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Defense Strategies Bodily Injury

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

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Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

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A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

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A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Marshall Dennehey

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

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Key Points: Plaintiff’s non-retained experts are treating physicians, and their testimony at trial should be limited to their scope of treatment, diagnosis, and prognosis with respect to the injuries alleged....more

IMS Legal Strategies

Safety-ism & Jury Trials – IMS Insights Podcast Episode 61

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Texas defense lawyer Scott Self and IMS jury consultants Dr. Jill Leibold and Dr. Nick Polavin join IMS Client Success Advisor and podcast host Adam Bloomberg to discuss the evolution of “safety-ism” and its impact on jury...more

Williams Mullen

Environmental Notes - October 2021

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Dentons

Litigation Quick Take: Personal Injury Lawsuit

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Q:  How long does an injured party have to file a personal injury lawsuit? A: In Iowa, an injured party has two years from the date of the accident to file a lawsuit alleging personal injury damages.  This is called a...more

Dentons

Litigation Quick Take: Personal Injury Damages

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Q: I have been sued for personal injury damages, but I believe the alleged damages are meritless. How can I prove that?...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Dentons

Using Surveillance to Aggressively Defend a Claim

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Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Holland & Hart - Your Trial Message

Identify the Four Tracks of Personal Responsibility

The divisions in this country are not just political, they also relate to attitudes toward responsibility. In a survey and study that Persuasion Strategies conducted this past month (July, 2019), we asked respondents about...more

American Conference Institute (ACI)

[Event] Obstetric Malpractice Claims – Insights on Complex Medical Litigation for Medical Malpractice Plaintiff and Defense...

Be a part of the nation’s premier obstetric malpractice conference, bringing perspectives from all sides, and ensure that you stay current on the evolving standards of care, emerging theories of liability, and new defense...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

NAM (National Arbitration and Mediation)

Why Mediation? 5 Personal Injury Case Studies

The perspectives of plaintiffs and defendants in personal injury cases are inherently different – both sides have an interest in resolving their disputes quickly, while attempting to get the best possible results for their...more

Rumberger | Kirk

Combating Permanency Without A Defense Medical Expert

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This brief, practical article presents strategies for challenging claims of permanent injury without relying on a defense expert. Originally published in the Trial Advocate Quarterly, Winter 2018 Volume 37, Number 1. ...more

Sands Anderson PC

I Tried the Case and Won (Twice) - So What Did I Do Wrong?

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In the spring of 2014 I tried a case to a jury in one of the circuit courts in the Richmond, VA metropolitan area. I represented a truck driver and his corporate entity in a lawsuit that had been filed against him by a young...more

Miles & Stockbridge P.C.

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

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