As every trial lawyer knows, the admissibility of a vast array of evidence is committed to the trial court’s discretion. (Or “sound discretion,” as some appellate courts put it, though as far as I can tell it means the same thing.) Consequently, one of the unavoidably nerve-wracking aspects of litigation is that Judge A and Judge B might reach opposite conclusions on the admissibility of the same evidence, yet both rulings could be upheld on appeal because neither ruling was an abuse of discretion. So, without in any way denigrating the importance of our skill and experience in trial adv
I’m sure our readers will remember the multiple lawsuits filed against Ford in 2013, with attendant heavy media coverage, claiming that certain Ford vehicles were prone to unintended acceleration (UIA). The cases were consolidated in the U.S.
This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment. The case is Fernandez v. Alexander (Calif. Ct.
The South Dakota Supreme Court recently upheld summary judgment against the plaintiff in an auto accident case who failed to submit an affidavit from a medical expert on the issue of causation. Cooper v.
In December 2018, two different courts issued opinions in favor of Apple in personal injury/wrongful death suits. The first is Modisette v. Apple Inc. (https://www.courthousenews.com/wp-content/uploads/2018/12/Modisette.pdf), from the Court of Appeal of the State of California; the second is Meador v. Apple Inc. (http://www.ca5.uscourts.gov/opinions/pub/17/17-40968-CV0.pdf), from the U.S.