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Pretrial Litigation & Strategy

Beware of Shotgun Pleadings

“Courts in the Eleventh Circuit have little tolerance for shotgun pleadings.” Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295 (11th Cir. 2018). A cautionary tale comes from a recent decision by J.P. Boulee on the Northern District of Georgia, who dismissed with prejudice a complaint in a complex securities

Kastorf Law helped secure a reversal on appeal in a case involving a forklift injury on a jobsite.
Appeals

Does Premises Liability Law Apply to a Vehicle Accident on a Job Site?

Kurt Kastorf is happy to report a nice victory in the United States Court of Appeals for the Eleventh Circuit for Jeff Helms and his client, Michael Newcomb. Mr. Newcomb was picking up a delivery of corn at Spring Creek’s facility when one of its employers severely injured him with a forklift.

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Embedded Trial Counsel

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary A useful practice pointer from Scott Campbell this morning at the Fried Rogers Goldberg Workshop: When the defense has a credible medical expert offer an opinion in a deposition that a procedure was unnecessary, one strategy is to push that expert

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Embedded Trial Counsel

Do a Small Number of Physicians Account for Most Medical Malpractice Claims?

A study in the New England Journal of Medicine supports what most trial attorneys know intuitively. A substantial portion of malpractice claims are concentrated among a small number of physicians. This result is consistent with the fact that very few malpractice claims result in settlement, and even fewer go to trial. The

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Appeals

How Specific Must Evidence of Deliberate Indifference to Medical Need Be?

APRIL 3, 2019 Today the Eleventh Circuit published a useful opinion for civil rights attorneys. See Taylor v. Hughes, 11th Cir. Case No. 17-14772, available here. The case involved an individual who was found drunk in his vehicle. He insisted he had been in an accident. Some evidence reflected that he had