Plaintiff’s rebuttal expert responded to opinions the defense had not disclosed. These constituted a new matter making rebuttal appropriate.
Continue reading ›Mark Kopec Now
Plaintiff’s rebuttal expert responded to opinions the defense had not disclosed. These constituted a new matter making rebuttal appropriate.
Continue reading ›Revision of interlocutory ruling approving dismissal in a medical malpractice case was proper. The parties waived a separate document rule.
Continue reading ›Dismissal of an agent with prejudice that does not involve consideration or litigation of merits does not release the principal.
Continue reading ›In transfer motion, plaintiff’s choice of forum in a medical malpractice case receives less deference if the plaintiff does not live there.
Continue reading ›A medical malpractice claim is for a medical injury if it involves breach of a professional standard of care in providing medical care.
Continue reading ›Plaintiff in medical malpractice case was entitled to confessed judgment for defendants’ failure to make settlement agreement payments.
Continue reading ›In medical malpractice cases, a defendant cannot assert the defense of contributory negligence based on the plaintiff’s pretreatment conduct.
Continue reading ›A medical malpractice plaintiff must identify individual agents and employees of corporate entities in the CQE.
Continue reading ›Under Feres Doctrine, an inactive military member could not bring an FTCA claim for medical malpractice for actions of a military hospital.
Continue reading ›It was error to enter judgment after excluding de bene esse depositions. It was not the close of evidence and there was no written motion.
Continue reading ›