Closed head injuries can lead to increased recoveries
Although a closed head injury can add a lot of value to a case, plaintiffs’ lawyers and their clients sometimes overlook the existance of these injuries . Since it can be difficult to prove brain injuries, many attorneys simply refuse to take closed head cases. However, once the injury is understood, and the attorney is…
“How to Litigate Soft Tissue Cases”
Article Author: Richard L. Tousignant INTRODUCTION The MTLA and the ATLA are both providing seminars on how to deal with companies such as Allstate and State Farm and their low settlement offers. No seminar is going to tell you how to handle the low settlement offer. Collectively, the most effectual way to handle low settlement…
When to make a federal case out of it
In a case that can be filed in either federal or state court, which forum should you choose? With federal filings in Minnesota down 29 percent in the last year, a number of local practitioners said that they would opt to bring their case in the U.S. District Court. Among the reasons cited by practitioners…
Top Ten Litigators Winnin’-sotans
The top litigators in Minnesota include one of the nation’s most prominent and successful trial lawyers, one of the nation’s most prominent auto products defense attorneys and the lead counsel for the plaintiffs in the massive $5 billion verdict in the Exxon-Valdez case. James R. Schwebel: Minneapolis’ Schwebel, Goetz & Sieben P.A. James R. Schwebel…
Top Ten Litigators – Winnin’-sotans
Top litigators include prominent nemesis of Big Tobacco plus defenders of automakers. BY MARGARET CRONIN FISK NATIONAL LAW JOURNAL CONTRIBUTING EDITOR The top litigators in Minnesota include one of the nation’s most prominent and successful trial lawyers, one of the nation’s most prominent auto products defense attorneys and the lead counsel for the plaintiffs in…
Insurers ‘get tough’ with soft tissue cases
Soft tissue injury cases are increasingly likely to proceed to trial due to “get tough” pre-suit strategies adopted by many insurance companies. Under the new approach, insurance companies deny many soft tissue injury claims, and restrict the discretion of their adjusters to negotiate. Even in cases of clear liability, insurance companies are directing their adjusters…
Proposal would abolish peremptory removals
The Conference of Chief Judges is considering a proposal that would eliminate lawyers’ right to peremptory removal of judges in civil and criminal trials. Currently, attorneys can have the first judge assigned to their case removed without offering any reason for their request. Subsequent removals require a showing of cause, such as prejudice on the…
Focus on Safety 1999
Safety is as fundamental to trucking as the freight it carries, but never has it been more important in the public’s mind. Recent events, such as the Bourbonnais, Ill., train crash or the rollover of a tractor-trailer carrying black powder in Virginia, have put safety in the spotlight. The Bourbonnais incident – which left 11…
It’s Trend vs. Numbers in Fatality Debate
Are highway travelers safe from big trucks? It all depends on what numbers are used to quantify safety. Despite more trucks on the roads, the likelihood of being in a fatal collision with a commercial vehicle has declined steadily since 1975 in the United States. However, the number of people dying in truck-related road accidents…
Dog-bit cases can lead to significant recoveries
While dog-bite claims present some unique challenges to plaintiffs’ lawyers, they can lead to significant verdicts and settlements. A plaintiff-friendly statute makes liability against the dog’s owner relatively easy to establish — so long as the plaintiff was not trespassing or provoking the animal at the time of the injury. Damages, however, can be another…
5 Men Died in a Horrific Boat Crash on the St. Croix River
Stillwater, Minnesota, July 14, 1999 – When five men died last July 3 in a horrific boat crash on the St. Croix River, all of them were legally drunk, according to Washington County Sheriff Jim Frank. In that accident, a larger 27-foot powerboat, believed to be driven by Scott R. Deville, 33, of Dresser, Wisconsin,…
“What Every Trial Lawyer Should Know: The Impact of the Joiner and Carmichael Decisions On Expert Testimony”
Article Author: Paul E. Godlewski I. INTRODUCTION The recent United States Supreme Court decisions of General Electric Co. v. Joiner and Kumho Tire Co. Ltd. v. Carmichael will immediately impact expert witness testimony under Federal and Minnesota Rules of Evidence 701 and 702. Minnesota, like most states which have codified the rules of evidence,…
Should municipal liability caps be higher?
Plaintiffs’ attorneys contend that current statutory limits are too low to adequately compensate victims killed or seriously injured as a result of negligence on the part of city employees. Last December’s tragedy at the Holidazzle parade in Minneapolis was only the latest in a series of accidents that have given some in the plaintiffs’ bar…
Successfully settling a pre-existing injury case
It can be difficult for a plaintiff to settle a personal-injury action if the plaintiff had pre-existing injuries. The defense will undoubtedly maintain the injuries that the plaintiff is seeking were not caused by the defendant. However, despite the difficulties in proving causation, a significant recovery is possible — as evidenced by a recent $85,000…
Minneapolis moving closer to decision on gun lawsuit
Case could set precedent for suits by individuals Minneapolis may come one step closer this week to deciding whether to file a lawsuit against the gun industry, according to city officials. An aide to Minneapolis Mayor Sharon Sayles Belton said that the mayor is waiting to receive a recommendation from the City Attorney’s Office on…
Peter Riley Receives National Certification as a Civil Trial Specialist
Minneapolis, MN (February 5, 1999) – The law firm of Schwebel, Goetz & Sieben, P.A. is pleased to announce that Peter W. Riley Esq., has been certified by the National Board of Trial Advocacy (NBTA) as a Civil Trial Specialist. The NBTA, a nonprofit organization founded in 1977, was created in the public interest to…
Buyer Beware
Successor Companies Can Be Strictly Liable For Defective Products Manufactured By Predecessors In this age of corporate mergers, takeovers and acquisitions, a company purchasing the assets of another needs to know exactly what it is buying into, especially if it is acquiring a company that manufactures a product. As the state court of appeal in…
“Minnesota No-Fault: Uninsured and Underinsured Motorist Law”
Article Co-Editor: Peter W. RileyArticle Editor: James R. Schwebel