What makes cases more valuable in the eyes of both sides is whether the injured person has a permanent injury that will not resolve. Essentially, could both sides see a jury compensating the claimant for future pain and suffering beyond where the person is today? If so, then the person will have a case with unlimited damages. This poses a …
CURIOUS PENNSYLVANIA EVIDENCE SITUATIONS
In Pennsylvania, for various evidentiary reasons, whether a vehicle occupant was wearing a seatbelt or not is inadmissible. Pennsylvania’s seatbelt law is codified at 75 Pa.C.S.A. Section 4581. While the law makes seatbelt use in the Commonwealth mandatory, it also precludes evidence of a violation of this requirement in any civil action. In Gaudio v. Ford Motor Company, 976 A.2d …
WHO LIKES ME LEAST?
This is not a popularity question because that line is too long. Nope. Where is your average personal injury lawyer least well received? I have found large property managers or landlords are probably those who like me the least. I have been to cocktail parties or chamber of commerce where I introduce myself and my professional work and the conversation …
THE LAW OF WAR
There is a law of war? Who knew. In college, I read an interesting book called Just and Unjust Wars by Michael Walzer, who is a history professor. The book addressed the somewhat unwritten rules of war that unfortunately has persistent relevance to this day in light of Ukraine’s situation. Russia seems to persist in targeting civilians. Walzer is …
FOX News, Quack Treatments, and the Law
If you are interested in how far down a rabbit hole Fox News can send you, kindly see the attached Shoemaker v. UPMC case. Our Superior Court had to take its time and overlook routine procedures to make the point that just because you want a treatment to be given to you, the Hospital does not have to give …
All The Scary Bad Stuff Lawyers Do To Their Clients
I continue to believe that most lawyers are mostly good at their jobs and mostly work hard to make a living for themselves and their families. Then, there are the bad apples that crop up in every profession. Some are greedy, some are thieves, some are addicts or alcoholics, and some just lose their way. I have known good lawyers …
Judge Max Baer Died
Judge Max Baer, the Chief Judge of the Pennsylvania Supreme Court died over the weekend. He was, by all accounts, a good judge who had risen to the highest level of the judging part of our profession. I expect that there will be a big fight over the next person elected to the Supreme Court. Judge Debra Todd, by virtue …
Know When To Hold ‘em, Know When To Fold ‘em
I field a lot of calls from members of the public who believe that they have a case worth pursuing. After a brief listen, I can tell that they do not, because I have been doing this for a while. Nevertheless, the callers will often persist that there was a violation of the standard of care, or that laws were …
The New Normal: Are You Going Back To The Office?
So, as far as I can tell, we are in the new normal and that involves hybrid work environments for lawyers. I was visiting lawyers recently and their office park in Montgomery County was 90% empty of cars. That is the same for my large suburban office park. This should not be news to youse. This is my experience as …
I Know I Am Winning At A Deposition When Defense Counsel Starts Barking Nonsense At Me
We have thick skins as lawyers. I operate every day in a professional world where someone on the other side is paid to try to make me look bad or prove I am wrong or argue that I am lying to them. So, I am used to pushing my view loudly and forcefully. Sometimes, when faced with lawyers on the …