I think it is probably a good idea to avoid having plastic surgery with a surgeon whose spouse is on the Real Housewives series. Several of these docs are getting pummeled with malpractice lawsuit filings. While the filing of your typical case has no bearing on whether the case will ultimately prevail, I think the opposite is true in medical …
Would a Trump Conviction Matter to a Trial Lawyer?
Originally published April 4, 2023 Apart from the angry politics on both sides of Trump being indicted and going to trial at some point in the future, there is an interesting issue to appears to my lawyer brain. There has been a lot of bellyaching about why would you bring this case first of all the cases against him? The …
BELIEVE ME, YOU DON’T WANT TO HAVE A MEDICAL MALPRACTICE CASE
Successful medical malpractice cases are ones where people die following routine surgery or where their cancer spreads and will kill the patient because it was not caught sooner or where people are permanently blinded by accident or where patients simply are so poorly managed in a nursing home that they are dropped repeatedly suffering fractured hips, internal bleeding etc. Like …
LAWYER CONUNDRUMS: JUDGE AILEEN CANNON/ BAD LUCK / DEAL WITH IT
So, there is a lot of bellyaching about Judge Cannon being assigned to Trump’s case about hiding classified documents. If she was assigned as most cases are by random computer assignment, then it si just bad luck. But, that is why we have trials. You have to prove your case. Innocent till proven guildty and all that, no matter how …
LAWYER CONUNDRUM #2: WHAT TO DO WHEN A JUDGE IS NOT MAKING A DECISION ON YOUR VERY IMPORTANT MOTIONS?
In personal injury cases, it is unusual that a lawsuit turns solely on a judge deciding a motion to dismiss or motion for summary judgment. It happens, but is unusual. More often, the Court’s failure to decide a procedural motion like Preliminary Objections, just slows things down a little. However, periodically, Judges delay acting on critical motions that affect how …
TREAT WILLIAMS DEATH AND THE LEFT TURN CASE
The actor Treat Williams died yesterday in a motorcycle crash that was probably not his fault. Treat was a staple of my youth and generally seemed like a decent guy living his life in Vermont. He was killed when a driver made a left turn across Williams’ lane of travel and Williams slammed into the car on his motorcycle. These …
Motions In Limine
Motions in Limine are a necessary evil to me. For the non-litigators reading this, Motions in limine are requests to the Court on the eve of trial to admit or exclude certain evidence. You will never see these on TV because they are basically just part of getting a case ready for the jury to hear it and are largely …
Go Woke, Go Broke
This nice headline was coined by the New York Post and Mr. Wonderful from Shark Tank. Basically, a lot of very large retailers have learned the hard lesson that not everyone thinks like you do. This is a hard concept to get across to people. If you were a republican legislator in Indiana and you think that everyone in your …
FTCA UPDATE: Andrew Neuwirth at the Supreme Court? I hope not
I think that among the long list of things that I do not want to do as a lawyer is be involved in a US Supreme Court case. While many lawyers would relish the opportunity to argue there, I think that it is not a good place for personal injury cases and I could see wasting a tremendous amount of …
Steven Schwartz, Esq. Is In Trouble And He Blames CHAT GPT
Why must it always be the Personal Injury Lawyers making headlines? In another new low, in Federal Court no less, it emerged that New York Attorney Steven A Schwartz, used ChatGPT to look for similar previous cases in a personal injury suit against Avianca, Inc. Airlines. See the attached Affidavit from that case. It appears that none of the cases …