August 11, 2016
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Stanley Thompson is the Director of the Case Management Conference Center, a post he has held for nine years. He served as Supervising Case Manager before becoming Director. He graciously agreed to update us on what’s new and important in this program.
The Case Management Conference is typically held 90 days after the initial filing. Conference memoranda are filed electronically fiv…
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June 6, 2016
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Recent statistics from the Administrative Office of Pennsylvania Courts suggests that there is no malpractice lawsuit crisis. The AOPC reports that medical malpractice jury verdicts across the state have hit their lowest point since that office began reporting the figures in 2000. Last year 101 medical malpractice cases were tried to a jury verdict in Pennsylvania. This is a drop of more than 20%…
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June 3, 2015
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The Role of Emotion in Injury Litigation
One very important factor in how insurance companies evaluate injury claims involves emotion. If the plaintiff is likely to evoke strong sympathy from the jury, that is a case the insurer will want to settle. It is the lawyer’s job to convince the insurer that this is exactly what is likely to happen. But it’s a delicate dance. Overdo it and t…
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April 20, 2015
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Shanin Specter is an attorney I went to Penn Law with. He is also the son of the late Arlen Specter. Shanin got a $109 million verdict this month in a case against West Penn Power Company, the largest personal injury verdict ever awarded in Allegheny County. It included $61 million in punitive damages. After three weeks of testimony, it took the jury just 90 minutes to return this…
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April 10, 2015
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Legal Malpractice Cases
Legal malpractice is relevant to every type of legal case. If a contract lawyer makes an important mistake in drafting a contract, the client can sue for legal malpractice. If a corporate lawyer negligently fails to file important papers, the corporation may sue for legal malpractice. Similarly, if a personal injury lawyer errs, the client should consider suing t…
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April 8, 2015
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Bad Faith Claims
There are times when you can take advantage of bad faith conduct by the insurance company. If you have presented the insurer with solid proof that your case is worth well in excess of policy limits, and they fail to pay promptly, you can pursue the insurer for bad faith damages. This can transform a $15,000 insurance policy into one for unlimited limits. A true story, ongoing…
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March 30, 2015
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Don’t Drive in New Jersey.
When you cross the bridge into New Jersey you may be giving up certain legal rights that you have paid for. I am referring to the unfettered right to sue for personal injuries. Even if you paid an extra premium to your auto insurer, when you cross into the Garden State, you most likely lose the coverage you paid for.
To illustrate, in Pennsylvania, when you…
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March 25, 2015
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Perhaps a couple of examples will help to illustrate how rapidly economic losses can add up in personal injury litigation.
Example: John suffered a herniated disc in his neck and was laid off from his job due to his disability. He was 35 years old at the time of the accident. Even though he immediately found another position, he claimed losses in excess of $500,000. He arrived at his claim…
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August 12, 2014
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I am working on a “slip and fall” case slated for jury trial in early November. My dear readers, I would like for you to “sit on the jury” for this trial. Please let me know what you think of my case and how I can improve the chances for a successful verdict.
On September 1, 2012, Sandra C. was walking in the buffet line at a suburban Philadelphia Casino and slipped on an oily…
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April 11, 2014
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JURY INSTRUCTIONS AND DELIBERATIONS
The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…
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