In Hamlet, his mother the queen is quoted as saying, “The lady doth protest too much, me thinks.” In Shakespeare’s time the word “protest” was meant as the lady vows or declares solemnly, too much. So do the devotees of predictive coding, protest too much. A recent article in favor […]
Fast and loose; quick and dirty; speedy and greedy are three ways to describe businessmen and women who enter into contracts without reading the fine print. As soon as an executive signs his or her name to an endlessly long legal document, the deal is sealed. The better words to […]
Dear Friend – Did you know that Wall Street has found a way to cheat, steal, and defraud Americans without ever being held accountable for their actions? It’s called forced arbitration. Buried in the fine print of many bank and credit terms of service are dangerous […]
The law firm of Searcy Denney Scarola Barnhart & Shipley, Trial Guides LLC, and the American Association for Justice (AAJ) are proud to announce the release of a new book on personal injury litigation. The fourth edition of Anatomy of a Personal Injury Lawsuit, a two-volume set, is a comprehensive […]
One of our own, Brenda S. Fulmer has contributed a substantial chapter titled “Mass Torts: The Bird’s-Eye View” to the recently released book “Anatomy of a Personal Injury Lawsuit, 4th Edition” which is a comprehensive and up-to-date resource for practicing plaintiffs’ attorneys and their staffs. The book is full of […]
If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall. In Cooperation and Litigation: Thoughts on the American Experience (2013), Richard Marcus writes: “I […]
We live in a baby-boomer nation. Now, those post-World War II folks are turning 70-something and soon will need nursing homes. The nursing-home industry not only recognizes the changing of the tides taking place but also is capitalizing on it. It knows big business lies ahead. The American Association for […]
Margaret Jane Radin, author of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, is of the point of view that the American court system is “allowing contract to gobble up tort.” In other words, the 37-year law professor believes forced arbitration is evil. Forced arbitration lurks in […]
A cadre of corporations whose profit margins outweigh product safety have found a loophole in the litigation process: sealed settlement agreements. Such agreements are legal, as there is no law prohibiting them, and often left up to the discretion of the courts. Consumer advocates have a problem with that. The […]
Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic discovery. Sadly, the changes did not treat ESI […]
