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Posted on September 24, 2019 by Peter George

As I pointed out less than a month ago (see my August 27th post), sports-related litigation is a growth business these days.  The latest example is Antonio Brown’s anticipated grievance against the New England Patriots, seeking nearly $10 million in unpaid salary and guarantees.  Sports Illustrated’s legal analyst, Michael McCann, has an excellent article about the case, including an in-depth discussion of the legal and factual issues, at

Posted on September 17, 2019 by Flatwater Forensics

Today’s decision-makers require cogent translation from the emerging digital languages of Cybersecurity, privacy, computer forensics, and data analytics to the languages of business and law.  Flatwater Forensics is a boutique consultancy built on this foundational principle.  Our team employs a singular focus—helping you understand and successfully navigate the often perilous confluence of data and your business ventures.

Posted on September 10, 2019 by Marty Aisenberg

The case is Ashland Hospital Corp. v. Lewis, http://opinions.kycourts.net/sc/2018-SC-000276-DG.pdf (8/29/2019).  The defendant, an interventional radiologist, performed a cerebral angiogram to assist in diagnosing the cause of the plaintiff’s chronic headaches.  A recovery room nurse told the defendant that the plaintiff was complaining of headache and scotoma (spots in his field of vision).  These symptoms may indicate a stroke, but they also are not uncommon after a cerebral angiogram.

Posted on September 3, 2019 by Flatwater Forensics

In internal investigations and across substantive areas of litigation, we have encountered a new and unmistakable reality—data is not a loose collection of independent things like documents, devices or accounts; Data is a System.

Posted on August 27, 2019 by Peter George

Historically, professional sports has not been viewed as a field rich in opportunities for litigation (Flood v. Kuhn notwithstanding).  Over the past few decades, however, there has been a substantial increase sports-related litigation, which in turn has provided ample opportunities for experts to assist both plaintiffs and defendants.

Posted on June 25, 2019 by Marty Aisenberg

The Kansas Supreme Court recently struck down a $250,000 statutory cap on noneconomic damages in all personal injury cases, holding that the statute violated the right to a jury trial guaranteed by the Kansas Constitution.  Hilburn v. Enerpipe, http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190614/112765.pdf (6/14/2019).  In doing so, the court reversed a 7-year-old precedent, Miller v.

Posted on June 5, 2019 by Peter George

Facebook, one of the three tech giants that have come to dominate both our business and personal worlds, is becoming increasingly controversial and faces significant challenges to its policies, and potentially to its very existence.

Posted on May 23, 2019 by Marty Aisenberg

As in any professional malpractice litigation, the plaintiff in a legal malpractice case must present expert opinion testimony to establish that the defendant breached the standard of care.  Unlike other professional malpractice cases, however, the causation issue in a legal malpractice case – namely, whether the client would have achieved a better result if the attorney had handled the matter properly – almost always presents a question of law, and such questions are not a proper subject for expert testimony.  As a federal court of appeals tartly observed, “Each courtroom comes equipped wi

Posted on May 16, 2019 by Peter George

Vident Partners provides medical malpractice experts to both plaintiff and defense attorneys.  And over the 15 years that we’ve been in business we’ve seen a wide variety of issues, most of which we’ve been able to service with skilled, on-point experts.  But a recent article by Dr.

Posted on May 7, 2019 by Marty Aisenberg

In Azmat v. Bauer, http://opinions.kycourts.net/sc/2016-SC-000560-DG.pdf, the Kentucky Supreme Court addressed an unusual but interesting issue concerning the unauthorized practice of law in the “next friend” context. 

The full caption of the case is Sameena Azmat, as Mother and Next Friend of Nausher Azmat v. George W. Bauer, MD et al.  The court explained this type of lawsuit as follows:

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