Did Plaintiffs Impliedly Waive Physician-Patient Privilege Such That Ex Parte Interviews May Be Permitted in a Medical Malpractice Action?
The Supreme Court of Colorado undertook this complicated question in In Re Bailey v. Hermancinski, No. 17SA20, (2018 CO 14). In this original proceeding, the…
In a Medical Negligence Case, Should the Initial Provider Be Allowed to Present Evidence That a Later Provider’s Negligence Caused the Injury?
In Danko v. Conyers, No. 16CA1383, (2018 COA 14), the Colorado Court of Appeals took on this complicated question. David J. Conyers, M.D., (“Conyers”) performed…
The United States Court of Appeals for the Tenth Circuit was faced with that question in Williams v. Corrections Corp., No. 17-7022 (10th Cir. 2017).…
What the damages were and why the Cohans suffered them were questions of fact for a jury to determine.
What Happens When One Party Does Not Want to Use its Own Expert Witness, and the Opposing Side Wants To?
The Court of Appeals says that the trial court did not abuse its discretion in denying the use of the defense’s expert witnesses by the plaintiff.
Who Bears the Burden of Proving an Underlying Judgment Would be Collectible in a Legal Malpractice Case?
The appeals court ruled in favor of the plaintiff, holding that the burden was actually on the attorney-defendant, not the plaintiff, to prove the judgment would have been uncollectible as an affirmative defense.
Assad's complaint is a nullity and allowing him to represent the estate in this matter constituted plain error.
The law says that after the claimant settles with a joint tortfeasor, the claims against others “shall be reduced by the amount of the released person’s share of the obligation as determined by the trier of fact.”
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