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…

Taking on a mass tort matter can be a high-risk, high reward legal feat. 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…

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…

Independent medical examinations (IMEs) are a critical part of any personal injury litigation. As the term suggests, an IME is an exam of the injured party conducted by an independent, third-party medical professional. Its goal is to render an unbiased…

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 This complex case stems from a dismissed initial lawsuit due to a withdrawn medical expert witness.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…

On March 9, 2021, a U.S. District Court judge in the Southern District of California granted the drug company defendants’ motion for summary judgment in a consolidated multidistrict litigation (MDL). The case involved plaintiff claims that the drug companies failed…

Expert witnesses have become increasingly valuable when litigating a legal case. But fees can be burdensome. This is particularly true for small or midsize firms and especially during lengthy or complex litigation. Instead of forgoing a necessary component of your…