I view myself as a professional vengeance machine. The penance or vengeance I get is in money terms and never quite the revenge people wanted and rarely ever complete, but it is a form of retribution. What do I mean? If someone crashes their car into you and hurts you or your family or just simply postpones maintenance until someone …
So, what is the current state of the Union?
Many of my neusletter readers are professionals and folks with advanced degrees. Many of my clients are middle class or poorer people. The gap between these worlds is rather stark. There was a news item today that binge drinking (5 or more drinks in a sitting) and marijuana use among 35-50 year olds is at record levels and that alcohol …
The Bear: The Struggle
I have been watching the Bear on Hulu for a few weeks now. It is about the struggle, both personal and professional, of a chef in Chicago who is a reluctant business owner. It’s a really nicely done series with about 16 episodes. I like it because it shows the struggle inherent in small business. Most law firm owners are …
Is every case adversarial?
Oftentimes, as a personal injury lawyer, a case comes in where negligence is clear, injuries are clear, and it is just a question of insurance and the valuation of the claim. For example, you are a pedestrian hit by a car in a crosswalk and break your hip. Or, you are rear ended in your car and pushed into oncoming …
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 …
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 …
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 …
STATE vs. FEDERAL COURT VENUE/JURISDICTION DECISION
“COMBAT TACTICS, MR. RYAN” from The Hunt For Red October starring Sean Connery and Alec Baldwin: Jones (VO): Torpedo in the water. High speed screws. Bearing zero-two-zero. I estimate range at eight thousand yards. Mancuso: You’re heading straight into that torpedo. Ramius: I know. The torpedo hits the sub, but it does not explode. Instead, it breaks-up on the …
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 …