The concept of duty has been addressed elsewhere on this site on the Premises Liability page. Although other similar incidents (OSI) doesn’t necessarily serve as the source of a duty …
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Factors To Look At In Sexual Abuse Claims
Children are the most frequent victims of abuse. They need to be protected. The predators who engage in sexual abuse are indeed predators. They …
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Cross-Examination of Defense Doctor
The cross-examination of the defense doctor who did the defense exam or is appearing for the defense should address several issues. If standard of care …
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These exams must be done by a neuropsychologist who is a licensed clinical psychologist i.e. a health care provider. Rule 4:10 requires such. The exams are a number of tests. …
Brain injury experts may be either neurologists, neurosurgeons or neuropsychologists. The proposed cross examination below is designed for the first two. Cross of a neuropsychologist must be further refined to avoid …
The concepts of vicarious liability and scope of employment are related. However they are not identical. If one is within the scope of employment then there will be vicarious liability. Vicarious …
Successor liability claims are based upon the idea of one entity/individual acquiring assets of a seller resulting in the seller avoiding to have to pay a creditor. The successor does not intend …
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The Virginia Dead Man’s Statute is misnamed. It really doesn’t apply just to dead men. Rather it applies to cases where a person is not able testify. …
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An estoppel is an act or statement by one party which causes another to change position to their loss. Not all of those elements must be present …
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Contributory Negligence Bar-Substantial Fault
Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …
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