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In JDSupra Business Advisor, Attorney Robert Rogers writes a summary of a recent Florida case, Nucci v. Target Corp., 40 Fla. L. Weekly D166a (Fla. 4th DCA Jan. 7, 2015). Mr. Rogers sets forth, “A Florida appellate court has ordered a plaintiff to produce photographs from her “private” Facebook page […]

Nearly half a million Americans die each year from hospital mishaps that, more often than not, are preventable. Foreign objects left in patients’ bodies during surgeries, air bubbles entering patients’ veins via faulty IVs and transfusions of wrong blood types are some examples. Finding out how many medical mistakes make […]

Earlier this week, a Missouri appeals court issued an opinion that will hopefully have a significant impact on ongoing litigation against the manufacturers of metoclopramide, the generic version of Reglan.  In this latest case, the appeals court found that plaintiffs Franzman and Niceley, both of whom suffered tardive dyskinesia after […]

I can make it. I will not run the red light. Wrong. First, the light is never as long as you think it will be between the change from yellow to red. Second, the yellow light does not mean “go faster into the intersection”. The statistics are crystal clear that […]

The discovery of electronically stored information (ESI) is loaded with potential pitfalls and failure unless the parties add two components to the mix: cooperation and collaboration. Lacking those components, ESI discovery, at least sometimes, can be one of the more painful experiences for the average trial lawyer. The problem to […]

10.     Thinks a “legal hold” is a marriage license. 9.       Thinks a megabyte is a sandwich served at McDonalds; a gigabyte is a double with cheese. 8.       Thinks proportionality involves yearly shareholder bonuses. 7.       Thinks email is not useful for discovery. 6.       Thinks metadata is the most useful area of […]

I want you to give me access to your entire medical history, gather information from your doctors’ files and allow me to meet with all your doctors – maybe all the doctors you have seen for the last (7) to 10 years —  to discuss your health information. And, I […]

I have been asked by friends and family: “how do you pick a trial lawyer?” I even have those calls about my friend needing a lawyer and wanting the “meanest, nastiest lawyer you know”. So, how do you pick a lawyer or law firm? Should you base it on a […]

When might a legal case involve extensive discovery, including electronic discovery (e-discovery)? Suppose you sue a corporation and want to obtain documents/data (Request to Produce), information from the corporation itself (Interrogatories) and information from employees of the corporation (depositions). What might the subject matter of the lawsuit involve: Breach of […]

A lawsuit is filed…and that is often when the real work begins for all the parties involved. In some cases, neither the plaintiff nor the defendant has all the proof; documents, data and other types of evidence; they need to fully prove their respective cases. So, each party is allowed […]