What is the Value of an Injury?

Ever since Liebeck v. McDonald’s Restaurants entered the public consciousness—the hot coffee case—there has been a notion that personal injury suits are a lottery ticket. In reality, the law and a number of practical considerations combine to exert downward pressure on the compensation a Plaintiff can recover for his or her...
What is the Value of an Injury? Continue reading…

If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest?

Occasionally, I see good lawyers move to dismiss part of a pleading – maybe one or two counts of a five-count complaint or counterclaim – and simultaneously, needlessly, file an answer to the rest of the pleading “in an abundance of caution.” The good news is that, with just a couple of exceptions, you...
If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest? Continue reading…