Invasions of Privacy
Newspapers around the country recently reported on the Erin Andrews trial in Nashville, Tennessee. Ms. Andrews, a famous sportscaster, had filed a lawsuit against a Nashville hotel and a stalker after she was secretly videotaped several times in 2008, and nude images of her had been distributed on the internet. Ms. Andrews’s stalker allegedly called […]
Falls and Pressure Ulcers: “Never Events” In Hospitals and Long-Term Care Facilities
They call them “Never Events” – events that can be prevented or avoided, such as a pressure ulcer (PU) or a fall. Simply, the hospital or Long Term Care (LTC) facility, by and through its staff, must have a game plan (known as a “Plan of care”) to prevent such occurrences. No two patients are […]
A Failed Legal Career: Who Is To Blame?
The New York Times recently reported on the pending San Diego trial of a law school graduate suing her alma mater for allegedly inflating its employment data to lure students to enroll; the first case of its kind to go to trial. Plaintiff, Anna Alaburda, graduated from Thomas Jefferson School of Law in 2008 and […]
The Continuing Trend Against the “Ascertainability” Requirement in Class Actions
Last week, the United States Supreme Court denied certification in Mullins v. Direct Digital, LLC, a Seventh Circuit case in which the Court refused to apply the Third Circuit’s ascertainability requirement onto Rule 23’s requirements for class certification, joining the growing number of jurisdictions to reject the doctrine. In Mullins, the Court addressed the requirement […]
Making a Murderer and “Facts”
Two months ago, I watched the entire season of “Making a Murderer” over the course of two days. I watched because the story is fascinating and because I have an affinity for the accent and approach to adversity found in the areas I have traveled from Milwaukee to Green Bay. I’ve spent a good amount […]
Environmental Contamination Class Actions: Communities Fight Back
Finding out your neighborhood or your home has been polluted from nearby industry can be a terrifying experience. Our homes are where we feel most safe, are where we raise our families, and are usually the biggest financial investment we will ever make. Such an invasion can result in tremendous emotional and physical harm. We have […]
You Can’t Always Believe What You Read
An astonishing article appeared in the March 2, 2016 edition of The New York Times. In what they called a “startling accusation,” lawyers in litigation against drug manufacturers Johnson & Johnson and Bayer concerning the prescription anti-clotting drug Xarelto, claim that important data was omitted by researchers from Duke University in a letter to the […]
Corporate Polluters Continue to Evade Justice
There is no question that business and commerce can and do wreak havoc with our environment and our planet. Worse yet is that the rampant corporate polluters responsible remain mostly unpunished, and because of a web of lax laws and powerful lobbying efforts, coupled with targeted political contributions, these companies continue to recklessly foul our […]
Why I Love My Job and Do The Work That I Do
After law school, I clerked for a Judge in the Appellate Division in New Jersey, which was an amazing experience that allowed me to work on civil, criminal and administrative agency appeals. I then worked for a defense firm for about two years, but always questioned the work I was doing because I never felt like I was […]
At the Movies: Trial Law
As the Oscar’s approach, Senior Partner Marc Weingarten discusses America’s long fascination with courtroom drama, trials and lawyers as viewed through the Hollywood lens. Whether it’s Miracle on 34th Street, My Cousin Vinny or A Time to Kill, they have all shown facets of the legal profession that are both entertaining and instructional. Read the […]
Why We Need the “Ancient Documents” Rule
Last week I had the honor of testifying before the Judicial Conference Advisory Committee on Evidence Rules – a committee created by the US Supreme Court’s Judicial Conference. I was one of 10 lawyers allowed to present oral testimony to the committee regarding a proposed amendment or abrogation of FRE 803(16), the ancient documents rule. […]
Affordable Care Act and Future Medical Expenses
I recently participated in a Continuing Legal Education program organized by the New York State Trial Lawyers Institute entitled “Affordable Care Act and Future Medicals”. From its adoption, the Patient Protection and Affordable Care Act (“ACA”), also known as Obamacare, has been and continues to be politically controversial, particularly so in the run up to […]