Safety and Health Reporter

Disparagement Clauses

Brien Roche
Disparagement clauses or what may more often be called “non-disparagement clauses” are common in many settlement agreements.  In particular they may become part of divorce settlements.  They are …

Impact of the Coronavirus on the Legal Profession 

The legal profession is similar to many service industries. That is, lawyers are selling a service consisting of their advice, their skill in the courtroom, their skill in drafting documents and their time. Lawyers, unlike most other service professionals, are not selling any product. 
Lawyers …

Cross-Examining Expert Witnesses
Brien Roche

Cross-examination has been dealt with on several other pages on this site.  Cross-examination in general, cross-examining defense medical experts, cross-examining brain injury experts are all addressed in …

Diabetes Malpractice

Brien Roche
The American Diabetes Association (ADA) has standards as to the care of diabetes.  If these are complied with, they provide the means to bring the blood sugar of most diabetics …

Voir Dire

Brien Roche
Voir Dire- To Speak The Truth
Voir dire takes place at the beginning of a trial.  It consists of the attorneys asking questions of the people who may sit on the …

Communicating Effectively

Brien Roche
There is no question that a picture is worth at least 1,000 words.  It may be worth 10,000 words.  Frequently you don’t have a picture with you when you’re trying …

Other Similar Incidents
Brien Roche

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 …

Sexual Abuse Claims

Brien Roche
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 …

Cross-Examining Defense Medical Experts

Brien Roche
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 …

Neuropsychological Exams

Brien Roche
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. …

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