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The Legal Intelligencer

Superior Court Rejects Pa. Hospital's Challenge to $7.3M Med Mal Judgment

Ostroff Godshall managing partner Richard Godshall, who represented the plaintiffs, said the opinion "supports a long line of delayed diagnosis cases that permit a plaintiff to prove causation by showing the delay in timely diagnosis increased the risk of harm and resulted in a worse outcome."
3 minute read

Law.com

State Appellate Court Relies on 'Cancellation Rule' for Expert's Conflicting Testimony

"Dr. Sherri Studstill indicated that damages were a possibility but that she had not made any determination that Mr. Simmons had suffered any actual damages," Tennessee Court of Appeals Judge Jeffrey Usman wrote in a Dec. 3 opinion.
5 minute read

Texas Lawyer

The One Rule to Rule Them All in Jury Trials

"‘The one ring to rule them all’ in "The Lord of the Rings" is the ultimate symbol of absolute power. There is no similar absolute ‘one rule to rule them all’ in trial law in Texas, but there is a rule powerful enough to be called simply ‘the Rule,’” according to Quentin Brogdon of Crain Brogdon.
8 minute read

Daily Report Online

State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.
8 minute read

Law.com

The Role of the Expert Witness in Workplace Investigation Cases

"Accepting an engagement as an expert witness for a case brings a different set of challenges," writes Oppenheimer Investigations Group's Amy Oppenheimer.
6 minute read

The Recorder

How to Demystify Tech for a Jury or Judge

"Tech-related cases inherently bring an additional layer of complexity to trial preparations," so Paul Weiss' Meredith Dearborn and Jessica Phillips provide tips for explaining tech in the courtroom.
7 minute read

New York Law Journal

Communications With Non-Retained Experts May Be Subject to Disclosure

"Lehrburger explained that unlike retained experts, non-retained treating physicians 'wear a cloak of independence and lack of bias,'" write Edward M. Spiro and Christopher B. Harwood.
8 minute read

Law.com

NY Appeals Court Grants J&J's Subpoena for Talc Expert as 'Clearly Relevant'

In an Oct. 8 order, a New York appeals court allowed Johnson & Johnson to subpoena plaintiffs' expert Dr. Jacqueline Moline and her employer, Northwell Health, for the names of the individuals in her two groundbreaking reports, published in 2020 and 2023, both of which linked cosmetic talcum powder to mesothelioma.
6 minute read

Law.com

Massachusetts Attorney Awarded $3.3M for Injuries in Snowmobile Crash With Army Helicopter, Federal Judge Rules

"Primary responsibility for the accident resides with the Army crew, who created the dangerous condition and failed to take any steps to warn about or alleviate it," U.S. District Judge Mark G. Mastroianni said.
6 minute read

New York Law Journal

Defense Counsel Can't Use Unrelated Lawsuit to Impeach Expert Witness Testimony, Judge Rules

Manhattan Supreme Court Justice Hasa Kingo on Friday ruled that a team from Cozen O'Connor could not question medical professionals called to the stand about unrelated and unproven allegations when the case goes to trial.
3 minute read

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