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Over the last number of years, the senior care industry has become a tangled web of entities, all trying to turn a profit. The result is that a variety of [...]

In recent years, more and more lawyers have sought and successfully obtained audit trail evidence in medical negligence cases. This evidence shows who accessed or tried to access a patient's [...]

In big-data cases, predictive coding can help both plaintiffs and defendants conduct electronic discovery quickly and cost-effectively. With early collaboration between parties and post-review testing, you can be confident you're [...]

[ILLUSTRATION OMITTED] Identifying the proper defendant in a products liability case is imperative. Early research can put your client's case on the right track. In a global marketplace, many products [...]

Manufacturers often use a regulatory 'back door' to market new medical devices without clinical testing. When your client is injured by an unsafe device, its approval trail can provide a [...], AAJ SECTION Products Liability www.justice.org/sections AAJ LITIGATION GROUP Preemption Law www.justice.org/litgroups LITIGATION PACKET A Guide Through Preemption www.justice.org/litigationpackets AAJ EDUCATION PROGRAM Medtronic Program--2013 Annual Convention www.PlaybackAAJ.com

When the Supreme Court bolstered defendants' federal preemption arguments in medical device cases, defendants heralded it as the end of medical device litigation. But recent cases give plaintiff lawyers room [...]

Woody Allen observed that 80 percent of life is showing up, (1) but driving a car requires much more than mere presence-it demands attention and focus. As technology allows drivers [...]

For more than half a century, Rule 8 of the Federal Rules of Civil Procedure has required "a short and plain statement of the claim showing that the pleader is [...]

Lawyers on opposing sides of a case are, by definition, adversaries. But too much adversarialism can cause them to lose touch with the goals of the litigation and clients' long-term [...]

You evaluated and took in a significant trucking personal injury case. You completed a thorough investigation and are on top of recent developments in trucking case law. You and your [...]

Futurist Arthur C. Clarke said, "Any sufficiently advanced technology is indistinguishable from magic." E-mail is one of those magical technologies most of us use every day without really understanding how [...]

Computers have become so commonplace in the modern world that many trials involve the discovery of computer-stored information. In general, discovery rules applying to paper documents also apply to computer-generated or stored data, Rules 33 and 34 of the Federal Rules of Civil Procedure allow the discovery of information, even information stored in a computer, and the disclosure provisions of Rule 26(a) apply to computer-generated reports. Any discovery plan should deal with the search, location and retrieval of such information.

Early one Saturday morning two associates met in our firm's conference room to prepare for a deposition the following Monday morning. The case was a contract dispute over the ownership [...]

Hospitals fight tooth and nail to avoid producing adverse incident reports. Learn how to craft a motion that will survive their opposition Almost all hospitals in the United States have [...]

Discovery, whether in mass torts or any than type of complex Litigation, is often complicated and grueling. Here are simple ways to help you get what you need. [1] LEARN [...]

Choosing the keywords to search electronically stored information (ESI) is, at least for now, a necessary step in the electronic discovery process. (1) Traditional review of hard copies is neither [...]

Before you file a lawsuit--and throughout litigation--you need to gather as much information as you can without the defendant's involvement. To help you do this, the ATLA Exchange created the [...]

THE NATIONAL HIGHWAY Traffic Safety Administration (NHTSA) proposed rules last December that would mandate the installation of event data recorders (EDRs) in all light vehicles manufactured on or after Sept. [...]

You need to gather information without the involvement of the defendant--before filing an action and, later, during the litigation--to develop a thorough understanding of the subject matter and facilitate trial [...]