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1
National Trial Newsletter - May 2019
A summary of major trial victories from around the firm. Lewis Brisbois has the deepest bench of renowned trial attorneys in the country.
United States
14 Jun 2019
2
New California Case Applying One-Year Statute Of Limitations To Malicious Prosecution Claims Against Attorneys
On March 28, 2019, Division Five of the First Appellate District Court of Appeal published its opinion in Connelly v. Bornstein (Mar. 28, 2019, No. A152375 ___ Cal.App.5th ___...
United States
17 Apr 2019
3
Claims Management Update: Federal Court Removal Quandary In Florida
Miami, Fla. (March 5, 2019) – What if you determine that your company or insured has grounds to dismiss a state court complaint as well as a basis to remove the action to federal court?
United States
14 Mar 2019
4
Writ-Sy Business: The First Steps To Take Before Challenging A Trial Court Order & Filing That Writ
You've obtained an unfavorable trial court order, but you have no right to appeal. If you are in California, you are likely not without some relief.
United States
14 Mar 2019
5
Circumstantial Evidence In Slip & Fall Cases – A Broadening Definition In Illinois
Chicago, Ill., (January 28, 2019) – The appellate courts in Illinois may be trending toward a broader definition of circumstantial evidence in slip and fall cases.
United States
31 Jan 2019
6
Travelers Property Casualty Company Of America v. Engel Insulation, Inc.
In Travelers Property Casualty Company of America v. Engel Insulation, Inc., 29 Cal. App. 5th 830, the Third Appellate District for the California Court of Appeal affirmed the trial court's order granting judgment...
United States
11 Jan 2019
7
Texas Supreme Court Recognizes ‘Sham Affidavit Rule,' Allowing Courts to Disregard Affidavits Contradicting Prior Deposition Testimony
Texas Supreme Court Recognizes ‘Sham Affidavit Rule,' Allowing Courts to Disregard Affidavits Contradicting Prior Deposition Testimony ...
United States
8 May 2018
8
The Texas Supreme Court Rules Trial Courts Must Watch Video Evidence Before Deciding To Exclude; Finds Video Evidence Probative Of "Soft Damages" In Personal Injury Cases
The jury awarded Williams nearly $10 million in damages, two-thirds of which consisted of "soft damages" such as pain and suffering and loss of enjoyment of life.
United States
7 Mar 2018
9
Bronx County Changes Trial Rules For Motor Vehicle Cases
For the past several years, there have been extensive delays in the Bronx County Supreme Court with respect to pending actions receiving final trial dates and proceeding to the commencement of jury selection.
United States
16 Jun 2017
10
Recent Florida Case Law On Letters Of Protection
Letters of Protection complicate accurate valuation and defense of cases involving bodily injury. When a person receives healthcare under a private health insurance plan or governmental insurance...
United States
22 Feb 2017
11
Florida Supreme Court Holds Bad Faith By Insurer Not Required For Award Of Insured's Attorney's Fees
This decision involved a homeowner who filed a claim under her homeowner's insurance policy for sinkhole damage.
United States
3 Jan 2017
12
Attorneys Liability Protection Society, Inc. V. Ingaldson Fitzgerald, P.C.
In Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C., 838 F.3d 976 (9th Cir. 2016), the Ninth Circuit Court of Appeal, in ruling on cross-appeals from a grant of summary judgment...
United States
19 Dec 2016
13
Washington Supreme Court Affirms Dismissal Of Asbestos Related Wrongful Death Case On The Basis Of The Statute Of Limitations Over A Vigorous Dissent
In Deggs v. Asbestos Corp. Ltd., Supreme Court Cause No. 91969-1, 2016 Wash. LEXIS 1132 (Oct. 6, 2016), Judy Deggs' wrongful death claims arose out of an asbestos-related injury to her father Ray Sundberg.
United States
9 Nov 2016
14
Louisiana Court Holds Documents Created By Loss Prevention And Claims Management Companies Are Not Protected As Work-Product
A tug towing company employee was injured while he was aboard a vessel owned by the defendant, Crosby Tugs, L.L.C. Crosby sought production of documents from Aucoin Claims Service.
United States
28 Sep 2016
15
New CA Supreme Court Opinion On Anti-SLAPP Procedure Overturning The Mann Rule Regarding Mixed Causes Of Action
Recently, the California Supreme Court tackled a lingering question about California's anti-SLAPP statute in Baral v. Schnitt.
United States
20 Sep 2016
16
Admissibility Of Biomechanical Expert Testimony
The use of biomechanical evidence is increasingly important as more and more low-impact collisions are followed by claims of excessive injuries and fusion surgeries of questionable necessity.
United States
30 Aug 2016
17
Supreme Court Outlines New Standards For Attorneys' Fees Awards In Copyright Cases
17 U.S.C. Section 505 has long dictated that District Courts "may...award a reasonable attorneys' fees to the prevailing party....".
United States
26 Jun 2016
18
The Collateral Source Rule In Florida
The collateral source rule and, more generally, pre and post verdict setoffs of economic damages, have become extremely complicated under Florida law.
United States
23 Mar 2016
19
Time Marches On, Or Does It?
If an action is brought within the Statute of Limitations but is terminated in a manner that is not on the merits, New York Civil Procedure and Rules, "CPLR", 205(a) allows a plaintiff six months amend...
United States
29 Jan 2016
20
The Applicability Of California's Anti-SLAPP Statute To Alleged Legal Malpractice Actions
Although actions brought against attorneys by third parties for "litigation-related activities" are generally subject to California Code of Civil Procedure section 425.16...
United States
4 Dec 2015
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