(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) DEFENDANTS’ DESTRUCTION OF CRUCIAL RECORDS OR PREVARICATION ABOUT FACTS MAY SUPPORT EVIDENTIARY SANCTIONS OR AN INFERENCE OF LIABILITY Universal’s failure to produce legible…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) Ends of Justice/Prejudice Defendants speculate that a single trial may confuse the liability issues or result in prejudice in that a jury might…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) To sum up plaintiff’s position, there are at least four independent reasons that support the jury’s determination that plaintiff filed a timely charge…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) EVIDENCE OF TREATMENT BELOW THE STANDARD OF CARE REQUIRES DENIAL OF THE MOTION The fundamental rule on summary judgment is that the motion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) The declaration of defendant’s expert herein is no more enlightening than that in Kelley as to the merits of Plaintiffs’ case. The defense…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/insurance coverage case and its proceedings.) Plaintiffs’ Opposition to Defendant’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues. MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) B. Economy and Efficiency The above discussion highlights the fact that far from promoting economy and efficiency, bifurcation would add significantly to the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) UNIVERSAL’S EVIDENCE FAILS TO CARRY ITS BURDEN AS TO DIRECT LIABILITY Universal relies upon the recitation of medical records in the declaration of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Plaintiff’s Opposition to Defendant City of Sacramento Fire Department’s Motion for a New Trial INTRODUCTION AND SUMMARY OF THE ARGUMENT The defendant’s Motion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) Nothing in the moving papers addresses the question of whether Universal complied with its duty to assure the competence of physicians – including…