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 …
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 …
NOT GETTING REFERRALS? DAVID GOGGINS WOULD BE DISAPPOINTED IN YOU
Get out of your house! If you are not familiar with David Goggins, you may find him irritating or motivating or simply crazy. But, much like Tony Robbins, who I cannot stand because I have no idea what he does, Goggins is maniacal about self-improvement and setting crazy goals. He is worth looking at, but be warned that he will …
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 …