The Slip and Fall Case: Malcolm v. Regal Ideas, INC. In Malcolm v. Regal Ideas, INC., the plaintiff alleged he sustained injuries while using a ladder sold by Regal Ideas, INC. While atop the ladder, the rungs broke beneath him,…

Whenever an attorney is litigating a case involving personal injuries, the case almost always needs a medical expert’s assistance. These cases include medical malpractice, product liability, or workers’ compensation claims, among others. Medical professionals are uniquely qualified to opine given…

For plaintiffs’ lawyers in Virginia, facing a medical expert hired by the defense’s insurer poses a number of problems. Among them is the application of Virginia’s Collateral Source Rule. This rule prohibits plaintiffs and their attorneys from discussing the defendant’s…

On one hand, you have the opportunity to stand up to mammoth manufacturers. You could secure justice for a class of injured consumers. On the other hand, you’re facing down a goliath. This giant likely has the legal team to…

After a slip, trip, and fall event, it can be difficult for counsel to establish a fact pattern if there is no third-party witness or surveillance footage available. The matter may be even further complicated by the plaintiff’s inability to…

In Pennsylvania, the rules controlling expert witnesses are similar to the federal rules—with some notable exceptions. One such exception is that attorneys can effectively defend their expert’s reliance on hearsay and other inadmissible evidence. However, under the Frye standard, PA…

The goal of IMEs is to render an unbiased opinion of the party’s injuries. Defense counsel, an insurance carrier, or an employer will typically request an IME. They’re requested to resolve disputes on the injury’s cause, to clarify the extent…

The law and ethical rules dictate that a lawyer’s fee must be “reasonable.” In civil litigation, the topic of attorneys’ fees may arise when the prevailing party seeks said fees as part of their award. On the other side of…

A New Jersey federal district court recently denied motions to sever first-party and third-party actions and to bifurcate a long-fought medical malpractice case. This complex case stems from a dismissed initial lawsuit due to a withdrawn medical expert witness. Following…

After providing medical expert testimony in suspected child abuse cases for more than three years, a doctor in Tacoma, Washington has left her hospital post. Dr. Elizabeth Woods’s exit comes after an explosive investigation exposed her lack of credentials in…