Respond to 3 motions for summary judgment and motions to exclude expert testimony (3 defendants, same issues) in a medical malpractice action on behalf of Plaintiff.
The motions for summary judgment involve the gross negligence standard for healthcare provided in an emergency setting. The motions to exclude expert testimony involve the qualifications of one of Plaintiff’s expert witnesses.
Timothy is awesome! He did an outstanding job and did so in a timely manner. Communication was smooth and the end result was very well done. I will definitely use his services again.
I need a demand letter to a restaurant and bar where my client’s daughter was employed. She was 17 and had an affair with an employee who was 24. He is being charged with sexual misconduct with a minor. We are alleging that employees, management, and owners were aware of the relationship, warned the guy that she was a minor, but did nothing to stop it.
Provide relevant arguments as to responsibility and the law. Respondeat superior, negligent supervision, etc.
Writing demand letters can be very difficult. Frank hit it out of the park.
We need a S&C drafted for a MM case in NY County Supreme.
Product of delivery (placenta) remained. Discovered on presentation for pain post delivery. D&C scheduled. Uterus perforated during procedure. Trauma Surg called in and repairs.
Extended stay in hosp on antibiotics post surg.
Risks of future pregnancy.
Every project we have assigned Mary gets prompt, professional attention. She is our go-to Lawclerk!!
(a) Points & Authorities -OR- (b) legal discussion of defects in cross-complaint. [Choose your preferred style.]
I need either a memo that discusses the pleading defects in a cross-complaint, or some written discussion of the defects which I can use for my demurrer motion.
This one was hard to categorize, but I hope you will actually find it to be an interesting project. I sued the tenants for unpaid rents based on a written lease. They filed a cross-complaint for “Failure to Accounting, Conversion, Unjust Enrichment, Negligent [sic] Failure to Account, Intentional Infliction of Severe Emotional Distress” [this was copied directly from the cross-complaint]. This bizarre cross-complaint doesn’t appear to state real causes of action.
To estimate your review time: I will provide a one-page written summery of the case-specific facts. The cross-complaint is 12 pages, which includes: 2 pages of facts, 1 page of common allegations and 7 pages covering their 5 causes of action. The documents in this case consist of a California Standard Multi-Tenant Office Lease, a 3-day notice, and a 1-page termination letter from the tenant.
He’s great!!! Jeffrey truly exceeded expectations and his work couldn’t be better. He took a bizarre cross-complaint in a complex case and wrote a beautiful demur that eviscerated the cross-complaint. It was not overly wordy and was written in a very simple yet elegant style. This is how great attorneys write.
Initial Opening Brief of Appeal needed.
Issue involves Savings Clause in Wyoming as it relates to statute of limitations. Record is small, only includes Complaint, Answer, Motion for Judgment on Pleadings, Opposition, and Order Granting Motion. Need appeal brief to be final, with TOC and TOA and complying with 10th circuit requirements. Also need someone who will agree to also write a Reply to the opposition brief. I will pay an additional $1,000 for the reply brief.
Jordan is truly talented, a remarkable writer, a wonderful person to work with and someone I would not only highly recommend but who I most certainly intend to work with again. You would be exceptionally fortunate to have her on your team!! I give her my highest of recommendations!
I need a short memorandum outlining jury verdicts or settlements in Minnesota (preferably Hennepin and Ramsey Counties) in defamation cases. Specifically, the case I am working on involves a media defendant and a private plaintiff. I just need a real short sentence or two about the facts, a cite, and the verdict or settlement amount. If there are many, just narrow it down to a dozen or so of the most relevant, recent cases.
I imagine this should only take an hour or two, but one will need access to jury awards and verdicts in Minnesota.
Laura did an excellent job of timely providing exactly what I asked for, and did it at a level above and beyond what I was expecting.
I need a response to a Motion for Forum Non Conveniens.
Estimated length of motion: 5 pages.
This is the second time having David assist my office on a project and again he did an exceptional job. Not only does he write great briefs, but he goes above and beyond and does his own independent research on fact issues for the case. I cannot recommend him highly enough. Great job!
I need an opposition to a motion for determination of good faith settlement in a personal injury case.
The opposition will probably be 6 or 7 pages. I expect it to take a couple of hours.
Porsche was great to work with. She communicated well and provided a great work product. I highly recommend her!
Respond to 3 motions to partially exclude testimony.
Two of the motions seek to exclude certain testimony and opinions of 2 of plaintiff’s expert witness. The third motion is to exclude testimony of a fact witness coroner.
Tim does excellent work. He is very detail-oriented and delivers a finished product that is ready to be filed. I’ll definitely use him again.
I am working on a personal injury case. I need legal research and a memo on several liability issues. I would like an attorney with insurance defense or plaintiff’s background of 4+ years to help me out. This is a Florida case.
Client is 17 years old. He was injured while riding in the back seat of a side-by-side ATV without a seatbelt when the driver hit a utility pole at 30+mph. They were at an amusement park in Florida designed for daytime motorcycle and ATV racing. This wreck was not on the racetrack, but rather took place after dark (races are during the day) during a country music concert on the grounds. The client was employed by the amusement park, but paid cash under the table. His job was to monitor one of the racetracks. The amusement park did not carry any workers comp (please assume they were required to). The amusement park owned the ATV.
Please research:
1. Theories of negligence against the amusement park, such as negligent supervision, inadequate security, failure to train, etc.
2. Is the ATV a dangerous instrumentality under Florida law so as to imposed liability on its owner for the negligence of the driver? There is case law saying such is not automatic....is that still good law? If so, what must I prove to get that doctrine to apply?
3. Does a negligent entrustment theory work here relative to the ATV?
4. Under Florida law, if an employer does not carry workers compensation when it is required to (i.e., 3 or more employees), the defenses of assumption of risk and comparative negligence are taken away from the employer by statute. Find that statute and see if you can find cases discussing that issue.
5. If we take the stance that those defenses do not apply because workers comp was not in place, will the general liability carrier be able to deny coverage on the basis that the GL policy does not cover employment related matters?
Deidre did a great job. On point and on time!
Review of medical records in a medical negligence case to identify nurses and healthcare providers as expert witnesses in an expert designation.
This project involves review of approximately 2478 pages of medical records to identify each individual care provider by category and specialty as an expert for an expert designation. There is a defined structure for the designation which will be provided in Word format.
Rachel completed the work in a timely and professional manner. She quickly added requested revisions. The work was well-done.
I need a summation of the treatment rendered to a client at two hospitals.
About 1100 pages. A lot is filler and can be very brief on the filler. Looking for a summary of treatment, like a timeline or what she received when and by whom.
Nora was a pleasure to work with. She performed a comprehensive medical record summary for me with a quick turnaround time. Definitely recommend her.
Opposition to TWO motions for summary judgment from co-defendants based on identical facts and co-defendants making similar arguments.
This is a fight, but I think it’s one we can win. I chose you in light of your experience advocating for children and you would recognize some of the points I’m making. The complaint derived from “birthday licks” given by the director of a boys choir on the boys’ bottoms for their birthdays. Before pursuing it criminally, we wanted to do our own investigation so that we didn’t wrongly accuse. We learned of physical and verbal abuse, but haven’t disclosed sexual abuse. Based on my eleven years as a former prosecutor, I suspect that something is there, but I lack subpoenaing powers to uncover anything. But, the bday licks are still inappropriate on many levels.
Chris worked hard and was committed to providing a thoroughly researched project.
We need deposition reviews, summaries with citations, and highlighting the most relevant excerpts from the depositions. This is a personal injury case aboard a flight alleging physical and emotional damages.
Need to have a pdf program that allows you to place colored boxes on the transcript to highlight relevant portions, and to bookmark pdf.
Really great work - crisp, clean, no typos, and picked up on all the important details. Glad I found her on Lawclerk!
I am in need of someone to review any Wyoming Supreme Court decisions since 2015 that deal with evidence issues or personal injury damages issues, and then supplement our jury instructions with same. There very well may be nothing to supplement, or very little to supplement. We do not get too many law changing SC cases in Wyoming.
Template of what I am looking for will be provided.
Christine is always a pleasure to work with, always on task, always completing projects early, and always going the extra mile. I look forward to working with her in the future.
Motions in Limine to preclude reference to internal policies of Defendant, to preclude evidence of uncalculated damages, to strike plaintiff’s expert and to strike evidence and testimony of June 18, 2015 phone call.
Research and write oppositions to these four motions.
Melissa is wonderful to work with and does a thorough job. She usually completes assignments well before they are due. I would not hesitate to use her services again.
I need a Daubert Motion / Motion to Strike Defendant’s Liability Expert. This is a maritime personal injury case where we represent the Plaintiff. Plaintiff was injured after he slipped and fell in a mud tank on an offshore oil rig. The Defendant’s liability expert says the Plaintiff had “Stop Work Authority” or the ability to stop the job if he felt the work area was unsafe. The expert does not provide any technical expertise in his report. The jury does not need an expert to understand the concept of stop work authority and that everyone on the rig has stop work authority.
Someone with a little experience in drafting these type of motions should be able to complete it in half a day. There is a lot of law on the topic of what type of situation calls for expert opinion and what type of situation does not.
Roy did an excellent job on the motion I requested that he draft. I highly recommend Roy for any litigation matter
Memorandum of law regarding cause of action for defamation based on false statement to law enforcement arising from written memorandum associating client with persons who have been indicted.
I am seeking a well-thought-out legal memorandum. I have good starting research for consideration of “defamation by implication”. I need to resolve how “implication” effects the distinction between defamation “per quad” and “per se” and I want to ensure complete research so I can develop a strategy around any negative law.
Thorough research and excellent, focused memo on a complicated issue. Great work.
I need a Complaint bringing suit against the driver of a Ford F 150 that was towing a trailer who was negligent in his driving and collided with my client. The trailer sheered off the hitch attached to the back of the truck.
Additional named parties would be: Ford for putting into stream of commerce a defective hitch, the (unknown) hitch manufacturer the (unknown) trailer manufacturer, as well as the (unknown) employer of the negligent driver on the day of the crash.
Client was severely injured when the negligent driver’s trailer was swaying all over the roadway and struck client’s car, sheering off the top of her car and causing severe injuries. The driver was cited but the real liable parties are the hitch manufacturer as the hitch actually was sheered off the bumper; the trailer manufacturer as it was not road safe; and the employer of the driver as the driver had plywood in the trailer as if he was heading to a job.
Fantastic. Went above and beyond. Knowledge of the law was very useful. I would definitely use again in the future.
Jury Instructions and Verdict Forms for Landlord/Tenant Retaliation Case for Using the Repair and Deduct Remedy.
Plaintiff complained to landlord about his malfunctioning oven. Plaintiff gave landlord over 60 days to repair the oven. When landlord failed to repair the oven, Plaintiff called a technician who repaired the oven on the spot. Plaintiff paid the technician and deducted the amount that he paid from his rent. After receiving the reduced rent payment, the landlord terminated Plaintiff’s tenancy.
I need edited jury instructions and verdict forms for the following causes of action:
1. Retaliation pursuant to Cal. Civ. Code Section 1942.5
2. Breach of the Implied Warranty of Habitability
3. Breach of the Covenant of Quiet Enjoyment
4. Intentional Infliction of Emotional Distress
5. Negligent Infliction of Emotional Distress
Very thorough.
1000 words on each topic:
Motor Vehicle Wrecks
Truck Wrecks
Insurance Claims
Wrongful Death
Slip & Fall
Injuries on the Job
No need to add graphics.
Should be tailored to Texas law.
Expect an hour for each topic; there are 6 topics here; so 6 hours total, but I expect some research on Texas law needs to happen after that.
Wonderful, prompt work by Thomas. He asked for feedback early on and delivered exactly what was requested, plus some!
I need a Judgment on a Jury Verdict along with the Memorandum of Costs Summary and Worksheet. Three documents total.
Summarize the jury award and then prepare the memorandum of costs that were incurred.
Jeffrey did a great job following directions while maintaining accuracy and communications with our office. Easy to work with, and I would work with him again.
I need to file a response memorandum with legal references to a SECOND Motion to Dismiss under 12 b 6. I have amended the Complaint after the FIRST Motion to Dismiss. An inmate committed suicide in prison. In my original Complaint, I listed the several prison officials and the fact that the inmate had self mutilated on several different occasions and finally was successful. Opponents are seeking to dismiss primarily on qualified and sovereign immunity grounds.
The response memorandum has a 10 page limit from the court; unless we seek or need to seek more pages to respond. I need a response memorandum to the issues raised - specifically qualified immunity and sovereign immunity for each actor sued.
In a very professional and appropriate manner, Raymond contacted me. He reviewed the pleadings and pointed out plausible arguments that could be applicable in opposing a difficult legal defense theory. I am impressed, appreciative, and at any point in the future that I use Lawclerk; I will seek Raymond first. I feel he has submitted a pleading that will give us a fighting chance to stay in the Court against the motion to dismiss.
We need an article for a newsletter.
The newsletter is distributed to a group of NY people with a HS education. Must be simple to read and engaging. The purpose is to educate the people on the importance of carrying under insurance on their own MV policies. It should explain the horror of suffering serious injuries in a MVA only to find out the D MV only has a minimum NY policy of 25K and/or they, or a family member that resides with them is in a MVA in a MV owned by someone else that has low policy limits. The readers are not aware this type of coverage exist. The carriers/agents don’t solicit this type of coverage.
Thank you Sam. Well done!
Need to add to my website the cases that I have won at the NC Court of Appeals, Supreme Court of NC, and in the Fourth Circuit Court of Appeals.
Need someone to look up cases I’ve won and get links to them and a one sentence description of what the case is about. I will provide the case names.
Nareissa did an excellent job translating appellate law into language the average reader can understand.
Case involves semi truck rear ending car. We sued the driver and trucking company. We represent the plaintiff (injured passenger in car). Driver refused to sit for deposition. Court entered an order excluding him from testifying at trial because of his refusal to sit for deposition. I anticipate that if deposed, he would have taken the 5th amendment and refused to answer questions. Post-accident drug test was positive for cocaine.
PART ONE. Answer these questions in short bullet point memo: (i) whether we can get a negative inference jury instruction under these circumstances (i.e. instruction that the jury may but is not required to assume that if the driver were to testify that his testimony would not be favorable to his defense); (ii) the language of any approved jury instructions from TX cases (state and federal) giving or approving of the negative inference under these or similar circumstances; and (iii) case citations for authority to give the instruction.
PART TWO. There is case law out there that you can get a negative inference instruction where the defendant has formally taken the 5th amendment. I will post a CLE article that is a good starting point. Please locate citations (TX) for that proposition along with any sample or pattern jury instruction on the negative inference when the defendant has taken the 5th amendment.
PART THREE. Defendant trucking company has denied liability and in a prior case blamed the plaintiff passenger for the trucker rear ending the stopped vehicle. Court granted summary judgment in plaintiff’s favor on negligence and vicarious liability. Trial is going forward on whether facts support gross negligence and punitive damages. We suspect trucking company’s trial theme will be that they have accepted responsibility and agree to be held liable for actual damages, but that the jury shouldn’t award punitive damages because they have accepted responsibility. This would be an about-face to the answer filed in the federal case blaming plaintiff. Please look at the following: (i) is the defendant’s prior answer filed in the federal case (same parties, same facts and claims) admissible in the state court case? (ii) what rules of evidence or other case law can I rely on to argue that it is relevant if they try to position themselves as accepting responsibility?
Lawclerk needs to have access to TX jury instructions and either Westlaw or Lexis.
Hannah did an excellent job researching several discrete jury instruction and evidence issues for me on a tight timeline as we get ready for trial. Her work was thorough and her experience as a trial lawyer was clear in how she put together the argument to get what we want in for trial. Incredibly, incredibly helpful. Thank you!
Need to draft Interrogatories to counter plaintiff witness. This is a case pending in D.C. Superior Court Small Claims Branch. For procedural rules, please refer to the D.C. Superior Court rules applicable for the Small Claims Branch. Look into the elements of defamation in D.C. and draft the interrogatories around those elements. Previously, I have provided you the case information. You should be able to view all the court docket documents.
Please draft at least 25 questions for counter plaintiff witness.
It’s always a pleasure to work with Ryan. He is very diligent and conducts thorough legal research.
Legal malpractice case against lawyer and firm in California.
Demurrer is on SOL - I think there’s a fact question as to when our client realized he had been screwed. Textbook case of attorney malpractice - lots of bright line violations.
Tim is an excellent thinker and writer. He produces a great product on time - always.
Need a very detailed and well-written demand letter regarding an auto accident case causing injury to four separate occupants.
Looking for someone who is well-versed in what insurance adjusters want to see to maximize value. Looking for someone who is creative in their approach to writing, persuasive, and who incorporates visuals (photographs, diagrams - will be provided) into a well thought out and impactful settlement demand.
Chris did a most remarkable job and went way beyond expectations and was very thorough. I look forward to absolutely working with him again!