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Asbestos Case Tracker

Real-Time Court Decisions and Other Developments in Asbestos Litigation.

LATEST INSIGHTS

• Experts, Trial Tactics

Recent Decision: Impeaching an Expert Witness

Attorneys and litigants would love a peek behind the curtain to develop a better understanding of their adversary’s case. Of course discovery provides the parties with various tools to identify and narrow the issues prior to trial. But discovery can only reach so far. In light of various privileges and exceptions, litigants often grapple over those materials that are discoverable and those that remain protected. In a recent New Jersey Superior Court decision, the court evaluated the extent of the attorney work-product doctrine as it pertains to expert testimony.

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• Settlement, Social Media Lessons

Settlement Voided due to Facebook Post

Facebook strikes again! Just ask a settling plaintiff who learned that his negotiated settlement payment was deemed void as a result of his daughter’s Facebook post. According to a recent decision out of Miami, an $80,000 payment was presumptively waived as a result of a post from the plaintiff’s daughter broadcasting the “victory” due to a confidentiality clause within the settlement agreement. This is just another example of the serious consequences of inadvertent disclosure of confidential information and the risks of social media.

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• Insurance Products, Settlement

Stop; Hammer (Clause) Time

Litigation is big business with big dollar signs. As a result of the large awards that can result from malpractice suits, many professionals, their attorneys, and insurers are interested in early settlement discussions. When considering settlement, the defense team must balance “right and wrong,” pride, defense costs, and other complicated factors that are difficult to quantify. For the professional, the decision may be more about reputation and morals than budgets. As a result, insureds may not always want to follow their insurer’s inclination to settle. Enter the “hammer clause.”

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• Risk Management, Settlement

When a Settlement Unhinges: Failure to Document a Mediated Agreement

Mediation is intended to facilitate the expeditious resolution of disputes. Often, mediation offers the ideal setting to promote productive conversation and settlement discussions. Skilled mediators know the right buttons to press, highlight strengths and weaknesses, and allow the parties an opportunity to “be heard,” all of which can go a long way toward settling a dispute. But, mediation does not always go as intended particularly when the terms of a proposed agreement are not documented.

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• General

The Inevitable Question: Who Hired You?

Invariably, during the representation of a professional, defense counsel may be asked by his or her adversary: who hired you? For a variety of reasons, opposing counsel may be interested in whether you were retained directly by the professional or you were appointed as defense counsel by an insurance company. A perfectly reasonable and appropriate response to this question could be: it’s none of your business.

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• General

ABA’s Blawg 100 – Nominations Due August 9th

The ABA Journal is putting together its annual list of the 100 best legal blogs, based on reader votes. As publishers of Professional Liability Matters, we are proud to be considered for this prestigious list — and we would be honored if you would help. If you enjoy visiting Professional Liability Matters, and believe it is worthy of industry recognition, please click here to visit the ABA Blawg 100 Amici page and nominate us before the August 9 deadline. Thank you!

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• General

Oh Brother: Financial Advisor Targeted for his Sibling’s Fraud

A financial advisor was recently named in a multi-million dollar malpractice matter in Texas arising from the alleged fraud of his brother. The financial advisor – the managing partner of DEW Wealth Strategies, LLC – allegedly allowed his brother to use the firm’s offices. Innocent enough, right? But according to the complaint, the brother and a company he owned, Gateway Special Opportunities Fund LLC, backed out of providing the plaintiff with millions in funding for a large condominium project in California. The brother ultimately agreed to pay the plaintiff $30 million after conceding he misrepresented the financial position of his company and the plaintiff secured a $30 million judgment. When the plaintiff could not collect on the judgment he found a new target: he is now pursuing fraud and related claims against the financial advisor.

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