Is every case adversarial?

NeuwirthLaw Case Matters, For Lawyers

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 …

STATE vs. FEDERAL COURT VENUE/JURISDICTION DECISION

NeuwirthLaw Courts, For Lawyers

  “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 CONUNDRUM #2: WHAT TO DO WHEN A JUDGE IS NOT MAKING A DECISION ON YOUR VERY IMPORTANT MOTIONS?

NeuwirthLaw Case Matters, Courts, For Lawyers

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

NeuwirthLaw Case Matters, Courts, For Lawyers

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 …

Steven Schwartz, Esq. Is In Trouble And He Blames CHAT GPT

NeuwirthLaw Case Matters, Courts, For Lawyers, Law Practice Management

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 …