Personal Injury Law: Courts Should Curb Discovery Abuse


by BRENDAN FAULKNER and MICHAEL A. D’AMICO


Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information. Yet despite all of this, discovery abuse in civil litigation remains common.

Personal Injury Law: Re-Examining The Limits Of Landowners’ Liability

by PAUL IANNACCONE and CHRISTOPHER HOULIHAN


According to The Law of Torts (Dan B. Dobbs), the common law rules regarding an entrant’s status on the land grew out of an effort to displace the role of the jury. That theory is backed by the circumstances out of which these rules came to be.


Personal Injury Law: Evidence Of Remedial Measures Often Excluded

by GREGORY ALLEN


Experienced personal injury litigators are very familiar with the doctrine of subsequent remedial measures. Repairs made subsequent to the claimed injury are often raised in settlement negotiations to highlight the acknowledgement of the claimed defect by the defendant.