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Non-Economic Caps are Wrong in Medical Malpractice Cases
Damage caps are WRONG. Non-economic caps are especially wrong in medical malpractice cases. Today, I had to break the news to a 70 year...
Jul 20, 20222 min read


In the Midst of a Nightmare Deposition
Your witness is being deposed. Maybe it's your client or your expert, but it's not going well. In fact, it's a disaster - a "technicolor...
Jun 1, 20222 min read


Memorial Day
Memorial Day. Today we honor our fallen. Yesterday, we were in Knoxville, Tennessee, visiting some old friends who had just moved there....
Jun 1, 20221 min read


Always Consider the Unplanned Events
I traveled about 90 miles for a routine hearing, court approval of a medical malpractice wrongful death settlement. I expected it to be a...
Jun 1, 20221 min read


Civility is Good Enough
The other day I was accused by opposing counsel of sending a "rude" and "condescending" email. The other side hadn't done something it...
Jun 1, 20222 min read


Partial Break is Better than No Break
To check or not to check. That is the question. Checking emails, that is. Last week, I was on a mission trip in Utah. I deliberately left...
Apr 11, 20221 min read


We Are All Connected
I met another lawyer for lunch to discuss working together on FTCA medical malpractice cases. Afterwards, I ran a couple of errands then...
Apr 11, 20222 min read


We All Need to Open Our Eyes
I got an email notification from a legal publication about the death of a prominent Philadelphia plaintiffs’ lawyer. He had killed...
Apr 11, 20221 min read


Never Burn Bridges You Don't Have to Burn
Being 66 years old and having practiced law for over 38 years - over 30 of which has been with managerial or ownership responsibilities -...
Apr 11, 20222 min read


Opposing Counsel Stunt
The other day an opposing counsel pulled what I would politely describe as a “stunt.” It was not technically illegal or unethical, but it...
Mar 16, 20221 min read


Plant The Trees
There is an old saying about the wisdom of someone who plants trees knowing that he will not live long enough to enjoy their shade. We...
Mar 16, 20221 min read


Give Credit Where Credit is Due
Give credit where credit is due. A corollary: Never take credit which is not deserved. A few months ago, I tried a case and got a good...
Feb 1, 20222 min read


Fragility of Life - Things Can Turn Quickly
The year has wrapped up. For trial attorneys, the time around the holidays is usually kind of quiet - unless you have a trial the first...
Jan 25, 20222 min read


Comparison is Corrosive
While running some errands right before the new year's weekend, I ran into a lawyer I knew. We were opposing counsel in a case that was...
Jan 25, 20222 min read


File Flogging is Frustrating
Before switching to representing patients, I was a malpractice defense lawyer for over 30 years. This gives me a certain nose for defense...
Jan 25, 20222 min read


Disasters Happen
Earlier this week we had a snowstorm. Traffic on I-95 ground to a halt. It took Senator Tim Kaine 27 hours to get from Richmond to...
Jan 25, 20222 min read


Solving Behavior Problems
The other day, this bit of automotive advertising caught my eye. I don't know what sort of behavior problems the driver claims to be able...
Jan 25, 20222 min read


Don't Be A Bully
The other day, I got an email from an opposing counsel who wanted to take a deposition of a fact witness. Normal stuff, except for an...
Jan 25, 20221 min read


Undertaking Risk
“You won’t go to court. You just want to settle.” Recently, I dealt with a plaintiff who was unhappy with the resolution of his FTCA...
Jan 25, 20221 min read


Issue Resolution is Everything
Almost everyone with a construction project has issues with their contractor. The tales are often cringeworthy. In some form or another...
Jan 25, 20222 min read
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