Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have To Disclose Before Trial?
Federal court litigators are of course familiar with Fed.R.Civ.P. 26(a)(2)(B), which requires “a written report” from the witnesses we typically think of as “expert witnesses,” i.e., the witnesses “retained or specially employed to provide expert testimony in the case or…
OSHA and Carpet Cleaning or Installation Regulation
OSHA regulations are essential for ensuring workplace safety, especially in industries that involve physical labor and potential hazards, such as carpet cleaning and installation in New York City. And, under OSHA regulations, workers have the right to a safe workplace…
Is Judge Gorsuch Really Committed To Legal Textualism?
Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commitment to textualism.” He is repeatedly compared to the late Justice Scalia,…
New York City’s Dog Laws: Leash, Licensing, and More
New York City’s dog laws are designed to reduce the risk of dog attacks and other dangerous incidents, preventing injury and harm. These laws also help maintain public health by requiring vaccinations and proper hygiene for pets. By promoting responsible…
Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again
Earlier this month the Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger et al., a case I wrote about way back in 2012 involving the scope of sanctions (including attorney’s fees) available when a party to a lawsuit…
Reading the Signs of Nursing Home Elder Abuse
Our deep respect and love for our elderly citizens highlights the need to ensure their welfare and safety. Elder abuse, whether it is physical, emotional, financial, or due to neglect, is completely unacceptable. Identifying the warning signs of nursing home…
Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum
[Update, May 23, 2018: As I predicted almost a year ago, before the lawsuit was even filed, Trump’s twitter feed is indeed a public forum. A federal district court just denied his motion to dismiss. I haven’t read it in…
Why Are Some Sideswipe Car Accidents So Dangerous?
Sideswipe car accidents occur when the sides of two vehicles traveling in the same or opposite directions make contact. People often underestimate the risks associated with sideswipe accidents due to their perceived lower impact because they are considered minor. However,…
Daubert In Product Liability Cases: Mid-2017 Update
I’ve written about the Supreme Court’s Daubert opinion many times before, tagging it with the label “junk science.” The phrase “junk science” never actually appeared in Daubert, but rooting it out has been the animating concern behind the application of…
INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29TH JANUARY 2021
There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants. These issues are looked at in…
When Errors with Large Trucks’ Equipment Causes Accidents
Faulty brakes, tire blowouts, or malfunctioning safety systems can lead to catastrophic accidents, causing severe injuries and fatalities. Learning about equipment errors in large truck accidents plays a crucial role in ensuring compliance with safety standards. It also helps improve…
Appellate Court Reduces Mesothelioma Pre-Death Pain and Suffering Award
On February 16, 2016, Munir Seen, then 66 years old, was diagnosed with mesothelioma. He’d been exposed to to asbestos working as a drywall installer in the metropolitan area on a regular basis for about 20 years since 1965, In…