Sometimes new decisions can make or break a case, if the court has time to review the decisions before issuing its own. If not, it pays to know the rules on filing a motion to reconsider. In Sparkman v. Goulds Pumps, Inc., D.S.C. No. 2:12-CV-02957, 2015 WL 727937 (Feb. 19, 2015), the District Court Judge reconsidered his […]
The Fifth District recently published a decision that stands as a warning to potential plaintiffs; don't wait too long to request the medical records. In Kelly v. Aultman Physician Center, that was the underlying basis of the court's decision affirming the granting of judgment in favor of the defendants. Upon the plaintiff's request, the defendants inserted […]
The Ohio Supreme Court is set to hear oral arguments next week on the issue of whether insurance companies are subject to provisions of the Consumer Sales Practices Act ("CSPA") regarding non-manufacturer repair parts. R.C. 1345.81 requires insurers to provide a repair estimate for a motor vehicle that include a specific warning about the planned […]
In McCrossin v. IMO Industries, Inc., W.D. Washington No. 3:14-CV-05382, 2015 WL 575155, (Feb. 11, 2015), the U.S. District Court denied two defendants' motions for summary judgment in an asbestos case, holding that the plaintiff demonstrated genuine issues of material fact. The case is not a monumental decision, rather, the case demonstrates the proper application of a simple […]
In class actions, experts typically provide the necessary evidence of the damages. Those fees can get expensive. As reported in the American Bar Association's Litigation News, a U.S. District Court for the District of New Jersey recently denied recovery for inflated expert fees. In Rothstein v. Harstad, a plaintiff class' counsel contracted with an expert to calculate […]
