Despite the presumption of open courts with public access that stems from the First Amendment and the common law, far too much civil litigation is taking place in secret. Unnecessary court secrecy is
How many times have you had to brief a motion for protective order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wa
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Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information
Factors such as an insurance company's desire to reduce the amount of its future settlements must not influence the insurer's decision; nor should there be over reliance on a computer program designe
...Avoid Nursing Home Arbitration Agreements By BRENDAN FAULKNER and MICHAEL A. D'AMICO The difficult decision to place...
The difficult decision to place a loved one in a nursing home is frequently made under stressful circumstances and is always fraught with emotion
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The deposition of a corporate defendant is often a turning point in a product liability lawsuit
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