The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most efficient and cost effective method for collection. The requesting party has as complicated job. For discovery requests to […]
Author: SearcyLaw
You have seen it. You have dodged it and… You have been nearly injured by it. Dangerous road debris on I95 and other major roadways. It is dangerous to drivers and as 22-year-old Holden Armory has learned the hard way, road debris can be nearly lethal. This young, talented musician […]
Recently, the Second District Court of Appeals decided the case of Gina Marie Bove, as Personal Representative of the Estate of Anthony Bove, deceased v Naples HMA, LLC d/b/a Physicians Regional Medical Center-Pine Ridge; William Akin, MD; and Jay Wang, MD. (41 Fla. L. Weekly D827f). An appeal was taken […]
What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping “junk science” away from jurors. The theory, I suppose, is that jurors […]
Just imagine the courtroom scene… The negligent party is in the courtroom being examined by plaintiff’s counsel: “Now, isn’t it true that you turned left in front of my client at the intersection of A and B streets?” “I made a turn that was approximately 86 degrees in the westerly […]
A young man permanently confined to a wheel chair for the rest of his life. No more bicycle riding. No more dancing. No more walking down the street to a friend’s house. No more of anything you and I would call living. Dontrell Stephens was shot four times by a […]
Heart disease. Blood clots. Osteoarthritis. Spinal damage. Whiplash cervical droop. Increase in uterine cancer. Increase in colon cancer. Diabetes. Decreased life expectancy. What can cause or contribute to all these horrible ailments? Some doctors and researchers believe that sitting too much can lead to these problems. Even if too much […]
Trying to make the best of rules open to highly subjective interpretation… Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine knowledge about the proof available for their causes of action and defenses. If done […]
In Florida, do we citizens who live here comprise “the State”? The attorney general in Florida has launched another one of her battles; which I would guess she characterizes as “defending the best interests of Florida, the state constitution and all the little people in Florida.” The attorney general’s fight? […]
In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process, since they typically possess the bulk of documents, data and other evidence. Their familiarity […]
