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Calling Out Meaningless Expert Disclosures in Medical Malpractice Cases
The defendant doctor’s style of disclosure is almost always generic in nature and could be used in virtually any case of medical malpractice (i.e. all care provided by Dr. “X” was within the appropriate standard of care and was not a factor in the outcome). No meaningful expert disclosures are made revealing the grounds and →
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Why Sorry is the Badest Word…
An expression of regret or an apology by a Defendant is nothing new when a case doesn’t settle and finally makes it to trial. However, should this be allowed? Why no! Defendants should be prohibited from expressing any apologies or statements of regret to the jury in connection with a civil case not seeking punitive →
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Limiting the Damage
So you lose an evidentiary argument and the court allows some potentially prejudicial evidence to be presented for some narrow purpose such as bias, impeachment or to show intent, similar plan, motive or scheme. So what should you do? Indiana follows “the rule of multiple admissibility” endorsed by the evidence treatises of both Whitmore →
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What to Do When They Call Your Client a Liar, a Fraud and a Cheat.
The defense has enlisted the aid of a hired gun “expert” who insinuates or is going to testify that your client is a malingerer or a fraud. What can you do to address such tactics? Can you exclude the testimony? Should you address it head on or skirt the issue? Hopefully, this blog will offer →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 5)
Here are a few additional topics to cover in your motion in limine to keep red herrings from finding their way into your case: EXPRESSION OF REGRET OR APOLOGY BY DEFENDANTS Defendants should be prohibited from expressing any apologies or statements of regret to the jury in connection with the above-referenced matter, as whether one →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 3)
A “red herring” is normally used by people to divert the attention of others from something important; from the central point that is being considered. A “herring” is a kind of fish that turns red only when it is “cured” – that is, when it is smoked and salted. Such a fish emits a very strong smell and in the →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 1)
I plan on writing a series of posts dealing with motions in limine and the topics you may wish to cover. A Motion in Limine is a motion made for a protective order against prejudicial questions and statements, which if heard by the finder of fact, would prevent a fair and impartial trial. The focal →
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The Barrister's Toolbox 