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 …
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 …
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 …
Here Is A Conundrum For You
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 …
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 …
CLARENCE THOMAS WATCH
Ah, Clarence. As we all know, a leopard cannot change its spots. Does anyone know anyone who would like to pay for my children to go to private school even though they are not your children? It seems that this is not worth disclosing if you are C larence. It certainly seems like a stain on the ethical credibility …