Product Liability, Bankruptcy and the Proceeds of Legal Action
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
Verdicts
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
Product Liability, Bankruptcy and the Proceeds of Legal Action
When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.
How Analytics Is Shaping the Current and Future Practice of Law
Anyone following the news headlines of late is aware that artificial intelligence (AI) is being heralded as the technology that will transform industries far and wide — including the legal profession. Here we will briefly consider three areas or "maturity levels" of analytics — descriptive, predictive and prescriptive — and look at their role in revolutionizing the practice of law today.
<b><I>Daubert</I></b> Motions Really Do Work
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
How Analytics Is Shaping the Current and Future Practice of Law
Anyone following the news headlines of late is aware that artificial intelligence (AI) is being heralded as the technology that will transform industries far and wide — including the legal profession. The evolution of technology in the practice of law today has already led to significant advances in data analytics and data visualization, each of which are having a significant impact on legal work.
