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Marshall Dennehey

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

Marshall Dennehey on

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

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

Proskauer - Minding Your Business on

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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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