Federal Procedure

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Frivolous Daubert motions continue to seek exclusion of routine testimony by treating physicians

Many Daubert motions to exclude opinions of treating physicians are without merit.
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Electronic filing in Georgia’s federal courts

We have observed that a lot of Georgia lawyers are having trouble getting up to speed on electronic filing. See article. Fortunately, I have a good paralegal who keeps me straight on these things.
Here are links to court rules and attorney registration web sites regarding electronic filing:
Northern District (Atlanta, Rome, Gainesville, Newnan) — rule … Continue Reading

A win for the home team in dentist’s disability insurance case

A federal court win for the home team was just published at Giddens v.The Equitable Life Assurance Society of the United States, 356 F.Supp.2d 1313(N.D.Ga.,2004) [Westlaw $$$].
We represented a dentist / real estate developer on a disability insurance claim after he had liver failure requiring a liver transplant at the Mayo Clinic. The insurance company … Continue Reading

Immigration status not discoverable in 9th Circuit

Abuse of injured immigrants is an old story. I once knew an insurance claims manager who was very proud of his tactics in dealing with Hispanic immigrants who had injury claims. First, he told them, “No English, no dinero.” Second, he would schedule meetings with claimants and get someone from INS to show … Continue Reading

Daubert – Scientific Misconceptions Among Gatekeepers

Critics of Daubert see science as a contentious process, rather than a a set of universal facts deduced by logic, and argue that courts are now demanding more of individual scientists and engineers than is expected of them in their own research and practice. A synthesis of the two views of science can be achieved … Continue Reading

Daubert – Kuhn’s Structure of Scientific Revolutions

As Georgia lawyers and judges wander into the quagmire of the Daubert Trilogy, we must look behind the curtain of the Wizard of Oz and begin to learn something of the epistomology of science. Insofar as the Daubert decision is based largely upon the Justice Brennan’s summary of the Karl Popper’s premise of theory-testing … Continue Reading

Reference Manual on Scientific Evidence

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Electronic filing becomes mandatory in Northern District of Georgia

The United States District Court for the Northern District of Georgia is moving to mandatory electronic filing. Lawyers practicing in that court had to apply for logins and passwords by 1/1/05, and electronic filing will be require as of 7/15/05. Lawyers practicing in federal court — and their key support personnel — must become … Continue Reading