A well-regarded cavalry commander in the Civil War, albeit for the losing side, explained his string of battlefield successes by proclaiming simply that he struck "fustest with the mostest." Oddly enough, that homey and grammatically tortured maxim has direct application…
It is not unusual for each side in a maritime case to offer testimony at trial from an expert witness. An expert witness is a disinterested and unbiased person who, based on education and experience, has knowledge of a subject…
In a decision issued February 12, 2020, the Oregon Court of Appeals reiterated that, in Oregon, an expert witness may testify to a theory of medical causation that lacks support and general acceptance within the medical community. In Miller v.…
California has long given parties producing documents the option of producing them either as they are kept in the ordinary course of business or organized and labeled to correspond to the categories in the request for production. Institutional parties typically…
The California legislature didn't exactly leave coal in the insurance industry's stocking in 2019, but it did make a number of changes to California's insurance statutes. Those changes include revisions to the manner of calculation of actual cash value, including…
When a new maritime matter comes into the law office, among the first things to be done is determining what the applicable statute of limitations is. A wrong assumption can lead to significant adverse consequences for the client as well…
Most maritime lawyers and seafarers are familiar with the part of the Jones Act that provides a remedy for injuries and death suffered by seamen in the course of their employment on a vessel in navigation, 46 U.S.C. § 30104.…
Wolters Kluwer, the provider of the CCH Tax Software suite of products, discovered an "anomaly" in the spring of 2019 that, upon further investigation, was determined to be malware infecting its systems. The company immediately took its systems off-line, and…
On October 3, the Washington Supreme Court held that individual employee insurance adjusters cannot be sued for "bad faith" under a state statute regarding the business of insurance and the public interest, nor for per se claims under the Washington…
National complex litigation cases require engaging local counsel in multiple jurisdictions. As national counsel, you may view this as an administrative chore. But, if you are retaining local counsel only to "check the box," you are not getting full value…