The previous parts of this story can be found here and here. In March of 2010 – four years after we had filed the lawsuit and seven years after our client’s husband’s death – the case came back to the District Court. We again began working on it, exchanging written discovery, talking to witnesses, … [Read more...] about To Justice
Moving On
For the first part of this story, you might want to read this post about Indian Law. In 2003, one of our clients lost her husband when he died of prescription medicine poisoning – we believe that his doctor had been prescribing him excessive amounts of amiodarone for years without adequately … [Read more...] about Moving On
What’s a Settlement Conference?
A settlement conference, here in Montana, is an informal "mediation." I put the word mediation in quotes because it might carry more technical overtones than I mean. Boiled down, a settlement conference is a meeting between parties in a dispute to try to settle a claim or case. Generally, … [Read more...] about What’s a Settlement Conference?
What’s a Deposition?
Depositions are a formal court proceeding and result in testimony that can sometimes be used at trial. Depositions are an attorney’s tool to find out about the other side’s case in the discovery phase of litigation. They generally take place after litigation has begun, but before trial. Everything … [Read more...] about What’s a Deposition?
Septic Tank Safety
I don't spend much time reading the newspaper. I deal with tragedy and frustration at work, I don't want to get bogged down in the national tragedies and frustrations at home after hours, too. But, last week, I was waiting to meet with a doctor and I picked up the paper. I was greatly saddened to … [Read more...] about Septic Tank Safety
Dubray-Montana Law on Advance-Payments
In my previous post, I discussed the Ridley decision of the Montana Supreme Court. This is the case that requires insurance companies to pay for an injured party's medical expenses where liability is "reasonably clear" and the medical expenses are "causally related" to the accident. As anyone who … [Read more...] about Dubray-Montana Law on Advance-Payments
Ridley-Montana Law on Advance-Payments
Back when I was first out of law school, I took a job with a firm that does some insurance defense. One of my first interactions with an insurance company was a conversation I had with an adjuster who was wondering whether she actually had to pay for an injured person's medical expenses -- before … [Read more...] about Ridley-Montana Law on Advance-Payments
Young Athletes and Brain Injury
I ran across an interesting article today about the concussion dangers to young athletes participating in sports. “Shake it Off” May Be Fatal Advice 50 Youth Football Players Were Killed or Sustained Serious Head Injuries from 1997 to 2007 It really piqued my interest, because I know a high-school … [Read more...] about Young Athletes and Brain Injury