Motions in Limine: The Complete Guide (3/3)
Part III: How to Draft Effective Responses to Motions in Limine Part I of this series covered advance preparation for a deluge of motions in limine. Part II addressed how to engage in triage when you’ve received a stack of motions in limine. Finally, the main event. It is time to identify and draft responses to each motion in […]
Motions in Limine: The Complete Guide (2/3)
Part II: Effective Triage When You’ve Received a Stack of Motions in Limine Part I of this series covered advance preparation for a deluge of motions in limine. But ultimately, you can only do so much in advance. The real fun cannot start until the motions arrive. How should you engage in effective project management when you’ve received […]
Motions in Limine: The Complete Guide (1/3)
Part I: How Should You Prepare in Advance to Respond to Motions in Limine? How Should You Respond to a Deluge of Motions in Limine? The day of the deadline for pretrial motions can strike panic into the hearts of even the most stoic lawyers. Between motions in limine, Daubert, and dispositive motions, by midnight—particularly in […]
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 fraud case. You can read […]
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. The district court dismissed the […]
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 on whether recommending the procedure […]