Strategies, Challenges, and Answers

Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support

John Lanza was hurt in a motor vehicle accident.  He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct.   One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain.  He wanted to recover for the future care he received.  He […]

Corporations, LLCs And Trusts Need Lawyers To Appear In Court

Wilma Winters died.  Ms. Winters’ Estate claimed via its executrix Ms. Newell that the Estate was the owner of certain real property.   Two companies, via their trustee, A.R. Salman, filed a quiet title action against same real property that was claimed by the Winters Estate.   In its opposition, the Estate argued that the Complaint must […]

Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential

As of December 1, 2023, FRE 702 will change.  The new rule, with redline changes is as follows: A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that: […]

If The Truck Is Big, Is More Insurance Required?

Las Vegas is a popular convention destination.  The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space.  Event planning professionals keep busy, helping their clients set up, present and then take down the displays that fill these convention spaces.   One such event planning […]

The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims

Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers.  Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. LEXIS 8845, 29 Fla. L. Weekly Fed. C 2391, 2023 WL 2920451 (11th Cir. […]