LexisNexis® Legal Newsroom
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...

Chemical Discharge Exclusion Triggered by Insured’s 20-year Old Deposition Testimony

In Holloway Cleaners & Laundry Co. v. Central Nat’l Ins. Co. of Omaha, Inc. , the court granted a CGL carrier’s motion for summary judgment and held that it did not have a duty to defend its insured in an underlying action alleging that the insured’s conduct led to soil and groundwater...

About Time! New ALJ Regulations Finally Final

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the final rules were published...

Missouri: Post-Deposition Surveillance Video Could Not Be Introduced Into Evidence

When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that answer when it subsequently hired a private investigator...

Experts Weigh In On Judge Weil Deposition Controversy (Updated Mar. 8, 2016)

In the wake of Jerry Markon's March 5, 2016 Washington Post story ( Can a 3-year old represent herself in immigration court? This judge thinks so ), experts have responded. Here are some excerpts: Former Immigration Judge Eliza Klein writes : "No rational person actually believes a three...

A Toddler Represents Herself in Immigration Court...With Predictable Results

A DOJ Assistant Chief Immigration Judge thinks very young children can be trained to represent themselves in Immigration Court. Austin, Texas immigration attorney Kate Lincoln-Goldfinch tested this theory on her own daughter, Nora. Here are the results . See also: Experts Weigh In On Judge Weil...

Can Three-Year-Olds Represent Themselves in Immigration Court?

Amber L. Weeks, Mar. 2016 - "In an official deposition as a Department of Justice witness, a senior immigration judge ludicrously claimed, “I’ve taught immigration law literally to three year olds and four year olds. It takes a lot of time. It takes a lot of patience. They get it. It’s...