(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) The illegal provisions in this Agreement also affect its scope because they speak to the manner in which disputes will be resolved…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Here, the agreement contains two illegal provisions, the unlawful unilateral provision that gives Defendant Black the right to a jury trial to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The appellate courts have emphasized that a defendant’s failure to provide a foundation for the documents on which it is relying will…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) Dr. Black testified that Mr. Greene had experienced three-and-one-half years of significant pain, measured as a three to four on a scale…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Allocation of Arbitration Fees Article 3 of the Defendant Black’s Physician-Patient Arbitration Agreement requires that each party pay for the cost of…
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Defendant Failed to Meet Her Threshold Burden of Proving that She is Entitled to Summary Judgment The Evidence Upon Which the…
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) Plaintiff opposes the Motion for New Trial or, in the Alternative, Motion for Remittitur, as the evidence presented at the trial justified…