LexisNexis® Legal Newsroom
Attorneys For Texas Tech To Question Mike Leach In Coach’s Lawsuit Against School

Mike Leach has been scheduled to answer questions under oath (a deposition) on Friday, March 12, according to Court documents, in the football coach’s lawsuit against Texas Tech. Leach, who currently lives with his family in Key West, Florida, is to give a video deposition beginning Friday...

CA: WCAB Rejects Limitation of Deposition Questions When Applicant Claimed Psychiatric Injury

Quintella Eutsey v. City & County of San Francisco, PSI Discovery—Depositions—Psychiatric Injuries—WCAB, granting defendant ' s petition for removal, held that WCJ ' s order denying defendant ' s petition to compel deposition testimony impermissibly curtailed defendant...

Andrew Martin on the Court of Appeals decision in Matter of Singer, 2009 NY Slip Op 9265 (N.Y. 2009), or Taking the Terror Out of the In Terrorem Clause

In Matter of Singer , 2009 NY Slip Op 9265 (N.Y. 2009) , the Court of Appeals has appeared to expand the safe harbor provision of NY CLS EPTL § 3-3.5 and NY CLS SCPA § 1404 . In this Analysis, Andrew L. Martin opines that this expansion will broaden the safe harbor provisions so wide as to...

CA: Employer's Management Representative Allowed to Attend Injured Worker's Deposition

Amador Padilla v. Los Angeles Metropolitan Transportation Authority, PSI Discovery--Depositions--Employer Representatives--WCAB, in a majority opinion, granted defendant's petition for removal from WCJ's order limiting type of employer representative allowed to attend deposition of applicant...

California: Presiding Judge Clarke of Salinas WCAB Issues Guidelines—Appropriate Reimbursable Amounts for Deposition Attorneys Fees

California: Presiding Judge Thomas Clarke of the Salinas WCAB Has Issued Guidelines Regarding Appropriate Reimbursable Amounts for Deposition Attorneys Fees Under Labor Code §5710 Effective December 13, 2010 Every few years, the presiding judge of the Salinas WCAB issues new voluntary guidelines...

Managing Agents Must Travel to Virginia for Depositions

During discovery, an examining party has the power to compel the deposition of a corporate defendant's " managing agents ." If the plaintiff's lawyer designates an individual to testify who is not an officer, director, or managing agent of the corporate defendant, the lawyer must resort...

MA: DIA Changes Fee Schedule For IMEs

Boston, MA (CompNewsNetwork) - On July 1, 2011, the Department of Industrial Accidents will institute in a new contract with its Impartial Medical Examiners pursuant to M.G.L. c. 152, §11A. Within that new contract the fees for conducting the deposition of an Impartial Examiner will be increased...

Bensen & Myers on Litigation Management Part 5: Depositions

Rebecca Kelder Myers and Eric E. Bensen , authors of the LexisNexis® title Bensen & Myers on Litigation Management, recently visited the LexisNexis offices in New York City for a conversation about just some of the topics they explore in their new work. Myers, an attorney with Paul Hastings...

California: Depositions, Anyone?

By Robert G. Rassp, Esq. Recently, a defense attorney took the deposition of an Applicant who had filed two claims – an admitted specific injury and a denied cumulative trauma case. The deposition itself went smoothly (no one overtly lied about anything) but at the end of the deposition, the...

Vandeventer Black LLP: Ending Lawsuits

By Ned Nicholas Hundreds of thousands of lawsuits are filed in the United States every year. The bulk of these are routine collection matters, so it is not surprising that relatively few of these cases end with a trial. But thousands of hotly-contested business and personal injury lawsuits are...

Supplemental Deposition Discovery In Foreign Countries In Aid Of Jurisdiction Permitted

In Reid v. Siniscalchi , C.A. No. 2874-VCN (May 25, 2012) , the Court addressed a request for additional deposition discovery requested by the plaintiff to prove that the Court had jurisdiction over the defendants. Issue Addressed: Whether the court had personal jurisdiction over certain corporate...

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order

There haven't been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC 45, the Judge found a general objection insufficient...

Paula Deen and Depositions

As would be expected, the reports of Paula Deen's deposition testimony drew wide spread media attention. USA Today had an article entitled " Paula Deen is Done, experts say ." The Food network declined to renew her contract, and she had a tearful appearance on The Today Show. The fallout...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 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. Flavio Solano, Petitioner v. Workers'...

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday, in Taidoc Technology Corp. v. OK Biotech Co. ...

A Valuable Point From the NC Business Court on Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition? Maybe that question has never puzzled you, but in an Order of the Business Court on February...

Delaware Court of Chancery Imposes Fees for Errant Deposition Conduct

The Delaware Court of Chancery recently imposed penalties on a non-Delaware attorney for behavior during a deposition that was not in compliance with the applicable Delaware deposition standards. The letter decision in the matter styled In Re: Shawe & Elting LLC, C.A. No. 9661-CB (Del. Ch. Aug. 14...

Does Violation of the QME Regulations Make a Report Inadmissible?

When policy, practice, and punishment collide and the art of discretion By Brad Wixen, Esq. In the case of Chaides v. The Kroger Company , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the Panel Qualified Medical Evaluator (QME) on the case evaluated the applicant several times and issued many supplemental...

California Hearings and Electronic Testimony: The Cost of Convenience

In Simmons v. Just Wingin’ It, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order requiring an out-of-state claims adjuster who administered the applicant’s temporary disability benefits in connection with his 9/22/2014 industrial right foot and ankle injury...

California: A “New” Discovery Tool Available to the Defense Bar?

The California Constitution mandates that the workers’ compensation process, including those provisions applicable to discovery, shall be established so as to accomplish substantial justice in all cases expeditiously, inexpensively, and without encumbrance of any character. Indeed, in Hardesty...