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Legal Cases
(07-12-2007) The Oklahoma Supreme Court invalidates part of a state law that bars medical evidence from a doctor hired by an injured worker to be presented in a workers' compensation case.
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(05-2006) The Mississippi Board of Medical Licensure has adopted new regulations on doctors testifying as experts, a move some attorneys say could deter physicians from testifying in malpractice cases. . - full story
(04-12-2006) The Maryland Court of Appeals has decided that most identifying information about victims and witnesses, including their names, will not be made available online in certain court cases. - full story
John Caher (October 20, 2003) -- In a ruling that underscores the tension between the work-product doctrine and disclosure, a Northern District judge in New York has adopted a bright-line rule and ordered a plaintiff to disclose letters her attorney wrote to an expert witness. - full story
Chun vs. Henick was an automobile personal injury action filed in the year 2000. It was stipulated that the New Jersey Automobile Insurance Cost Reduction Act (AICRA) applies. N.J.S.A. 39:6A-1 et. seq. In order to satisfy the requirements of that Act, the plaintiff must provide a written certification of permanency of injury within 60 days of the answer1 and at trial prove that permanency exists. N.J.S.A. 39:6A-8. - full story
New Jersey Law Journal (September 25, 2003) -- Lawyers in high-stakes litigation have long relied on trial consultants, secure in the generally held belief that their discussions over strategies and files would not have to be shared with adversaries. - full story
PHILADELPHIA (September 12, 2003) -- The judge in the Pennsylvania coordinated state PPA litigation has allowed plaintiffs' experts to "extrapolate" the findings of the Yale Hemorrhagic Stroke Project (HSP) to men and women of all ages and to ischemic stroke (In Re: Phenylpropanolamine [PPA] Litigation, No. 010900001, Pa. Comm. Pls., Philadelphia Co.). - full story
"Appellants, the American Chiropractic Association, the Virginia Chiropractic Association, individual chiropractors, and individual patients of chiropractors, brought this action against Trigon Health, Inc. and subsidiaries that do business as Trigon Blue Cross Blue Shield (now Anthem S.E.) for violation of the antitrust laws, tortious interference, conspiracy to harm chiropractors’ practices, RICO, breach of contract and violation of the Virginia equality laws. The district court dismissed the claims under RICO and the Virginia insurance equality laws pursuant to Fed. R. Civ. P. 12(b)(6). The district court granted summary judgment in favor of Trigon on the antitrust, tortious interference, conspiracy, and breach of contract claims." - download article
Did customer's fall in grocery store cause her advanced degenerative disc disease and osteoarthritis? To show causation, customer offers testimony from her chiropractor, Dr. Brian Reilly. District court admits testimony and jury awards damages to customer. Admissibility affirmed. Defendant concedes chiropractor's qualifications but contends that his testimony did not rest on reliable principles. However, chiropractor performed legitimate differential diagnosis, ruling out other potential causes, and relying on medical tests as well as patient's medical history. Defendant complains that chiropractor cited no studies establishing that falls can trigger degenerative disc disease. But medical experts need not always be able to invoke published literature in support of general causation. Moreover, jury could have found causation based entirely on testimony from plaintiff's other experts. - download article
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