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The Researching Paralegal

Tag Archives: Litigation and Trial Blog

A Different Perspective On Mass Torts.

02 Monday Nov 2015

Posted by Celia C. Elwell, RP in Class Actions, Litigation, Torts

≈ Comments Off on A Different Perspective On Mass Torts.

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Class Action, Litigation and Trial Blog, Mass Torts, Max Kennerly, Quantum Meruit, Tort Reform, Transvaginal Mesh Lawsuits

The Lucrative Mass Torts Scam That Wasn’t, by Max Kennerly, Esq., Litigation and Trial, The Law Blog of Plaintiff’s Lawyer Max Kennerly

http://tinyurl.com/pn9oy5z

The lawsuit brought by financier Amir Shenaq against mass-torts law firm AkinMears has made the rounds of the tort reform blogs (e.g., SETexas Record, Daniel Fisher at Forbes, and Paul Barrett at Bloomberg), so I figured some plaintiff-side commentary was in order. The details of the lawsuit confirm what I’ve been saying for years: ‘Mass torts is not an area in which you want to dabble and start throwing around discounts. It’s work, it’s risky, and it can be very, very expensive.’

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When Discovery Becomes Less About The Merits of the Case And More About Obstruction.

24 Saturday May 2014

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Depositions, Discovery, Evidence, Federal Rules of Discovery, Federal Rules of Evidence, Interrogatories, Relevance, Requests for Admissions, Requests for Production, Sanctions, Subpoena Duces Tecum, Trial Tips and Techniques

≈ Comments Off on When Discovery Becomes Less About The Merits of the Case And More About Obstruction.

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Boilerplate Objections, Discovery, Litigation and Trial Blog, Matthew Jarvey, Max Kennerly, Meet and Confer, Motion to Compel, Requests for Admission

Boilerplate Objections And “Good Faith” Requirements Are Ruining Civil Discovery, by Max Kennerly, Esq., Litigation and Trial Blog

http://tinyurl.com/m7wk9mz

Please make sure to catch the reference and link to: Matthew Jarvey, “Boilerplate Discovery Objections,” 61 Drake L. Rev. 913 (2013).  -CCE

‘If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes.’ Dahl v. City of Huntington Beach, 84 F.3d 363, 364 (9th Cir. 1996) (quoting Krueger v. Pelican Prod. Corp., No. CIV-87-2385-A (W.D. Okla. Feb. 24, 1989). . . .

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Keeping Medical Records Costs Down.

16 Wednesday Apr 2014

Posted by Celia C. Elwell, RP in HITECH Act, Litigation, Medical Records, Motor Vehicle, Negligence, Personal Injury, Product Liability, Torts, Wrongful Death

≈ Comments Off on Keeping Medical Records Costs Down.

Tags

Doctors, Health Care Provider, Hospitals, Litigation and Trial Blog, Max Kennerly, Medical Records, Patient's Rights

Defeating The Medical Records Paper Copy Scam, by Max Kennerly, Esq., Litigation and Trial Blog (with hat tip to Evan Schaeffer, The Trial Practice Tips Blog!)

http://tinyurl.com/mmpm4sy

Mr. Kennerly explains why obtaining medical records need not be expensive, and provides a sample letter with citation to legal authority. -CCE

Hardly a day goes by without a letter from my office either requesting medical records or paying for them. Some days, I sign more than a dozen. It’s perhaps the most common thread among all my cases: the vast majority of my clients have been physically injured in one way or another, and at a bare minimum, I need the records from their doctors and hospitals to show the diagnoses they have and the treatment they have received.

Every patient has a right to receive their medical records, and by law should be able to obtain those records promptly at no markup, with no padded fees, and no unnecessary charges from the hospital or the records company. But if there’s money to be made, someone will try to make it, and over the past decade a whole cottage industry has developed around the “business” of trying to cheat patients trying to get their medical records. Sometimes health care providers outsource this ‘business’ to third-party companies, and sometimes the hospitals and health systems play the con game themselves. . . .

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