As we prepare for Thanksgiving 2020, I think we all can be thankful that we are approaching the end of this strange year. At one point in late spring I researched the prophecies of Nostradomus to see if he had predicted a year of disasters in 2020 – but alas, he did not. In fact, I have been unable to locate a single prediction of doom for this year anywhere, although several science fiction stories, novels and films have treated this era as one fraught with danger, both earth-based and coming from outer space.
I’ve been in the expert referral business for 15 years, during which I’ve recommended consulting and testifying experts to hundreds of attorneys. I’ve had my share of misses – i.e., either the attorney didn’t engage an expert I recommended, or an expert failed to satisfy the attorney and was replaced. But in the large majority of cases, the expert I recommended was retained and met or exceeded the attorney’s expectations.
I recently had occasion to refer a neuro-ophthalmologist to Jason Rubin, a plaintiffs’ attorney in New York who is one of my regular clients. The plaintiff/patient had increased intracranial pressure (the reason is not important here) that was affecting her optic nerves, with resulting visual impairment. She eventually had a ventriculoperitoneal shunt inserted to relieve the pressure, but by that time she had very significant vision loss that got even worse postoperatively, and she ended up with severe, permanent vision loss. The issue requiring the expert’s opinion was whether earlier p
It’s been just two months (though it seems much longer in this era of what I call “COVID-induced time dilation”) since we first wrote about existing and anticipated litigation arising out of the COVID-19 pandemic, https://www.videntpartners.com/blog/2020/unintended-consequences. At that time, employees had filed 588 lawsuits (69 of which were class actions) against employers alleging labor and employment violations (retaliation, wrongful termination, discrimination, failure to accommodate, etc.) related to the c
Revisiting an old blog is often a useful exercise. For us at Vident, this particular post is always relevant, because our business is providing experts, and we’re always focused on the “why” as well as the “how” when we promote our services. So if you haven’t seen this one, or even if you have, it’s a useful reminder of why we do what we do and how completely you can rely on us to do it right.
This question was recently answered in the affirmative by California’s intermediate court of appeals in Bolger v. Amazon.com (4th App. Dist., Div. One, 8/13/2020), https://static.reuters.com/resources/media/editorial/20200813/bolgervamazon--opinion.pdf, and in the negative by the Ohio Supreme Court in Stiner v.
The Yiddish word “chutzpah” is difficult to translate into English because Yiddish is a nuanced language, with many words that carry several shades of meaning as well as significant emotional content. In English, chutzpah is usually understood to mean audacity (positive) or arrogance (negative). Other English near-synonyms include brashness, brazenness, gall, nerve, temerity. Imagine, then, how much chutzpah it would take to call someone a f***ing Jew and then, when he sues, move for summary judgment on the ground that he actually isn't Jewish.
Troy Payne is an attorney with over 13 years of experience as a federal law clerk, a law firm associate, and managing director of a digital forensics and analytics consultancy. His experience includes work in state, federal and international courtrooms, assisting judges and senior counsel with the conduct of dozens of trials.
We are pleased to introduce Douglas J. Blair, an expert in the field of electronic medical records (EMR). Doug is a fellow of the American College of Medical Practice Executives and a Certified Professional with the Health Information Management Systems Society.
I’ve previously written about the surprising (to me) number of reported cases in which “the plaintiff failed to provide an adequate expert opinion on causation during discovery, resulting in summary judgment for the defendant.” See https://www.videntpartners.com/blog/2020/product-liability-defendant-wins-summary-judgment-because-plaintiff%E2%80%99s-expert-offered-no and previous blog posts cited therein.
