National Registry of Certified Medical Examiners
On April 20, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing its National Registry of Certified Medical Examiners (NRCME). According to an [...]
Perkins Awarded AV Rating!
Perkins & Associates,LLC Receives Peer Review Rating for Mark A. Perkins from LexisNexis® Martindale-Hubbell® LexisNexis Martindale-Hubbell has recognized Mark A. Perkins with a [...]
Arbitration Mandated between Employer/Employee in Texas?
Suppose an employee and employer agree to arbitrate their disputes and the agreement is signed in Texas. Obviously, Texas law should apply. A recent Court of Appeals in El Paso case [...]
Is a CITATION against your truck driver admissible in Louisiana?
Following the accident at issue, the defendant truck driver was issued a traffic citation for failing to yield the right of way pursuant to La. R.S. 32:124. [...]
Diminution of Value or Loss of Use?
While the terms of “diminution of value” and “loss of use” are often used together, they should not be used interchangeably. Diminution of value refers to the loss of [...]
Spoliation: When to Plead (or Oppose) the Cause of Action in Louisiana Federal Courts
Law Regarding Pleading Spoliation The theory of spoliation of evidence refers to an intentional destruction of evidence for purpose of depriving opposing parties of its use. Hooker v. Super [...]
Fibromyalgia is STILL Bunk Based on Junk Science!
Overview Fibromyalgia is a syndrome that consists of a person having long-term, body-wide pain and tenderness in the joints, muscles, tendons, and other soft tissues. The condition is associated [...]
Nuts & Bolts of Computer Generated Evidence Admissibility
FORMS OF COMPUTER GENERATED EVIDENCE (CGE) The admissibility of the evidence will reflect the type of evidence it is: (1) demonstrative evidence or (2) substantive or real evidence. The two main [...]
Impact of Sperl v. CH Robinson Worldwide inc. on Broker’s Vicarious Liability for Trucking Driver’s Negligence
Transportation Broker responsible for $23 million in damages for truck driver’s negligence!!!* Procedural History Plaintiffs filed a lawsuit against C.H. Robinson (CHR), a broker between [...]
Defending a Daubert Challenge Against Defense Experts
Suppose you have hired an expert on hiring practices and your opponent wants to have him excluded under a Daubert challenge? How can you fight the challenge? A few years ago, we were defending [...]