A party can immediately appeal an order on a petition to compel arbitration filed in a separate action as a final judgment.
Continue reading ›The plaintiff in a medical malpractice case has the burden of establishing that their expert complies with the 20 Percent Rule.
Continue reading ›For breach of contract, the doctor must have made an additional promise, distinct from an agreement to properly perform the procedure.
Continue reading ›Intervening and superseding negligence arise when extraordinary intervening negligent acts occur that could not have been anticipated.
Continue reading ›A defendant can introduce evidence of nonparty negligence and causation, but the court ruled against settlement agreement admissibility.
Continue reading ›Party must raise judge bias in trial court to enable trial judge to consider the claim and make any corrections.
Continue reading ›Plaintiffs’ experts in birth injury case had sufficient factual basis for their opinions on Betamethasone to defeat a Daubert challenge.
Continue reading ›Plaintiff’s failure to meet scheduling order deadlines and respond to sanctions motion warranted dismissal.
Continue reading ›A Daubert hearing focusing on medical studies should involve testimony by a REI expert, not just counsel arguments.
Continue reading ›The Appellate Court will not certify under the final judgment rule in Rule 2-602(b) if the trial court’s decision was unclear.
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