Preparing the Physician for Deposition and Trial
|
|
- Jewel Wilson
- 6 years ago
- Views:
Transcription
1 Preparing the Physician for Deposition and Trial
2 Objectives Upon completion of this seminar, attendees should be able to: 1. List ways in which the physician can act as their own advocate and take an active role in their own defense; 2. Understand the critical importance of depositions and trial to the successful resolution of any medical malpractice case, and why thorough preparation is essential; and 3. Outline the different types of questions the physician can expect to be asked during deposition and trial and how to best respond to those questions.
3 Percent of Physicians with a Claim 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Years Insured All Specialties Family Medicine Pediatrics Emergency Medicine Radiology OB/GYN
4 New Claims per 100 Physicians (Claim = lawsuit or demand for money)
5 Lawsuit Outcomes 90% 80% 70% 60% 50% 40% 81% 74% 30% 20% 15% 20% 10% 0% 4% 6% Tried Settled Resolved With No Payment
6 Litigation Steps (Chronology) Lawsuit Written Discovery Depositions Expert disclosures and depositions Trial
7 Deposition Discovery o o o o Discover knowledge, recollection, position Pin down Evaluate witness Set traps
8 How to Prepare for Deposition? Strategy and theme Semantics Items to review Research Mock depositions Witness prep consultant Plaintiff attorney s style Appearance and demeanor
9 Case Study
10 Medical Literature Impeachment Significance of questions re: literature Video example
11 Authoritative Text Dr. Connor, Surgeon
12 Video Recap
13 Do Not Educate the Plaintiff s Attorney Fair, concise and direct response to question Use normal medical lexicon How much is too much?
14 Talking With Others Attorney/client privilege Other privileges No specifics Video example
15 Discussing The Case Dr. Connor, Surgeon
16 Video Recap
17 Comparative Fault Apportionment (percentage) of blame Boiler Plate Assertions Finger pointing Party vs. Non-Party Negligence of the patient
18 Questions Regarding Care by Others Diplomatic charting and communication Ramifications of finger pointing Role of experts Video example
19 Comparative Fault (Bad Version) Dr. Stuart, PCP
20 Video Recap
21 Comparative Fault (Good Version) Dr. Stuart, PCP
22 Video Recap
23 Comparative Fault (Non-Party) Dr. Yune, Cardiologist
24 Video Recap
25 Phases of Trial Voir Dire Opening Statements Plaintiff s Evidence Defendant s Evidence Closing Arguments
26 General to Specific Questioning Every question has a purpose Plaintiff s strategy Defense tactics and theme Video example
27 General to Specific Questioning (Bad Version) Dr. Stuart, PCP
28 Video Recap
29 General to Specific Questioning (Good Version) Dr. Stuart, PCP
30 Video Recap
31 Hypothetical Questions Be wary/listen carefully Don t accept the facts as true Opportunity to explain your answer Reformulate the question Video example
32 Hypothetical Questions Dr. Stuart, PCP
33 Video Recap
34 Burden of Proof Standard of care Deviation from standard Injury caused by deviation Damages ($$$) Preponderance of the evidence
35 Meeting the Burden of Proof Role of expert testimony Statutory requirements Selection process
36 Conclusion of the Trial Closing argument Jury instruction Jury deliberation Sample jury verdict form
37 IN THE CIRCUIT COURT FOR OZ COUNTY, STATE OF BILL JONES, husband and ) next of kin of KAREN JONES, ) Deceased, ) ) Plaintiff, ) ) v. ) No ) RODNEY STUART, M.D., ) ) Defendant, ) VERDICT FORM We, the jury, present the following answers to the questions submitted by the Court:
38 1. Rodney Stuart, M.D.: (a) Do you find that Rodney Stuart, M.D. violated the applicable standard of care during his care of Karen Jones? Answer: (Yes or No) (If you answered No to part a, then stop your deliberations, have the foreperson sign this document, and notify the Court Officer. If you answered Yes to this question, proceed to part b.) (b) Do you find that this violation of the standard of care was a proximate cause of the death of Karen Jones? Answer: (Yes or No)
39 2. Jay Connor, M.D.: (a) Do you find that Jay Connor, M.D. violated the applicable standard of care during his care of Karen Jones? Answer: (Yes or No) (If you answered No to part a, skip part b. If you answered Yes to this question, proceed to part b.) (b) Do you find that this violation of the standard of care was a proximate cause of the death of Karen Jones? Answer: (Yes or No)
40 Preamble to Question No. 3 If you found that one or both physicians listed above were at fault i.e., you have answered Yes to both parts (a) and (b) with respect to Question 1 and 2 then proceed to Question No. 3. If you have not found any of the physicians listed above to be at fault, then stop deliberations, have your foreperson sign the verdict form, and then return to the courtroom. 3. Percentage of Fault: What percentage of fault, if any, do you assess against the following? If you have previously determined that one of the persons listed below was not at fault, then enter 0 in the line beside that name. (Your percentages must add up to equal 100%. Your number may not be greater than 100%.) Rodney Stuart, M.D. % Jay Connor, M.D. % TOTAL: 100%
41 4. What amount of damages do you find: Loss of Earnings Loss of Consortium Loss of Enjoyment of Life Medical Expenses Pain & Suffering Funeral and Burial Expenses Total $ Signature of Foreperson Date
42 Trial Results % 80% 70% 60% 50% 40% 30% 20% 10% 0% 78% 80% 74% 67% 56% 21% 22% 22% 17% 18% 12% 13% 9% 7% 4% Plaintiff Verdicts Defense Verdicts Mistrial/Nonsuit or Settled During Trial
43 SVMIC Lawsuits Closed % 80% 76% 75% 76% 15% 20% 24% 25% 24% With Loss Payment Without Loss Payment
44 Average Settlement and Average Verdict 700, , ,000 $528,748 $627, , , , ,000 $281,982 $300, Settlement Verdict
45 The Physician Experience
NO. 07-CI JEFFERSON CIRCUIT COURT DIVISION TEN (10) JUDGE IRV MAZE TONIA FREEMAN PLAINTIFF. BECKER LAW OFFICE, PLC, et al.
NO. 07-CI-10400 JEFFERSON CIRCUIT COURT DIVISION TEN (10) JUDGE IRV MAZE TONIA FREEMAN PLAINTIFF v. BECKER LAW OFFICE, PLC, et al. DEFENDANTS * * * * * * * * * * * * * * * JURY INSTRUCTIONS * * * * * *
More informationTara A. Newman v. Wonderful Miracle Hospital, Dr. Sharpest Blade, Ima Smartone, RN and Sharron D. Blame, RN EXHIBITS
Tara A. Newman v. Wonderful Miracle Hospital, Dr. Sharpest Blade, Ima Smartone, RN and Sharron D. Blame, RN EXHIBITS Exhibit One Exhibit Two Exhibit Three Exhibit Four Exhibit Five Exhibit Six Exhibit
More informationThe Civil Action Part 1 of a 4 part series
The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This
More informationTrial Academy Voir Dire: The Rejection Process
1 Trial Academy Voir Dire: The Rejection Process William M. Dalehite, Jr. Steen Dalehite & Pace, LLP 401 E. Capitol Street, Suite 415 Heritage Bldg., P.O. Box 900 Jackson, MS 39205 1 2 VOIR DIRE: THE REJECTION
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S. TIGAR A. Meeting and Disclosure Prior to Pretrial Conference At least
More informationIN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION. Case No. 51-
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION Case No. 51-, vs. Plaintiff, Defendants. ORDER SETTING JURY TRIAL AND PRE-TRIAL CONFERENCE
More information7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE
CHARGE 7.32 Page 1 of 9 7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE The interrogatories selected by the Committee for submission to the jury on the issue of comparative
More informationMODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE
Page 1 of 25 100.00 MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. NOTE WELL: This is a sample only. Your case must be tailored to fit your facts and the law. Do not blindly follow this pattern.
More informationA Guide to Your First Mock Trial
A Guide to Your First Mock Trial Opening Statement (Begin with some kind of hook or story to make the jury interested in your statement.) Good morning ladies and gentlemen of the jury. My name is and I
More informationUPDATE MEMORANDUM 2016 ISBA High School Mock Trial Invitational
UPDATE MEMORANDUM 2016 ISBA High School Mock Trial Invitational Dunn v. Davies First Update Memo 1/4/2016 ANSWERS TO QUESTIONS SUBMITTED BY TEAMS 1. Question: It seems jury instructions explain analysis
More informationIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Plaintiff(s) vs. Defendant(s) / CASE NO. COMPLEX CIVIL DIVISION JUDGE ORDER SETTING TRIAL PRE-TRIAL INSTRUCTIONS AND
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 25, 2014 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 25, 2014 Session GERALD ROGERS, NEXT OF KIN OF VICKI L. ROGERS v. PAUL JACKSON, M. D., ET AL. Appeal from the Circuit Court for Rutherford County
More informationGENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to
GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must follow the law as I state it
More informationUNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA., CASE NO. -CA- CIVIL DIVISION 20 Plaintiff, vs., Defendant. / UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL
More informationThe American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction
The American Court System BASIC JUDICIAL REQUIREMENTS Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdicti on Venue Standing to Sue Jurisdiction
More informationVIEW FROM THE WITNESS BOX: TESTIFYING IN COURT
By Matthew J. DeGaetano, DC and Steve Baek, DC Certified in Personal Injury VIEW FROM THE WITNESS BOX: TESTIFYING IN COURT A physician called to be an expert medical witness can take a number of steps
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE
Filed 9/27/11 Certified for publication 10/19/11 (order attched) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE ROBERT DOZIER, Plaintiff and Appellant, v. B224316
More informationCASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:
Plaintiff(s), vs. Defendant(s). / IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: DIV 71 UNIFORM ORDER REGARDING SETTING CASE FOR JURY TRIAL, PRE-TRIAL
More information9 of their attorneys you have learned the conclusion which 10 each party believes should be drawn from the evidence
6 THE COURT: Thank you very much, Mr. Kelly. 7 Members of the jury, you have now heard all the 8 evidence Introduced by the parties and through the arguments 9 of their attorneys you have learned the conclusion
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed October 13, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D15-1853 Lower Tribunal No. 13-12833 Jose Vila, Appellant/Cross-Appellee,
More informationPREPARING FOR TRIAL. 3. Opponent s experts identified, complete Rule 26 responses received and, if possible and necessary, experts have been deposed.
1 PREPARING FOR TRIAL I. To Be Completed 60 Days Before Trial The following is a list of things that we should endeavor to have done 60 days before trial. While we cannot control what deadlines the court
More information/ Court: 055
2017-17128 / Court: 055 NO. 3/11/2017 2:56:57 PM Chris Daniel - District Clerk Harris County Envelope No. 15809392 By: Jelilat Adesiyan Filed: 3/13/2017 12:00:00 AM CRISELDA G. CHAPA, IN THE DISTRICT COURT
More informationPLAINTIFF'S SUBMISSION OF PROPOSED JURY INSTRUCTIONS. Civil No Judge Barry Lawrence. Tier 3
Charles H. Thronson, USB 3260 Nicholas Bernard, USB 15996 PARSONS BEHLE & LATIMER 201 South Main Street, Suite 1800 Salt Lake City, Utah 84111 Telephone: 801.532.1234 Facsimile: 801.536.6111 cthronson@parsonsbehle.com
More informationFunction of the Jury Burden of Proof and Greater Weight of the Evidence Credibility of Witness Weight of the Evidence
101.05 Function of the Jury Members of the jury, all the evidence has been presented. It is now your duty to decide the facts from the evidence. You must then apply to those facts the law which I am about
More informationSecond, you must not be influenced by sympathy, passion or prejudice in favor of any party or against any of the parties.
CLOSING INSTRUCTIONS Members of the jury, we now come to that part of the case where I must give you the instructions on the law. If you cannot hear me, please raise your hand. It is important that you
More information13 ADVANCED TRIAL TIPS. Gary K. Burger BURGER LAW BurgerLaw.com
13 ADVANCED TRIAL TIPS Gary K. Burger BURGER LAW BurgerLaw.com 314-542-2222 1. The simpler and shorter case usually wins. If you can t put your trial on quickly, figure out why. You are there for a specific
More informationTHE BASICS OF PHYSICIAN DEPOSITIONS
THE BASICS OF PHYSICIAN DEPOSITIONS Presented by: www.thehealthlawfirm.com Copyright 2017. George F. Indest III. All rights reserved. George F. Indest III, J.D., M.P.A., LL.M. Board Certified by the Florida
More information* * * * * * * * Members of the Jury Panel [or Ladies and Gentlemen of the Jury Panel]:
Misc. Docket No. 11-9047 AMENDMENTS TO TEXAS RULES OF CIVIL PROCEDURE 281 AND 284 AND TO THE JURY INSTRUCTIONS UNDER TEXAS RULE OF CIVIL PROCEDURE 226A ORDERED that: 1. Pursuant to Section 22.004 of the
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY
[Cite as Abels v. Ruf, 2009-Ohio-3003.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) CHERYL ABELS, et al. C.A. No. 24359 Appellants v. WALTER RUF, M.D., et al.
More informationEVIDENCE ISSUES IN MEDICAL NEGLIGENCE CASES
EVIDENCE ISSUES IN MEDICAL NEGLIGENCE CASES Catherine Eagles, Senior Resident Superior Court Judge (August 2009) (slightly revised by the School of Government to include changes made by Session Law 2011-400)
More informationMock Trial Practice Law Test
Mock Trial Practice Law Test NOTE: The practice law test is provided as an example and will not be updated each year. Below are sample questions that are similar to those that students may see on the real
More informationCase of the Missing Puppy
Case of the Missing Puppy Goal To familiarize students with the civil justice legal process. Objectives 1. Students will demonstrate understanding and use of vocabulary associated with the legal process.
More informationBook containing this chapter and any forms referenced herein is available for purchase at or by calling
The chapter from which this excerpt was taken was first published by IICLE in the 2018 edition of Medical Malpractice and is posted or reprinted with permission. Book containing this chapter and any forms
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 24, 2012 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 24, 2012 Session SUSAN DANIEL V. BRITTANY SMITH Appeal from the Circuit Court for Coffee County No. 35636 L. Craig Johnson, Judge No. M2011-00830-COA-R3-CV
More informationTRIAL ADVOCACY - FALL 2005
TRIAL ADVOCACY - FALL 2005 Thomas K. Maher 312 W Franklin Street Chapel Hill, N.C. 27516 (O) 929-1043 (H) 933-5674 TKMaher@tkmaherlaw.com General Instructions 1. General Information. The class will meet
More informationLay Witness and Expert Witness Depositions in Personal Injury Cases: Advanced Deposition Techniques
Presenting a live 90-minute webinar with interactive Q&A Lay Witness and Expert Witness Depositions in Personal Injury Cases: Advanced Deposition Techniques Leveraging Restatement, Summarization, Boxing-In
More informationUNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. CIVIL DIVISION 37 Plaintiff(s), vs. Defendant(s). / UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE
More informationJudicial Assistant s > ALWAYS copy opposing counsel(s) on correspondence to the Court
Honorable Judge Amy M. Williams 545 First Avenue North, Room 417 St. Petersburg, FL 33701 Judicial Practice Preferences Circuit Civil/Section 11 2019 JURY TRIAL WEEKS *ALL ONE WEEK DOCKETS* JANUARY 7 FEBRUARY
More informationHoward v. Univ. of Med. & Dentistry of N.J., 172 N.J. 537, 558 (2002). 463.
Court explained that expert testimony would normally be required to prove the increased risk. 462 The second prong of the analysis is whether the substantially increased risk would cause a reasonably prudent
More informationRobert I, Duke of Normandy. 22 June July 1035
Robert I, Duke of Normandy 22 June 1000 1 3 July 1035 Speak French here! TORQUE WRENCHES TORTURE And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French,
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNIFORM PRETRIAL SCHEDULING ORDER. Civil No. 1:13-CV-1211 vs. GLS/TWD Andrew Cuomo, et al.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNIFORM PRETRIAL SCHEDULING ORDER Matthew Caron, et al. Civil No. 1:13-CV-1211 vs. GLS/TWD Andrew Cuomo, et al. Counsel for all parties having
More informationNeil B. KIRSCHEN, M.D., Winthrop University Hospital, Linda W. Roberts,
Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL 12711957... 2015 WL 12711957 (N.Y.Sup.) (Verdict, Agreement and Settlement) Supreme Court of New York. Nassau County Arlene DANIELE, Plaintiffs,
More informationPREPARING, TAKING AND APPLYING MEDICAL TESTIMONY TO SUPPORT A PERSONAL INJURY CASE
PREPARING, TAKING AND APPLYING MEDICAL TESTIMONY TO SUPPORT A PERSONAL INJURY CASE Taylor T. Perry, Jr. 1. THE MOST IMPORTANT ELEMENT IN ANY AUTOMOBILE ACCIDENT CASE FROM THE PLAINTIFF S PERSPECTIVE IS
More informationPrintable Lesson Materials
Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two
More informationFRCP 30(b)(6) Notice or subpoena directed to entity to require designation of witness to testify on its behalf.
I. Deposition Goals A. Each deposition and each deposition question should be aimed at accomplishing a desired result. 1. Determine knowledge of relevant facts and pin down lack of knowledge of relevant
More informationHonorable Judge Thomas Ramsberger 545 First Avenue North, Room 200 St. Petersburg, FL JURY TRIAL WEEKS * ALL ONE (1) WEEK DOCKETS *
Honorable Judge Thomas Ramsberger 545 First Avenue North, Room 200 St. Petersburg, FL 33701 Judicial Practice Preferences Circuit Civil / Section 19 (Last Updated: March 19, 2019) 2019 JURY TRIAL WEEKS
More informationCourtesy of RosenfeldInjuryLawyers.com (888)
Jury Instructions Now that the evidence has concluded, I will instruct you as to the law and your duties. The law regarding this case is contained in the instructions I will give to you. You must consider
More informationTRIAL PRACTICE No SPRING 2012
TRIAL PRACTICE No. 613 - SPRING 2012 William F. Martson, Jr. Tonkon Torp LLP 888 SW Fifth Avenue, Suite 1600 Portland, OR 97204 (0) 503-802-2005 (C) 503-799-5743 Email: rick.martson(tonkon.com General
More informationCLOSING INSTRUCTIONS. this case. As I mentioned at the beginning of the trial, you must keep an open
CLOSING INSTRUCTIONS I. GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must keep
More informationThe Anatomy. of a Claim Loss Prevention Seminar for Physicians
The Anatomy of a Claim 2016 Loss Prevention Seminar for Physicians PRESENTER Mallory Earley Risk Resource Advisor ProAssurance Toll Free: 1-844-223-9648 Direct: 205-802-4789 mearley@proassurance.com Disclosure
More informationPLAINTIFFS FIRST AMENDED PETITION FOR DAMAGES
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY MARK WINTERS, individually, and as Plaintiff Ad Litem on behalf of Decedent Marjorie Joyce Winters and JEFFREY WINTERS, JESSICA WINTERS,
More informationPreparing and Protecting Witnesses from the Reptile During Trial
Preparing and Protecting Witnesses from the Reptile During Trial Heidi E. Ruckman Heyl, Royster, Voelker & Allen 120 West State Street Rockford, IL (815) 985-2240 hruckman@heylroyster.com Heidi E. Ruckman
More informationDynamic Opening Statements How to Establish Credibility and Persuade From the Beginning
Dynamic Opening Statements How to Establish Credibility and Persuade From the Beginning Christopher D. Glover Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. Persuade From the Beginning Never Underestimate
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON May 18, 2005 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON May 18, 2005 Session BERNICE WALTON WOODLAND AND JOHN L. WOODLAND v. GLORIA J. THORNTON An Appeal from the Circuit Court for Fayette County No. 4390 Jon
More informationIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Order Number 2016-28-Civ AMENDED ADMINISTRATIVE ORDER INSTITUTING A UNIFORM TRIAL ORDER FOR CIRCUIT CIVIL CASES
More informationStatute Of Limitations
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 18, Number 4 (18.4.10) Recent Decisions By: Stacy Dolan Fulco* Cremer, Shaughnessy, Spina,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS GARY E. GIUSTI, Plaintiff-Appellant, UNPUBLISHED December 2, 2003 BLUE CROSS & BLUE SHIELD OF MICHIGAN, Intervening Plaintiff, v No. 241714 Macomb Circuit Court MT. CLEMENS
More informationThe lessons of Antisdel, Peyton, and Mullins: Covering your bases before filing suit in a death case
The Journal of the Virginia Trial Lawyers Association, Volume 23 Number 4, 2012 5 Young Trial Lawyers The lessons of Antisdel, Peyton, and Mullins: Covering your bases before filing suit in a death case
More informationEffective Management of Civil Cases
Effective Management of Civil Cases Presented to: Managing Civil Trials May 9, 2007 University of North Carolina Chapel Hill So, you are a new judge? Be careful what you wish for 1 First Step Establish
More informationTRIAL PRACTICE No SPRING 2016
TRIAL PRACTICE No. 321 - SPRING 2016 William F. Martson, Jr. Tonkon Torp LLP 888 SW Fifth Avenue, Suite 1600 Portland, OR 97204 (0) 503-802-2005 (C) 503-799-5743 Email: rick.martson@tonkon.com rmartson@willamette.edu
More informationVoir Dire Workshop. Making and Preserving For- Cause Challenges in Voir Dire
Voir Dire Workshop Making and Preserving For- Cause Challenges in Voir Dire November 15, 2011 Houston, Texas By Judge Mike Engelhart 151st Civil District Court Hyundai, 189 S.W.3d 743, Cortez, 159 S.W.3d
More informationBy Aaron B. Maduff Maduff, Medina, & Maduff One East Wacker Dr., 21 st Floor Chicago, Illinois
WINNING FROM WORD ONE: CONSTRUCTING A STRONG OPENING STATEMENT By Aaron B. Maduff Maduff, Medina, & Maduff One East Wacker Dr., 21 st Floor Chicago, Illinois 60601 www.madufflaw.com Everything that man
More informationFall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?
Fall, 2017 F Criminal Litigation 20 17 Criminal Litigation: Arraignment to Appeal! Something must go wrong.! A wrongful act must occur. How Do We Get A Case?! If the law states that the wrongful act is
More information2017 Annual IADC Meeting
2017 Annual IADC Meeting BEWARE THE REPTILE: ANECDOTAL EVIDENCE THAT THE REPTILE THEORY IS ALIVE AND WELL Presented by: Douglas J. Pomatto Heyl, Royster, Voelker & Allen, P.C. Rockford and Chicago, Illinois
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ROSE ANN OLSZEWSKI, Plaintiff-Appellant, UNPUBLISHED January 9, 2001 v No. 212643 Wayne Circuit Court JOE ANDREW BOYD, LC No. 96-611949-NI Defendant-Appellee. Before:
More informationUNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
PETER M. WILLIAMSON, State Bar # 0 WILLIAMSON & KRAUSS Panay Way, Suite One Marina del Rey, CA 0 () - Attorneys for Plaintiff ANTHONY MORALES UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
More informationDepositions in Oregon
Online CLE Depositions in Oregon 1 Practical Skills or General CLE credit From the Oregon State Bar CLE seminar, presented on June 22, 2017 2017 Joseph Franco. All rights reserved. ii Chapter 3 Depositions
More informationARKANSAS COURT OF APPEALS
ARKANSAS COURT OF APPEALS DIVISION II No. CA09-1124 Opinion Delivered SEPTEMBER 29, 2010 DR. MARC ROGERS V. ALAN SARGENT APPELLANT APPELLEE APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT, [NO. CV2008-236-III]
More informationStandard Interrogatories. Under Supreme Court Rule 213(j)
Standard Interrogatories Under Supreme Court Rule 213(j) Under Supreme Court Rule 213(j), "[t]he Supreme Court, by administrative order, may approve standard forms of interrogatories for different classes
More informationDEPARTMENT C26 GUIDELINES HONORABLE GREGORY H. LEWIS
DEPARTMENT C26 GUIDELINES HONORABLE GREGORY H. LEWIS Central Justice Center 700 Civic Center Drive West PO Box 22014 Santa Ana, CA 92701 (657) 622-5226 Court Clerk: Becky Chumpitazi Court Attendant: Trinity
More informationORDER REGARDING RULE EXAMINATION. Pursuant to Florida Rule of Civil Procedure ( Examination of Persons ),
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: vs. Plaintiff(s), Defendant(s). / ORDER REGARDING RULE 1.360 EXAMINATION Pursuant to Florida Rule
More informationHEALTHCARE PROVIDER LIABILITY IN WEST VIRGINIA UPDATE ON THE LAW
HEALTHCARE PROVIDER LIABILITY IN WEST VIRGINIA UPDATE ON THE LAW 2015-2016 Medical Malpractice Claims in West Virginia The Medical Professional Liability Act (MPLA) West Virginia Code Section 55-7B-1 et
More informationChapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION
Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION TRUEFALSE 1. The authority of a court to decide certain types of cases is called jurisdiction. 2. All courts have general jurisdiction. 3. A court that
More informationEmpire Mock Trial Educate. Connect. Empower. A Guide for Competitors from Canada
General Takes place in the fictional State of Midlands. Takes place in the fictional location of YourTown, Cases can be either Criminal (standard of proof is Ontario. All cases are criminal (standard of
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT FRANK BELLEZZA, Appellant, v. JAMES MENENDEZ and CRARY BUCHANAN, P.A., Appellees. No. 4D17-3277 [March 6, 2019] Appeal from the Circuit
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-340 ELSA GAJEWSKY, ET AL. VERSUS JOHN T. NING, M.D., ET AL. ************ APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 73,458
More informationEmerging Trend. Impetus for Trend 9/22/2017. Hold em or Fold em: Gambling with the Introduction of Medical Bills
Hold em or Fold em: Gambling with the Introduction of Medical Bills Presented by Heather G. Connor and Kevin D. Elliott Emerging Trend Growing trend among the Plaintiff s bar to refrain from offering medical
More informationDIRECT, CROSS, REDIRECT& RECROSS
There are 4 types of questioning / examination in a trial: DIRECT, CROSS, REDIRECT& RECROSS They are conducted in the following order. DIRECT: CROSS: *questioning of your OWN witness for the first time
More informationNo. 46,871-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered February 1, 2012. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 46,871-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * DEBORAH
More informationUnited States District Court
Case:0-cv-0-WHA Document Filed0// Page of 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 No. C 0-0 WHA ORACLE AMERICA, INC., Plaintiff, v. GOOGLE INC., Defendant. / FINAL
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 20, 2004 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 20, 2004 Session BRENDA J. SNEED v. THOMAS G. STOVALL, M.D., ET AL. Direct Appeal from the Circuit Court for Shelby County No. 57955 T.D. Karen R.
More informationKingsley v. Hendrickson, et al.
Kingsley v. Hendrickson, et al. The following summary is merely a compilation of some of the statements attributable to witnesses and others who interacted with or witnessed the interaction among and/or
More informationHOW TO BE A SUCCESSFUL EXPERT WITNESS
HOW TO BE A SUCCESSFUL EXPERT WITNESS copyright March 2015 David J. Shuster, Esquire Kramon & Graham, P.A. One South Street, Suite 2600 Baltimore, Maryland 21202 Direct: (410) 347-7404 Office: (410) 752-6030
More informationDefendant(s). / ORDER REGARDING RULE EXAMINATION 1 Pursuant to Florida Rule of Civil Procedure ( Examination of Persons ),
IN THE CIRCUIT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH, COUNTY, FLORIDA CIRCUIT CIVIL DIVISION AA CASE NO.: vs. Plaintiff(s), Defendant(s). / ORDER REGARDING RULE 1.360 EXAMINATION 1 Pursuant
More informationJUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS
JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS Stock Opening Instructions Introduction and General Instructions... 1 Summary of the Case... 2 Role of Judge, Jury and Lawyers...
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D & 5D06-874
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007 CORINA CHRISTENSEN, INDIVIDUALLY, etc., et al., Appellant, v. Case No. 5D06-390 & 5D06-874 EVERETT C. COOPER, M.D.,
More informationPart I Preparing Yourself for Trial
Part I Preparing Yourself for Trial By: Patrick J. Higgins Couch White, LLP 540 Broadway Albany, NY 12207 (518) 426 4600 The Trial Mindset This is law school Your control of process and outcome This is
More informationDeposition Skills and Strategies (CLE)
The American Bar Association Young Lawyers Division 2016 Midyear Meeting San Diego, CA Deposition Skills and Strategies (CLE) Manchester Grand Hyatt Friday, February 5 9:15 AM 10:15 AM DEPOSITION SKILLS
More informationPREPARATION OF THE DEFENDANT FOR DEPOSITION: A PRACTICAL GUIDE. Bruce M. Brady, Esq. Koster, Brady & Nagler, LLP
PREPARATION OF THE DEFENDANT FOR DEPOSITION: A PRACTICAL GUIDE by Bruce M. Brady, Esq. Koster, Brady & Nagler, LLP 133 134 PREPARATION OF THE DEFENDANT FOR DEPOSITION A Practical Guide General Introduction
More informationSchoolcraft v. The City Of New York et al Doc. 553
Schoolcraft v. The City Of New York et al Doc. 553 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------------X ADRIAN SCHOOLCRAFT,
More informationALTERNATIVE DISPUTE RESOLUTION FOR THE AUTOMOBILE CASE: MEDIATION, ARBITRATION AND SUMMARY JURY TRIALS
ALTERNATIVE DISPUTE RESOLUTION FOR THE AUTOMOBILE CASE: MEDIATION, ARBITRATION AND SUMMARY JURY TRIALS by Christina M. Verone Juliano, Esq. Hancock Estabrook, LLP 235 236 5/18/2015 Alternative Dispute
More informationAlpena County. Version 1.0 JURY DUTY HANDBOOK
2010 Alpena County Version 1.0 JURY DUTY HANDBOOK Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws which protect the fundamental
More informationChapter 3 The Court System and Chapter 4 The Litigation Process
Chapter 3 The Court System and Chapter 4 The Litigation Process Ultimately, we are all affected by what the courts say and do. This is particularly true in the business world. Nearly every business person
More informationCAUSE NO. MELANIE MENDOZA, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS
CAUSE NO. 3/10/2014 9:54:52 AM Chris Daniel - District Clerk Harris County Envelope No. 666364 By: Nelson Cuero MELANIE MENDOZA, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS DOUGLAS A.
More informationCASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED
More informationCase 9:01-cv MHS-KFG Document 72 Filed 08/16/16 Page 1 of 10 PageID #: 1935
Case 9:01-cv-00299-MHS-KFG Document 72 Filed 08/16/16 Page 1 of 10 PageID #: 1935 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION STATE OF TEXAS v. NO. 9:01-CV-299
More informationIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR PRETRIAL CONFERENCE ORDER (JURY TRIAL) for Plaintiff.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION, Plaintiff, vs. CASE NO:, Defendant(s). / Present: PRETRIAL CONFERENCE ORDER (JURY TRIAL) for Plaintiff
More informationPrimacy, Recency, and the Opening Statement
Primacy, Recency, and the Opening Statement Lee Ayres Stacey Smith Melerine Ayres Shelton Williams Benson & Paine LLC 333 Texas St Ste 1400 Shreveport, LA 71101 (318) 227-3304 leeayres@arklatexlaw.com
More informationCase4:07-cv PJH Document1171 Filed05/29/12 Page1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case:0-cv-0-PJH Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 0 ORACLE INTERNATIONAL CORPORATION, Plaintiff, No. C 0- PJH v. FINAL PRETRIAL ORDER SAP AG, et al.,
More informationPERSONAL INJURY DEFENSE. Six Humble Suggestions. Successfully. By Clifford L. Harrison
Six Humble Suggestions Successfully Defending a Minor By Clifford L. Harrison A defense damages theme must be tailored to engage a jury s sense of injustice over making a defendant even a large corporation
More information