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New Jersey Law Journal

Lack of Proven Private Funding Thwarts Drug Rehab Center's Charitable Immunity Defense in Resident Injury Case

A state appellate court, ruling in favor of a Newark man who slipped at a nonprofit drug rehabilitation facility where he was living, said the facility's level of private contributions "seems too nominal" for it to be entitled to charitable immunity.
8 minute read

Daily Business Review

South Florida Court Warns Against 'Novel' Discovery Methods Aimed at Corporations

No more novel discovery methods: An opinion from Florida's Fourth District Court of Appeal sends a message about pushing the boundaries.
4 minute read

Daily Business Review

Coral Gables Lawyer, Sanctioned for Bad Faith, Gets Reprieve Over Elusive Witness in Insurance Case

In a dispute with their insurance company, the plaintiffs claimed the only service address they could find for their fact witness was a Pembroke Pines UPS store mailbox, but defendant Prepared Insurance Co. alleged this was a deliberate attempt to stop the witness from being served.
5 minute read

Daily Business Review

'Daubert' Evidence Standard Takes Immediate Effect in Florida After High Court Turnaround

In a case that attracted many onlookers, the Florida Supreme Court Thursday adopted the "Daubert" standard for expert testimony.
5 minute read

Connecticut Law Tribune

Johnson & Johnson Defeats Product Liability Suit Over Titanium Rod Used for Back Surgery

The Connecticut Appellate Court upheld a lower court ruling and granted Johnson & Johnson's request for summary judgment after plaintiff Raymond Ferrari didn't call an expert witness and failed to show the product was defective.
4 minute read

New York Law Journal

Experts in Times of Crisis

It can be tempting to try to obtain as much information as quickly as possible during times of crisis, but you must consider the potential implications on discovery when retaining and working with an expert, whether that expert is in-house or a retained outside consultant.
9 minute read

The Legal Intelligencer

Despite $64K Slip-and-Fall Verdict, Plaintiff Did Not Get Fair Trial, Court Finds

Although he was awarded nearly $64,000 by a Philadelphia jury, the plaintiff in a slip-and-fall case against hotel chain Marriott was prejudiced by his inability to submit testimony by a medical expert and is entitled to a new trial on damages, the Pennsylvania Superior Court has ruled.
5 minute read

New York Law Journal

Creating a Winning Frame: From Cross to Final Argument

A lawyer must find a way to capture the jury's attention and leave an impression that will last well into deliberations. In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan describe how one effective approach to accomplish is for the lawyer to identify and emphasize key words or phrases that best frame an issue, work those words or phrases into cross-examination and emphasize that frame during final argument.
13 minute read

Connecticut Law Tribune

Lawsuit to Proceed Against Sears Over Alleged Faulty Jack That Caused Car to Crush Man

A federal judge is allowing to proceed a lawsuit alleging Sears sold a defective jack stand that caused a car to fall on a man and kill him.
4 minute read

New York Law Journal

Recent Decisions Affecting Discovery

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss several appellate decisions from the past year addressing the scope of discovery that may have significance for all litigants in personal injury and medical malpractice actions. While these decisions address a broad range of issues, there is an overriding theme involving the impact of advances in technology on discovery.
14 minute read

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