Blog Archives

Determining the existence of a duty and the standard of care to be applied in a particular circumstance is a question of law to be determined by the court

Posted in *All Posts, Expert Testimony, Litigation, Negligence, Torts

Evidence of a defendant’s previous misconduct has a unique tendency to prejudice a jury

Posted in *All Posts, *Published case, Criminal, Evidence, Litigation, Other crimes

The Patient Safety Act and self-critical analysis

Posted in *All Posts, Discovery, Litigation, Privilege

A trial judge’s reliance on expert opinions not properly admitted into the record regarding a person’s mental health violates that person’s constitutional rights against governmental procedures that tend to operate arbitrarily

Posted in *All Posts, Business Records, Child Abuse, Evidence, Litigation, Loss of Parental Rights

A treating physician’s testimony may be offered to address a pivotal element of a plaintiff’s claims for disability discrimination

Posted in *All Posts, *Published case, Disability, Discrimination, Employment Law, Evidence, Expert Testimony, Litigation

The testimony of a treating physician is admissible to support a plaintiff’s disability claim

Posted in *All Posts, *Published case, Evidence, Expert Testimony, Litigation

A defendant who testified during a criminal trial could be properly cross-examined about contradictory testimony he gave during a domestic violence trial arising out of the same incident

Posted in *All Posts, Criminal, Evidence, Litigation, Other crimes

Other crimes evidence is considered highly prejudicial

Posted in *All Posts, Character Evidence, Criminal, Evidence, Litigation, Other crimes

The “opening the door doctrine”

Posted in *All Posts, Evidence, Litigation

A trial court’s ruling on the admissibility of evidence is reviewed on appeal for abuse of discretion

Posted in *All Posts, Appeal, Evidence, Litigation

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