Every state requires a Certificate of Merit for a medical malpractice case. The Certificate establishes that you had the records reviewed by a qualified expert and that the case has merit. What if the basis for your claim is that a doctor was supposed to perform a consultation in a hospital and failed to do so leading to paralysis in your …
Happy Pigs Case at SCOTUS // NATIONAL PORK PRODUCERS COUNCIL ET AL. v. ROSS
The great state of California in its infinite wisdom passed a law that no pork could be sold in California unless the pigs were treated humanely and housed in cages that allowed them to turn around and have a little room to do pig things. California consumes 13% of the nation’s pork but produces nearly none of it. So, California …
BOTH DEAD: THE COMMON LAW MARRIAGE RULE AND THE DEAD MAN’S RULE IN PENNSYLVANIA
I have an interesting situation developing where a person is claiming that they are entitled to collect from a wrongful death lawsuit I am pursuing because they are the surviving spouse of the deceased. But the claimant and decedent were never legally married. So, they are claiming a common law marriage, which while outlawed by the Courts post 2000 or …
MEDICAL MALPRACTICE CASES AND PLASTIC SURGERY
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 …
DOG BITE CASES
I love a good dog bite case. There really is no defense to the claims and so it is really just a question of how much money the insured dog owner has on their policy. The risk in these cases is the lack of insurance. What is the best dog bite case? Well, the easy ones are where a pit …
PLCAA
I am regularly contacted by people who want to sue the City of Philadelphia for any number of reasons. About a third of the time, people are upset by perceived lawlessness and want to sue the City. For a while, I was getting several calls a month about off road vehicle gangs etc. Recently, calls about shootings have picked …
Proud Boys Verdict and Justice Grinds Slowly But Exceedingly Fine
Note to self, venue matters! The Proud Boys (PB) were convicted individually, and probably collectively eventually, of conspiring to overthrow the government or interfere with the lawful election process. I will be reading closely to see any juror interviews of their jury. Think about how your average Washington, DC juror would view this case. A notoriously violent thug group comes …
A FUNNY THING HAPPENED ON THE WAY TO SERVICING A CLIENT
Last week, something happened that had not happened in the past decade in my practice. A prospective client called with a case that was worth $100,000-$200,000. However, it was a slip and fall case and would likely have to go into suit and would resolve with a settlement in 2 years. The client had been through a difficult divorce and …
FOX NEWS / DOMINION
Well, that’s a damn shame. Case is settled for $700 million or so and an apology. My first thought is that I really, really hope that Dominion’s counsel had this on contingency, though I doubt that. Second, I was a bit concerned as to how a company was going to show 1.8 Billion in damages and get a jury to …
Dominion MSJ v. Fox News: Interesting Development
There was an interesting development last week in the voting machines company’s lawsuit against Fox News. In order to win a case against a broadcaster like Fox for defamation, you have to prove both falsity of what was said and knowledge that the statements were false. Malice aforethought I think is the fancy terms. You have to know that what …