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Litigation

Home » Litigation » Page 2
By Mark Perkins
In Discovery, Litigation
Posted January 24, 2013

Tricky Deposition Questions

The following are a list of “Tricky Questions” often used in depositions. It would behoove you to pay attention to these tricks before your next deposition. The question is asked out [...]

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By Mark Perkins
In Litigation
Posted November 29, 2012

As a Witness, Know the Difference in Direct Examination v. Cross Examination

The following points distinguish between direct and cross examination testimony. I am sure that these are not new ideas to attorneys, but for those of you who have never been deposed (or [...]

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By Mark Perkins
In Employment Law, Litigation
Posted July 12, 2012

Do Federal Laws Preempt State Law Claims Alleging Negligent Hiring, Training, Retention, and Supervision?

The short answer: maybe. There’s no harm in trying. Recently, I read a very interesting article in the Transportation Law Journal by Aubrey Holloway about this issue of  a federal law [...]

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By Mark Perkins
In Litigation, Medical
Posted June 7, 2012

WHEN OPINIONS OF MEDICAL DOCTORS REGARDING ALLEGED DISABILITY ARE UNRELIABLE

Last week, we talked about the general arguments to exclude from a tort case any determination by the SSA of disability. This week, I am going to outline some reasons why the medical opinion of [...]

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By Mark Perkins
In Broker Liability, Litigation
Posted March 29, 2012

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 [...]

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By Mark Perkins
In Employment Law, Litigation
Posted December 29, 2011

Employer NOT Vicariously Liable for Employee Actions

Suppose you have a scenario where an employee injures a patron under circumstances  in which: 1. the employee’s shift had ended and she had clocked out. 2. the employee’s [...]

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By Mark Perkins
In Accident Investigation, Litigation
Posted December 1, 2011

Could He See In The Dark? (or Conspicuity Issues)

A few weeks ago, I discussed a case in which night visibility evidence was addressed and the testimony of an expert was excluded. The following is follow up to that post, giving you some ideas on [...]

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By Mark Perkins
In Litigation
Posted October 27, 2011

Video Attempting to Show Visibility Inadmissible

This post involves an accident that occurred on a dark night in February at the intersection of North Market Street and Havens Road in Shreveport, Louisiana. The defendant, driving a flatbed [...]

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By Mark Perkins
In Accident Investigation, Litigation
Posted October 6, 2011

The Illusion of a Phantom Truck

Plaintiffs argued that my clients  owned the truck that impacted them and forced them off of the road. The truck that hit the Plaintiffs did not remain at the scene, and the accident report [...]

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By Mark Perkins
In Discovery, Litigation
Posted August 19, 2011

Defending A Driver for Marijuana “Intoxication”

As truck driver made an lane change, he collided with a passenger car, which was pushed into a retaining wall. To add “insult to injury,” the truck driver was allegedly under the [...]

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