News & Analysis as of

Car Accident Discovery

Searcy Denney Scarola Barnhart & Shipley

Request for Production: What it Means for Your Personal Injury Case

Many people are aware that if they are injured due to someone’s negligence in a car accident, slip and fall incident, medical malpractice, or other situations, an experienced personal injury attorney can file a legal claim to...more

Maison Law

Social Media as Evidence in a Car Accident Claim

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Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases. Social Media Posts Can be of Pivotal Importance - Courts across the country have toiled...more

Marshall Dennehey

Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted

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Prime Insurance Company v. Cordova, 2024 WL 513706, No. 22, 2024 (Del. Feb. 9, 2024) - This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to...more

Marshall Dennehey

Contrary Decisions Highlight Complexity of TCA Claims

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The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and...more

Marshall Dennehey

Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law

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Jenkins v. Samuels, No. 3:21-CV-229, 2022 WL 20475979 (S.D. Ohio Nov. 17, 2022) - While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain,...more

Marshall Dennehey

New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a...

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Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) - The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Payne & Fears

Withholding Claims Notes Results in Severe Sanctions

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In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...more

Reveal

How 3 Cases Involving Self-Driving Cars Highlight eDiscovery and the IoT

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Litigation is nothing new for the auto industry. But recent lawsuits surrounding accidents involving self-driving vehicles show that Electronically Stored Information (ESI) is a key component in these cases, because modern...more

Carlton Fields

Colorado Federal Court Rejects Attorney-Client Privilege for Communications Between Insurer’s Claims Adjuster and In-House Counsel

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In Olsen v. Owners Insurance Co., No. 1:18-cv-01665, 2019 WL 2502201 (D. Colo. June 17, 2019), the U.S. District Court for the District of Colorado found that neither the attorney-client privilege nor the work-product...more

Sands Anderson PC

Court Denies Plaintiff's Gameshow Approach to Litigation and Twice Denies Her Motion to Increase Her Demand

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The First Case - The plaintiff filed a Complaint asking for an award of $250,000. She alleged she was entitled to this amount as compensation for injuries the defendant’s armored van caused her during a 2013 automobile...more

Sands Anderson PC

Court Excludes Plaintiff's Expert's Opinion On Future Damages

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The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more

Michigan Auto Law

Protecting a Facebook personal page from insurer intrusion

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Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more

Proskauer - Minding Your Business

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Troutman Pepper

Federal Courts Lack Inherent Authority to Punish Discovery Misconduct

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Federal courts have broad authority to manage discovery, but when it comes to punishing litigants for discovery violations, their inherent authority is limited by rule and now Supreme Court precedent. Recently, the U.S....more

Butler Weihmuller Katz Craig LLP

Supreme Court says lawyer's referral of client to a doctor for treatment is attorney-client privileged communication, and out of...

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred her to a doctor for treatment. In Worley v....more

Haight Brown & Bonesteel LLP

General Liability Alert: Discovery Responses Denying Requests for Admission are Generally Inadmissible at Trial

In Gonsalves v. Li, Case No. A140284, the First Appellate District of the California Court of Appeal held that denials of Requests for Admission are not admissible in cases where a party's litigation conduct is not directly...more

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