Typically, medical malpractice cases are one-offs. A plaintiff may sue her doctor and/or hospital for failing to diagnose a condition or treating it in a suboptimal way. They tend to be highly fact-dependent even if the general subject, like post-operative infection, comes up fairly often within the world of med mal cases. In individual cases,
We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice. However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand: Tolling agreements should not
A complaint is a plaintiff’s opening argument. It has to contain enough substance to get plaintiff out of the gate. Plaintiff doesn’t have to necessarily prove anything in his complaint, but he has to have factual support to back up what he hopes to prove. Logically, any fact added to a complaint is intended to
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently. When you lower the microscope on the details and struggle to find a reliable uniformity, it just isn’t there. It begins to seem as if the only real conclusion to be reached
Anytime we start to write a post about a decision from New York, our heads start swimming in music lyrics. Rose trees never grow in New York City… Concrete jungle where dreams are made of… Living just enough for the city… Soon you will be on Sugar Hill in Harlem… I don’t care if it’s
We did a search of the DDL Blog for “continuing violation” and found only one other reference and that was simply to note that the court rejected the theory without explanation. So, it’s not the first time a plaintiff has tried to argue the continuing violation theory to avoid the statute of limitations in a
Geographical pride. A feeling of community. Belonging. Being one of the locals. We all experience it to some degree. Sometimes you take it with you. Like wearing your favorite Roll Tide t-shirt while listening to jazz in New Orleans. While Pennsylvanians may not take kindly to out-of-state sports jerseys, they welcome Maine lobster and Delaware
Today’s guest post was is a group effort of Betsy Chance, Diana Comes, and Mac Plosser, all at the Butler Snow firm. A little while ago they circulated (we don’t remember exactly how) an earlier version of a 50-state survey they had put together on state tolling statutes that preserve lawsuits that
We have always had a soft spot for zebras. They are the equine world’s version of some of our favorite acquaintances — the ones who always dress a little outlandishly and always stand out from the crowd. (Fun facts: 1. Although most zebras have black stripes on a white background, a white-on-black specimen shows up
This weekend, we are traveling to Nashville, where, decades ago, we lived for a couple of years during a period of wanderlust. Nashville was to be a brief stop-off on a cross-country driving odyssey. But we never got any farther down the road, leaving Nashville only to reverse course and return to college (to our