (1) Ex: Robert Zimmerman, MD Childrens Philly Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 13

6 11. Expert may serve as a peer reviewer on a journal that contains an article that supports your opinion a. The expert won t testify that the Journal publishes junk science and if he does, even better! C. Know the Rules of Evidence 1. Use prior trial & deposition testimony to find out who the expert considers reliable or authoritative 2. Use prior admissions to admit medical or scientific evidence that supports your theory of defense during Plaintiff s case w/ the learned treatise exception to hearsay rule 3. Rule 803(18) permits admission of learned treatises as substantive evidence so long as literature is called to the attention of the expert on direct or cross examination, and literature is established as reliable or authoritative 4. In short, DO YOUR HOMEWORK, and you can: a. Discredit the expert w/ his own publications b. Discredit the expert w/ evidence of their bias or paycheck II. Discredit the Expert Using Their Own Publications/CV A. Example: Kenneth Cohen 1. Published Expert Witnessing and Scientific Testimony a. Emphasizes credibility as an expert s most important asset b. Cautions experts to avoid becoming advocates c. [T]ell the truth! 2. Who is Kenneth Cohen? a. Education (1) BS in Microbiology from San Diego State College (1965) (a) Took 10 Years to Graduate (b) Flunked Out of 5 Previous Schools (c) Failed to Get His Masters after 3 Tries Then Lied (i) According to his transcript from San Diego State College, he withdrew from classes and his only major was Microbiology (no minor) (ii) 1976: Kenneth Cohen s Doctor of Philosophy from Cal Western University (d) Ph.D. From a Diploma Mill (2) Misrepresentations (a) On his 1975 Application to Cal Western University for a PhD, he misrepresents himself as stating he has a B.S. and M.S. from SDSU (b) In his application to become a Professional Engineer, he misrepresents himself by saying he has a M.S. in Microbiology and Chemistry from SDSU and a Ph.D. from a Diploma Mill (California Western University) 14 Product Liability Conference April 2012

7 (c) In his 1975 application to the American Board of Industrial Hygiene, he states he has a M.S. in Microbiology and Chemistry (d) In 1979, he was included in the Biographical Directory of the American Public Health Association, claiming to have an M.S. in Microbiology and a Ph.D. from California Western University b. Failed the C.I.H. Exam 7 Times ( ) c. In 1985, ABIH wrote Kenneth Cohen a letter regarding the fact that he failed to complete his M.S. (1) In response, Cohen stated he was unable to finish his thesis and does not claim a Masters degree d. Still Misrepresents Himself as a C.I.H (as of 2008) (1) 2004: ABIH write Kenneth Cohen a letter stating he is not authorized to use CIH or CIH(Ret) (2) Kenneth Cohen responds with a letter stating he will remove Retired certified industrial hygienist from his letterhead (3) April 2005: He still claimed to be a certified industrial hygienist (voluntarily retired June 2003) (4) K. Cohen, CIH appeared on Plaintiffs exhibit list in a case in 2008 B. Example: Stephen Minton 1. Lied on his CV a. Credentials (1) Community Neonatologist (2) No faculty appointments (3) Published article but no name on it (4) Chapter in textbook Lied (a) Hypotension in Pregnancy (2003) (i) When he was confronted about this in court, he stated he had submitted the chapter, but it was withdrawn at the last minute (ii) Remained on his CV b. Medical/Legal (1) Hasn t testified in Court in 20 years (2) But making up for it now (a) 15 hrs + 50 hrs = 65 x $500 = $32,500 (b) 2 $4,000 = $8,000 (c) $40,500 for this case C. Example: Curtis Baillie (security expert) 1. Who is Curtis Baillie? a. Specializes in Retail Security & Loss Prevention (shoplifting) Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 15

8 b. Currently provides consulting services to: (1) Retailers; Attorneys c. Previously provided services to: (1) Department & Grocery stores (2) Horse & Greyhound racetracks (3) Private investigator for attorneys (4) Never worked with hospitals 2. Opinion in a recent case: a. Since Curtis Baillie had never heard of the security drill in question at least in his capacity as a shoplifting expert the security drill must be wrong (1) The exercise conducted by Hampton Hospital on 12/24/07 was not a security drill it was an experiment or test (2) A worker such a Ms. Perry (Plaintiff) would not be expected to be subjected to such a realistic drill such an event is not a fact of life of industrial employment b. Curtis Baillie, an expert, proceeded to look for help by asking about hospital security on an internet forum III. Bias and Money A. Example: Ronald Gabriel, MD Not Admitted Privileges for 15 Years 1. Bias: Medical/Legal a. Testified extensively last 40 yrs; 90% for Plaintiffs last 15 yrs; 40+ states; greater than 500 deps & 200 trials b. Reviews 1-3 cases/mo. probably more; same w/ deps; 3-5 Trials/Yr; works 200 hrs/mo. w/ 15% or more for medical legal c. Income (1) Charges $400 hr; $1500 w/2 hr min for dep (2) 20 +hrs $20K+ for this case (3) Claimed he does not know how much he made last or any other year for medical/ legal work (a) 30 hrs/month - $12K/month: $144K/yr (b) Depositions 24 depositions x $1500: $34K (c) 3 Trials x $20K: $60K $235K/yr (e) 24 cases/yr x 20 hrs/case - $192K; deps - $34K; trials - $60K. Total - $286K/yr 2. Credibility in Courts a. Testimony to Courts to Support his Novel Theories been Excluded Numerous Times (1) plays fast and loose with facts and literature.has no credible evidence...junk science... (US Ct of Claims x 3) 16 Product Liability Conference April 2012

9 (a) Gabriel: A bunch of government lawyers didn t like me (Judges) (2) slants his testimony; uses unreliable scientific data to support novel theories; cannot testify (Michigan Courts) (b) Gabriel: They have reversed it I think but have nothing to prove that 3. Wrote a book: 410 Shotguns 4. No Board Certification a. Neuroradiology - Reading brain scans- not a pediatric neuroradiologist like Dr. Ward head of Children s Hospital in New Orleans b. Can t officially read a scan in a hospital no privileges; can t write an order c. Long history of disagreeing with board-certified neuroradiologists and local MDs (in legal matters) (1) Never met a scan he didn t like Sees things no one else can B. Example: Fredrick Harlass, MD 1. Who is Fredrick Harlass, MD a. OB/GYN b. Vast majority of Medical/Legal: Plaintiff (1) Reviews 1-2 cases/month; 15 depositions/year; 2-3 trials/year (2) Makes in excess of $125K - $170K/year last 5 years (3) Needs money to pay 7 women in his office doing their nails c. Published 1 article on VBAC 20 years ago doesn t mention rupture; not mentioned by any subsequent paper missed by ACOG d. Not on staff at any major medical institution e. Limited experience in VBACs hasn t done once since 2003 because risk of being sued (testimony in defense case in 2004 where baby died in hospital) f. Makes decisions on patients based on info received from residents and nurses without seeing patient No Standard of Care Violation g. Stopped doing inductions & augmentations for VBAC in 2001 because increased rupture risk h. 2 nd trial no criticism on consent for VBAC just discharge on the 27 th (1) But in 1 st deposition and written report criticized lack of consent she s from Africa; she doesn t know the time of day yet alone the risk of rupture; she s from Atresia, Otteresia, S. Africa something in Africa (2) Then Dr. Figueroa is deposed and language line is discussed oops (3) Multiple profanities : SOB, GD, what the hell, sh*& who hasn t been sued i. Prior depositions of defense expert on same topic are devastating: (1) High Risk downplay that because I can t tell what is high vs. medium vs. low risk? (2) Is 1 percent high risk don t know? As much risk of having a baby with HIE delivering vaginally so is that high risk? Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 17

10 (3) I use EFM to avoid lawsuits fraught with so many problems (but in this case questions every blip on strip) C. Example: Richard Pete Stokes, MD 1. Who is Richard Pete Stokes? a. Published nothing; no major medical institution b. 95 percent of work for plaintiff; reviews yearly - 25 cases; 16 depositions; 2-3 trials c. For years refused to admit how much money he made just doesn t know, my wife my accountant maybe $50K/year someday I ll show you to shut you up. d. Court Order in 2009 forced him to produce tax records - $200K/year e. Prior transcripts: (1) Refers to doctors and nurses as idiots or DTDS (2) Calls lawyers dumb sons of bitches oops, he meant dumb sons of WITCHES yet didn t file an errata sheet until after he was called out in trial D. Example: Barry Castleman 1. Who is Barry Castleman? a. CREDENTIALS (1) Chem. Eng. Johns Hopkins 68 (2) Masters, Env. Eng. Johns Hopkins (3) ScD (like a PhD)-Environmental Health Policy-Johns Hopkins (a) Funded by Plaintiff Lawyers - Improve Credibility b. WORK HISTORY (1) Hercules Chem. 68 (Draft Deferment) (b) Fired within 1 Year -Whistleblower? (2) Hitchhiked to Foreign Countries Canada vs. Vietnam (3) Baltimore County Public Health Fired/Resigned (4) DC Public Int. Group Resigned within 1 Year (5) American Pub. Int. Group College Student Body President dispute Fired within 9 Months (6) 1975: Approached by Asbestos Plaintiff Lawyers (7) : Research Asst. to Asbestos Plaintiff Lawyers - Fred Baron & Ron Motley (8) : 95 percent of Income From Testifying for Asbestos Lawyers Because No Other Job/Consultation Pays Anything For My Credentials 2. Medical/Legal Bias a. 1975: Legal Research Assistant to Plaintiff Lawyers b. 1979: Begins Testimonial Career as Plaintiff s Expert c : Plaintiff Lawyers Help Finance ScD Degree to Increase Credibility d. 1985: Doctor s Thesis: Chapters Sent to Plaintiff Lawyers for Review / Edits / Approval 18 Product Liability Conference April 2012

11 (1) Corporate Knowledge (2) Cancer e. 1985: Book Dust Cover: great book for Plaintiff Lawyers to Prosecute Case and Anticipate Defenses Told Publisher to remove it embarrassing f. 2008: $300/hour Testimony/Depositions (1) By April 10 th 6 Trials; 20 Depositions (2) Trials; Depositions g. 2005: $250,000 Pretty Consistent for Last 10 Years h. Approx. $3 Million Since 1995 (1) 95% of Income (2) 100% for Plaintiff 3. Opinions a. They used Weasel Words (Merewether, Dreesen, Drinker) b. They Were Better on Smoking Not Asbestos (ACI) c. I Have Issues with Him (Sir Richard Doll Knighted for Smoking Research) d. He was a Pioneer, Most Respected Authority on Asbestos But He Made Mistakes (Selikoff) e. I Don t Know How He Could Arrive at Those Conclusions (Prof. Phil Drinker - Harvard, Iron Lung) f. But the Germans in 1939 and 1942 Had Good Studies Alerted the World? g. Mesothelioma: No SECRET to Navy in early 60s; No SECRET to World in 64 and 68 (Selikoff Conference) E. Example: Harlan Giles, MD 1. Who is Harlan Giles? a. OB Expert b. Reviewed cases since mid-1970s c. Reviewed in excess of 3,000 cases averaging cases/year; depositions/year; 4-5 trials/year d. 95% or more for Plaintiff (doesn t keep a list) almost every state e. $450hour/review; $3,000 half day for depositions; $6,000/day for trial f. 3-4 hours/week $85k/year; 20 depositions - $60K; 4 trials - $24K so $160K/year to $300K/year g. Made Millions testifying against obstetricians, nurses, family practice physicians, neonatology, anesthesiology, general surgeons, pediatricians, emergency physicians, internists h. No publications since articles claimed in CV not really an author i. Not on any Medical School faculty j. Locum Tenuns from Pittsburgh goes to El Paso to deliver babies on occasion. Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 19

12 k. Gives Talks to Plaintiff Lawyers at Meetings on Birth Trauma even flown to Europe for them 2. ACOG/AAP Green Book 2003 a. In Litigation as Plaintiff Expert against Searle eye opener when he saw documents that showed increased rupture risk for low dose b. Risk known years before Searle put out disclosure in 2002 (1) But didn t tell ACOG; didn t publish; didn t go to FDA; didn t tell anyone although claims he testified in deposition and trial 3. What s the Truth? a. When asked on cross - if he brought anything with him to show the jury: I couldn t carry them I couldn t the weight of the materials p 66 b. When asked on redirect (1) Q. First of all, let me ask you, were you under a confidentiality agreement as an expert for the Searle documents in that case? (2) A. That were given to me for review, yes. And I had to return them, p 80 F. Example: Lawrence Foreman 1. Who is Lawrence Foreman? a. Plaintiffs Life Care Expert b. Testifies in deposition or trial 99% for plaintiffs appears at conferences for Plaintiff lawyers in birth trauma Maximize Your Recovery c. Makes $350 - $500K/year d. No medical degree of any kind e. Created life care plan blatantly disregards opinions of child s MDs and therapists. Disagrees with: (1) Dr. Brown (Pediatric Neuro): capable of ADLs, no attendant care (2) Dr. Cohen (Physical Med & Rehab) capable of ADLs (3) Experts at Gillette Children s Hospital (4) Pat Williamson (Speech Therapist); Lisa Tubbs (Physical Therapist); Sherry Blake (Occupational Therapist) (c) See child several times a week since 8 months old (over 160x each) (d) In contrast, Forman saw child 3-4 x for 1-2 hrs (e) All 3 therapists: Continues to improve & believe: (i) Child is very, very bright (ii) He is determined & his intellect will be an enormous help in overcoming any physical problems (iii) He will be able to do ADLs & largely take care of himself, run, drive a car, function as an adult (may need help to clean roof gutters & move heavy furniture most people do) 20 Product Liability Conference April 2012

13 (iv) Original plan: $6.4M (calling for full-time adult care w/ live-in ) plan reduced by $2.3M (v) $500K for housekeeper and case manager??? (vi) Use regular over-the-counter Pepcid Complete reduce plan by another $225K (vii) $500K in lost earning capacity? With child s intellect - NO INDICATION he will suffer reduced earning capacity (viii) Eliminating some big items cuts cost of plan drastically cars, house additions; counseling, Horseback riding (ix) Enormously inflated life care plan from a guy who appears at Plaintiffs lawyers seminars, teaching others how to maximize damages (as opposed to preparing a fair, realistic plan) IV. Conclusion A. Don t fight the fight you cannot win the expert may crush you in their field of expertise B. Use prior deposition & trial transcripts to attack credibility of expert diffuse sympathy C. Win at trial in catastrophic injury case is a discredit Plaintiffs expert witnesses on liability, causation & damages 1. Know more about their prior testimony, prior publications, background, and bias than they do Digging Deep to Attack Bias of Plaintiff Experts Fitzpatrick 21

14

Impeaching the Spine Injury Medical Expert. Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer

Impeaching the Spine Injury Medical Expert. Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer Impeaching the Spine Injury Medical Expert By Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer It is a common error that an attorney retains the wrong type

More information

The Malpractice Lawsuit:

The Malpractice Lawsuit: The Malpractice Lawsuit: Process and Prevention Advocate Health Care 7 th Annual Advocate Trauma Symposium Wyndham Lisle - Chicago November 18, 2010 Rogelio Lasso The John Marshall Law School BACKGROUND

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

Chapter 4 Legal Ethics

Chapter 4 Legal Ethics Chapter 4 Legal Ethics Yes. You read that right legal ethics. Har de har. Go ahead. Get it out of your system. How about this one? Why do scientists prefer using lawyers over lab rats? There are some things

More information

The Defense Lawyer s Tool Kit For Working With Medical Experts

The Defense Lawyer s Tool Kit For Working With Medical Experts The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office

More information

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601

More information

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert My detractors on the internet, of which I have many, largely made up of tax lawyers who try to discredit me because I represent a threat their livelihood, and certain people whose ideas on the income tax

More information

Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm

Legal Compensation & Ethical Duties of a Health Care Professional  Alexander M. Voudouris Pace Law Firm Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm Overview" Learning objectives Legal Compensation Compensation for Personal Injury Potential Ethical

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

Examining Elements to Prepare the Pediatric Practitioner

Examining Elements to Prepare the Pediatric Practitioner Mock Trial Examining Elements to Prepare the Pediatric Practitioner Brian G. Wilhelmi M.D./J.D., Eric V. Jackson M.D./M.B.A., Robert S. Greenberg M.D., Brian J. McNamara J.D. 1 Educational Objectives Upon

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits

More information

MODEL JURY SELECTION QUESTIONS

MODEL JURY SELECTION QUESTIONS MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must

More information

Medical Malpractice: What You Don t Know Can Hurt You

Medical Malpractice: What You Don t Know Can Hurt You Medical Malpractice: What You Don t Know Can Hurt You O. William Brown, MD, JD Chief, Division of Vascular Surgery William Beaumont Hospital Interim Chief, Division of Vascular Surgery Wayne State University

More information

Injury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law

Injury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law Injury Case Roadmap The Legal Process For Personal Injury Cases By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group,

More information

VETTING THE EXPERT---YOURS AND THEIRS

VETTING THE EXPERT---YOURS AND THEIRS VETTING THE EXPERT---YOURS AND THEIRS Too often an attorney will retain an expert on the advice of another attorney or based on a limited amount of time spent searching for the expert. The most important

More information

Life as a Medical Malpractice Attorney

Life as a Medical Malpractice Attorney Life as a Medical Malpractice Attorney A medical malpractice case lands on your desk. What is your first thought? What is your plan? If you re stumped or not sure where to begin, studying the anatomy of

More information

Taking an Expert Witness Deposition like an Expert

Taking an Expert Witness Deposition like an Expert Taking an Expert Witness Deposition like an Expert Lynn R. Levitan Crowell & Moring LLP 515 South Flower Street, 40 th Floor Los Angeles, CA 90071 (213) 622-4750 Lynn R. Levitan is a counsel in Crowell

More information

OPENING INSTRUCTIONS

OPENING INSTRUCTIONS OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False Mitigating Legal and Ethical Risks Patrick O Rourke, JD Julie Altmix, RN, BSN University of Colorado Denver School of Medicine Conflict of Interest We have no conflicts of interest, commercial or otherwise,

More information

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE Filed 10/22/99 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE DILLON BOLTON, Plaintiff and Appellant, B123278 (Super. Ct. No. SC037295)

More information

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES

CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES I. INTRODUCTION With the number of personal injury and healthcare-related lawsuits increasing each year, at some time in your professional career as a nurse, you

More information

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack New York Law Journal Tuesday, August 22, 2000 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack Ben B. Rubinowitz and Evan Torgan BODY: Expert testimony adds a

More information

S t e v e n M. L e v i n a n d J o r d a n S. P o w e l l

S t e v e n M. L e v i n a n d J o r d a n S. P o w e l l When it comes to proving violations of the safety rules and the resulting harm to nursing home residents, you need to know the right questions to ask the defense witnesses, as well as how to dissect common

More information

!"" July 23, 2009. Ms. Valerie Farwell Ms. Amy Green Mr. Edward Slaughter. Re: Cause No. 2008-15687; Wilhite v. Alcoa.

! July 23, 2009. Ms. Valerie Farwell Ms. Amy Green Mr. Edward Slaughter. Re: Cause No. 2008-15687; Wilhite v. Alcoa. !"" July 23, 2009 "#$#%&$%% Ms. Valerie Farwell Ms. Amy Green Mr. Edward Slaughter Dear Counsel: Re: Cause No. 2008-15687; Wilhite v. Alcoa You will recall that a Motion for Rehearing was filed by the

More information

William J. Leedom Shareholder Phone: 206.622.5511 Email: wleedom@bbllaw.com

William J. Leedom Shareholder Phone: 206.622.5511 Email: wleedom@bbllaw.com I William J. Leedom Shareholder Phone: 206.622.5511 Email: wleedom@bbllaw.com Bill is a distinguished trial lawyer. Over the past forty years, he has represented clients in over 80 jury trials in the state

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

Listen to Your Doctor and Theirs: The Treating Physician as An Expert Witnesses

Listen to Your Doctor and Theirs: The Treating Physician as An Expert Witnesses The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in

More information

Gary M. Weiss RETIRED JUDGES & ASSOCIATES MEDIATION & ARBITRATION SERVICES

Gary M. Weiss RETIRED JUDGES & ASSOCIATES MEDIATION & ARBITRATION SERVICES EDUCATION University of Buffalo: B.A. (History), 1965 Brandeis School of Law: J.D., 1968 Journal of Family Law (law review) 1967-1969 TEACHING POSITIONS National College of Advocacy (at Harvard and USC)

More information

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,

More information

7things. to look for when hiring a personal injury law firm in California. by John N. Demas, Attorney at Law

7things. to look for when hiring a personal injury law firm in California. by John N. Demas, Attorney at Law 7things to look for when hiring a personal injury law firm in California by John N. Demas, Attorney at Law 701 Howe Avenue, Suite A-1 Sacramento, CA 95825 (916) 444-0100 www.injury-attorneys.com Seven

More information

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.

More information

Choosing a Lawyer .JUREWITZ. By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group

Choosing a Lawyer .JUREWITZ. By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group Choosing a Lawyer How to Choose a Great Lawyer for Your Injury Accident Case By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group.JUREWITZ LAW GROUP Jurewitz Law Group 600 B Street Suite 1550

More information

Examining The All-Purpose Expert

Examining The All-Purpose Expert Examining The All-Purpose Expert Ben Rubinowitz and Evan Torgan New York Law Journal 12-29-2011 Over the last half-century there has been a dramatic growth in the use of expert witnesses at trial. Not

More information

Whether considering the damages suffered from an ATTACKING EXPERT TESTIMONY EFFECTIVELY. by Hon. Eddward P. Ballinger, Jr.

Whether considering the damages suffered from an ATTACKING EXPERT TESTIMONY EFFECTIVELY. by Hon. Eddward P. Ballinger, Jr. ATTACKING EXPERT TESTIMONY EFFECTIVELY by Hon. Eddward P. Ballinger, Jr. Whether considering the damages suffered from an alleged contractual breach, the cause of plaintiff s injuries, or a professional

More information

EXPOSING AN EXPERT WITNESS BIAS DURING CROSS-EXAMINATION: COLLATERAL ATTACK

EXPOSING AN EXPERT WITNESS BIAS DURING CROSS-EXAMINATION: COLLATERAL ATTACK EXPOSING AN EXPERT WITNESS BIAS DURING CROSS-EXAMINATION: COLLATERAL ATTACK By Ben Rubinowitz and Evan Torgan When preparing for a cross-examination, the skilled litigator must always first determine his

More information

What Happens Next? By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group. Tel: 619-233-5020 Toll Free: 888-233-5020 contact@jurewitz.

What Happens Next? By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group. Tel: 619-233-5020 Toll Free: 888-233-5020 contact@jurewitz. What Happens Next? The Legal Process Roadmap for Personal Injury Cases By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group Jurewitz Law Group 600 B Street Suite 1550 San Diego, CA 92101 Tel:

More information

Medical Expert Depositions in Workers' Comp Cases

Medical Expert Depositions in Workers' Comp Cases Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Comp Cases Effective Techniques for Deposing Experts and Raising Strategic Objections TUESDAY, MARCH 11,

More information

FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses

FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses May, 2011 FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses The US Court of Appeals, Ninth Circuit, rules on these matters in the case of Goodman v. Staples the Office Superstore,

More information

Representing Yourself. Your Family Law Trial

Representing Yourself. Your Family Law Trial Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

Defending the Wire and Cable Asbestos Cases

Defending the Wire and Cable Asbestos Cases Defending the Wire and Cable Asbestos Cases Ollie M. Harton Hawkins Parnell Thackston & Young LLP 303 Peachtree St NE Atlanta, GA 30308 William J. Donovan Burns White LLC 106 Isabella St 4 Northshore Ctr

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG

How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG ACG Annual Meeting 2013 How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs Oct. 6, 2008

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs Oct. 6, 2008 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs Oct. 6, 2008 RICHARD V. FULLER, ET AL. v. JOHN DENNIE CRABTREE, JR., M.D. Appeal from the Circuit Court for Coffee County No. 32,579

More information

How to find a personal injury lawyer

How to find a personal injury lawyer How to find a personal injury lawyer Table of contents: Introduction - page 1 The nature of personal injury cases. - page 2 How do you tell a good lawyer from a not so good one? - page 3 Where to look

More information

Trying a Labor Law Case with a Sole Proximate Cause Defense

Trying a Labor Law Case with a Sole Proximate Cause Defense Trying a Labor Law Case with a Sole Proximate Cause Defense By Ben Rubinowitz and Evan Torgan Although Labor Law Section 240 was designed to protect workers, making owners and general contractors strictly

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

CatastrophiC injury / Wrongful Death

CatastrophiC injury / Wrongful Death CatastrophiC injury / Wrongful Death 360 www.mpplaw.com about our practice Morris polich & purdy llp has a team of seasoned trial attorneys dedicated to handling, in both state and federal court, high-exposure

More information

The Adverse Direct Examination of a Defendant Doctor in a Medical Malpractice Case. By Ben Rubinowitz and Evan Torgan

The Adverse Direct Examination of a Defendant Doctor in a Medical Malpractice Case. By Ben Rubinowitz and Evan Torgan The Adverse Direct Examination of a Defendant Doctor in a Medical Malpractice Case By Ben Rubinowitz and Evan Torgan There is no better way to prove medical malpractice than through the mouths of the defendant

More information

Case 10-31607 Doc 4432 Filed 03/16/15 Entered 03/16/15 09:10:55 Desc Main Document Page 1 of 9

Case 10-31607 Doc 4432 Filed 03/16/15 Entered 03/16/15 09:10:55 Desc Main Document Page 1 of 9 Document Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division ) In re: ) ) Case No. 10-31607 GARLOCK SEALING TECHNOLOGIES ) LLC, et al., ) Chapter

More information

IADC Webinars are made possible by a grant from The Foundation of the IADC.

IADC Webinars are made possible by a grant from The Foundation of the IADC. IADC Webinars are made possible by a grant from The Foundation of the IADC. The Foundation of the IADC is dedicated to supporting the advancement of the civil justice system through educational opportunities

More information

TIPS FOR HANDLING BRAIN AND SPINE INJURY CASES FOR THE PLAINTIFF S LAWYER

TIPS FOR HANDLING BRAIN AND SPINE INJURY CASES FOR THE PLAINTIFF S LAWYER TIPS FOR HANDLING BRAIN AND SPINE INJURY CASES FOR THE PLAINTIFF S LAWYER Introduction This seminar includes presentations by several excellent experts on the medical topics of brain and spine injuries

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you are a current or former user of PayPal in the United States who had an active PayPal account between April 19, 2006 and November

More information

Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST)

Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST) Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST) * This example training manual should not be used without prior consultation with DMH Forensic Staff to

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. 1:07-CV-2509-CAP ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. 1:07-CV-2509-CAP ORDER Case 1:07-cv-02509-CAP Document 1041 Filed 01/27/15 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA ex rel. ALON J. VAINER, M.D., F.A.C.P.,

More information

RULES OF THE ROAD TO WINNING PERSONAL INJURY CASES

RULES OF THE ROAD TO WINNING PERSONAL INJURY CASES RULES OF THE ROAD TO WINNING PERSONAL INJURY CASES I. Start at the finish. A. What are you going to have to prove. B. Prepare your jury instructions. C. With jury instructions on liability and damages

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

C a s e. to winning your. The. Brian Beckcom. attorney at law Vujasinovic & Beckcom, P.L.L.C. www.vbattorneys.com

C a s e. to winning your. The. Brian Beckcom. attorney at law Vujasinovic & Beckcom, P.L.L.C. www.vbattorneys.com The I nsider s G uide to winning your MARITIME INJURY C a s e by Brian Beckcom attorney at law Vujasinovic & Beckcom, P.L.L.C. www.vbattorneys.com Word Association Publishers Tarentum, PA Copyright 2008

More information

Admissibility of Social Science Evidence in Law

Admissibility of Social Science Evidence in Law Admissibility of Social Science Evidence in Law Comparative Law and Social Science 2012 Summer Institute of International and Comparative Law Paris, France Professor Valerie Hans, Cornell Law School Adversary

More information

RESUMÉ BOYD S. LEMON. Nature of Practice

RESUMÉ BOYD S. LEMON. Nature of Practice RESUMÉ BOYD S. LEMON Attorney and member of the California Bar since 1966; member, Bar of the United States Supreme Court, various United States Courts of Appeals, United States District Courts and United

More information

CAR ACCIDENT GUIDE TABLE OF CONTENTS

CAR ACCIDENT GUIDE TABLE OF CONTENTS CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...

More information

How My Lawsuit Got Dismissed

How My Lawsuit Got Dismissed How My Lawsuit Got Dismissed Before a classified employee may file a civil action with superior court he must exhaust certain administrative remedies. When the Civil Service Commission denied me a hearing

More information

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions.

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions. Memorandum To: From: Trial Counsel in Medical Malpractice Cases John E. Wetsel, Jr., Judge Date: December 11, 2012 Subject: Sample Instructions ============================== Here is a complete set of

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

The Lack of Transparency in Asbestos Litigation. Seattle, Washington

The Lack of Transparency in Asbestos Litigation. Seattle, Washington The Lack of Transparency in Asbestos Litigation Paper: Janice Robinson Pennington San Diego, California Presentation: Brian Weinstein, Esq. Weinstein Couture PLLC Seattle, Washington BASF Catalysts, LLC,

More information

Opening Statements Handout 1

Opening Statements Handout 1 Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the

More information

New York Law Journal. Wednesday, July 31, 2002

New York Law Journal. Wednesday, July 31, 2002 New York Law Journal Wednesday, July 31, 2002 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination: The Basics Ben B. Rubinowitz and Evan Torgan BODY: Cross-examination involves relatively straightforward

More information

2 MR. WAKEFIELD: Your Honor, at this time, 4 THE BAILIFF: Your Honor, this witness has. 6 (Whereupon the witness is sworn by the

2 MR. WAKEFIELD: Your Honor, at this time, 4 THE BAILIFF: Your Honor, this witness has. 6 (Whereupon the witness is sworn by the 78 1 THE WITNESS: Thank you. 2 MR. WAKEFIELD: Your Honor, at this time, 3 the State calls Nurse Tessia Winnfield. 4 THE BAILIFF: Your Honor, this witness has 5 not been sworn. 6 (Whereupon the witness

More information

SO YOU THINK YOU WANT TO FIRE YOUR LAWYER?

SO YOU THINK YOU WANT TO FIRE YOUR LAWYER? SO YOU THINK YOU WANT TO FIRE YOUR LAWYER? ANSWERS TO THE MOST COMMON QUESTIONS ABOUT THE PROCESS Guy S. DiMartino, DC, JD Florida Board Certified Civil Trial Lawyer Stuart, Florida (772) 337-3333 Phone

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA Mock Trial Script The Case of a Stolen Car This mock trial is appropriate for middle and high school students. The script includes a role for a narrator,

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Here are 9 questions you should ask EVERY lawyer you interview to represent you in a personal

More information

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case If you are employed in the train industry, you should be aware of what to do should you become injured

More information

IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013

IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 JOINT MEETING OF PRODUCTS, INTERNATIONAL, TOXIC AND HAZARDOUS SUBSTANCES, AND CLASS ACTIONS AND MULTI-PARTY LITIGATION COMMITTEES FROM AMOSITE

More information

SUPERIOR COURT FOR THE COUNTY OF ALAMEDA

SUPERIOR COURT FOR THE COUNTY OF ALAMEDA If there was a debt on your credit report based on an alleged shoplifting incident at a Nordstrom Store, a class action lawsuit may affect your rights. A court authorized this Notice. This is not a solicitation

More information

Quotes from Judges regarding Evan Hendricks when they qualified him as an expert witness, and allowed to testify at trial

Quotes from Judges regarding Evan Hendricks when they qualified him as an expert witness, and allowed to testify at trial Quotes from Judges regarding Evan Hendricks when they qualified him as an expert witness, and allowed to testify at trial In Julie Miller v. Equifax Credit Information Services, LLC: U.S. District Court

More information

WHAT HAPPENS IN A PERSONAL INJURY CASE

WHAT HAPPENS IN A PERSONAL INJURY CASE WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511

More information

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion

More information

CAUSE NO. D-1-GN-08-003432. BRYN DUFFY, MD and IN THE DISTRICT COURT SUSANNE MATTSSON DUFFY. Defendant. TRAVIS COUNTY, TEXAS

CAUSE NO. D-1-GN-08-003432. BRYN DUFFY, MD and IN THE DISTRICT COURT SUSANNE MATTSSON DUFFY. Defendant. TRAVIS COUNTY, TEXAS CAUSE NO. D-1-GN-08-003432 BRYN DUFFY, MD and IN THE DISTRICT COURT SUSANNE MATTSSON DUFFY Plaintiffs, v. 353 RD JUDICIAL DISTRICT OF TEXAS MEDICAL LIABILITY TRUST Defendant. TRAVIS COUNTY, TEXAS PLAINTIFFS

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you had a Straight Talk, Net10, Simple Mobile, or Telcel America Unlimited Mobile Service Plan, you may be entitled to a cash refund

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2

More information

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE JEFFREY B. McCLURE Andrews & Kurth L.L.P. Copyright 2003 by Jeffrey B. McClure; Andrews & Kurth State Bar of Texas 19 TH ANNUAL ADVANCED PERSONAL INJURY

More information

A state court authorized this Notice. This is not a solicitation from a lawyer.

A state court authorized this Notice. This is not a solicitation from a lawyer. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO If your replacement water heater was installed in San Marcos, California by California Delta Mechanical, Inc., your legal rights could

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

Mary H. Spillane Member. Mary H. Spillane

Mary H. Spillane Member. Mary H. Spillane Mary H. Spillane Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101 Office: (206) 628-6656 Fax: (206) 628-6611 Email: mspillane@williamskastner.com Mary Spillane, a member in the Seattle

More information

Disputed degree clouds expert witness Written by Jonathan Ellis Aug. 3, 2013

Disputed degree clouds expert witness Written by Jonathan Ellis Aug. 3, 2013 Disputed degree clouds expert witness Written by Jonathan Ellis Aug. 3, 2013 argusleader.com He advertises himself as Dr. Thomas L. Price, a licensed psychologist with a Ph.D. in behavioral medicine. The

More information

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

More information

The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit. David B. Mandell, Brian C. Layman, Tamara L.

The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit. David B. Mandell, Brian C. Layman, Tamara L. The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit David B. Mandell, Brian C. Layman, Tamara L. Bogner As consultants to physicians, we encounter many misconceptions

More information

CIVIL LITIGATION PRACTICE FOR PARALEGALS. Many attorneys, paralegals and legal assistants refer to pleadings as all

CIVIL LITIGATION PRACTICE FOR PARALEGALS. Many attorneys, paralegals and legal assistants refer to pleadings as all CIVIL LITIGATION PRACTICE FOR PARALEGALS III. PREPARATION OF PLEADINGS Many attorneys, paralegals and legal assistants refer to pleadings as all court papers in the case. Technically speaking, the pleadings

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information

Standards and Requirements for Specialist Certification and Recertification

Standards and Requirements for Specialist Certification and Recertification Standards and Requirements for Specialist Certification and Recertification The following are Standards and Requirements for Certification and Recertification of lawyers as Criminal Law Specialists. The

More information