LexisNexis® Legal Newsroom
Mike Leach Set To Be Deposed Friday In Lubbock

LUBBOCK, Texas – (AP) Mike Leach is expected to return to Lubbock later this week to answer questions under oath from attorneys for Texas Tech handling the former football coach's lawsuit against the school. Leach, who currently lives with his family in Key West, Fla., is set for oral...

Leach Faces James In Texas Tech Lawsuit Deposition

LUBBOCK, Texas – (AP) Mike Leach sat across from his accuser Saturday as Craig James gave sworn testimony in the former coach's lawsuit against Texas Tech. James, whose complaint of mistreatment of his son led to Leach's firing, declined to comment as he walked into the university's...

Transocean Seeks Delay Of Oil Spill Depositions

HOUSTON - (AP) The company that owns the sunken Deepwater Horizon rig argued in federal court Tuesday that plaintiffs should not begin collecting evidence and testimony on the Gulf oil spill until the November deadline for claimants to file suit. Transocean Ltd. made its arguments in Houston after...

California: Employer Representative at Applicant's Deposition

The WCAB issued an opinion, Padilla v. LAMTA , (6/28/10, ADJ6981165) which dealt with the issue of having an employer representative at the deposition (especially during the portions in which prior medical history was being discussed). If you would like a copy of the opinion, please let me know. ...

Attorney: Edwards Is Deposed In Sex Tape Lawsuit

RALEIGH , N.C. — (AP) Two-time presidential candidate John Edwards has testified under oath in a lawsuit over a videotape that purportedly depicts him in a sexual encounter, an attorney for a former Edwards aide said. Robert Elliot said Edwards was deposed last week as part of a dispute between...

California EAMS: What Are SPDs?

When the WCAB issued “significant panel decision (SPD),” Hernandez v. AMS Staff Leasing, (2011) 76 CCC – on April 11, 2011, many practitioners wondered, “What in the world is a ‘significant panel decision (SPD)’?” History of the “significant...

Deposition Prep

Over the next few posts, we will discuss some tips for helping you take good depositions. We will reserve special tips for deposing doctors and expert witnesses for separate posts, but rather focus now on tips for deposing fact witnesses, including the opposing party. 1) The first thing you should...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated...

Vermont Workers' Compensation Update: July to September 2011

DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified that his work injury aggravated a preexisting...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

California: The PQME Process Runs Amok - A Tragic-Comedy

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators are paying for medical reports and deposition...

Video: Pozner and Dodd on Preparation for Deposition in a Business Case

Proper preparation with your client prior to a deposition can prevent mistakes that can cost you the trial or hurt your settlement. This video by Roger J. Dodd and Larry Pozner helps attorneys prepare a client for the often-stressful experience of deposition and includes pointers on avoiding common witness...

Applicant Asserts Marital Privilege to Bar Testimony on Drug Use: Cal. Comp. Cases February Advanced Postings (2/24/2012)

Here’s the fourth batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Zenith Insurance Company, insurer for Cast Aluminum...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Vocational Rehabilitation Experts

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties continually struggle with how to best present...

California: Discovery of Witness Statements

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction...

California: Discovery of Witness Statements

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction...

California: The Element of Surprise as an Ex Parte Communication

Attorneys cannot surprise the other side and show “information” (films or vocational reports) to the AME at cross-examination as it is an ex-parte communication in violation of Labor Code section 4062.3 because the parties must agree on what “information” is to be provided to...

Federal Judge Excludes ICE Agents from Deposition Room for Testimony Regarding Immigration Information in Civil Rights Case

Andrew Free writes - "See ... today's decision from Judge John S. Bryant, a Magistrate Judge in the Middle District of Tennessee. The Court previously granted Plaintiffs' motion for a protective order regarding their immigration status and that of third-party witnesses. ICE defendants'...

California: Trial Practice and Procedure Post SB 863

At the California Workers’ Compensation Defense Attorneys’ Association 2013 Winter Conference, a panel led by the Honorable Anne Horelly, defense attorney Sharon Renzi and applicant’s attorney John Reff presented practical and procedural insights for litigating a case in the post SB...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...

California: CIGA Allowed to Force a Deposition of Pro Per Injured Worker 18 Years After Industrial Injury

In Hunter v. Oroville Elementary School , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a deeply divided WCAB panel denied an applicant’s petition for removal and upheld the WCJ’s order compelling a pro per applicant to attend a deposition noticed by the California Insurance Guarantee Association ...

Holiday Roundup…… And a Fall From a Keg in Delaware

The above depicts what has evolved into the annual Workers’ Compensation Holiday Beer Swap. Not sure if Dr. John Townsend was in attendance last night, but I have it on good authority that when he participates, there is at least one case of wicked good and wildly expensive beer involved. Way to...

Florida: Judge’s Exclusion of Health Care Nurse’s Deposition Was Erroneous

A decision by a judge of compensation claims to exclude the deposition of a home health care nurse, based on the fact that the claimant’s attorney “was not aware” that the employer planned to offer it into evidence was improper, even considering the broad latitude given the JCC in such...

Connecticut: Employer Need Not Pay for Palliative Medical Care

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not reasonable and necessary medical treatment after the...