Articles

Dangerous road surfaces and notice against governmental entities A beautiful morning. Jane Client was biking to work with a couple friends. As she approached an intersection, her front tire dropped into a crack – wide enough to swallow her tire but narrow enough to be difficult to see. Her front wheel stopped. The rider – and the rest of her...

Lessons learned from the bad-faith front lines The case was teed up for a post-verdict insurance bad-faith action. A formal offer to compromise under C.C.P. § 998 for policy limits, made after discovery responses were served and medical records produced. Economic losses alone over the policy limits. A good hook on liability. Multiple extensions requested – and given – on...

Track down all the incident reports and data to gain a better understanding of what happened The lawyer investigating the incident tried to piece it together. One bicyclist. One driver. A police report lacking detail (and witnesses). A classic “he said, he said.” As the lawyer sat there, the mail arrived. In it, an envelope with a disk and a...

The right mediator makes the process go so much smoother The lawyer looked over the opposing counsel’s list of proposed mediators. A couple retired judges, plaintiffs’ lawyers, and one defense lawyer. He thought about the case and pondered the list. All were good but who was best for this case? Selection criteria Most cases settle, and most settle in mediation....

Shifting the driver-centric focus in disputed-liability bike and pedestrian cases The lawyer felt ill reading the letter. Not surprised, but saddened. Both with the case specifically and humanity in general. The case involved a driver who struck the lawyer’s client from behind. She in her car. He on his bicycle. At 65 miles per hour, in broad daylight. The cyclist...

Opposing summary judgment helps ready a case for trial It arrived in one of those big space-age tear-proof fabric envelopes. Thick enough to require two-hole prongs at the top instead of staples. And a title that made the lawyer sigh deeply and think, “Well, there goes a month of my life.” Yay. The motion for summary judgment. Expect us One...

Using jury instructions for more than just instructing juries The firm principal threw open the door from his office and stomped down the hall. “Who wrote this?” He clenched a draft mediation brief in his hands. A new associate started to duck into a doorway. The principal, sensing movement, called out. “You, get me CACI!” “Casey?” the associate asked. “CACI,...

Crafting language for maximum effect The lawyer did a final review of the Mandatory Settlement Conference Statement. The statement’s introduction captured the facts perfectly, the lawyer thought, reading it to himself. “On 4/10/2014 at approximately 10:00 a.m., John Doe was legally in a marked crosswalk, crossing with a green light, from the northeast corner to the southeast corner of Main...

How rational case decisions can lead to irrational outcomes The lawyer analyzed the case when it first came in. Clear liability. Objective injuries. Decent insurance coverage. It should resolve after ordering the medical records, doing a strong demand package, and doing some lien resolution work, right? Or so the lawyer thought. Now, many depositions in and a week before expert...

Get the lay of the land well before trial call The lawyer, running on the late side for trial call, ran from the garage. He looked across the street and saw a line. This was no ordinary security line. It stretched from the front door, down the block, past the government offices, and disappeared around the corner. After a 40-minute...