|
|
Your Source for Legal Knowledge
Resource Library
Medical Malpractice
- A Primer on Medical Malpractice Law — Lyle Griffin Warshauer
- Medical Malpractice in the Era of Managed Care — Lyle Griffin Warshauer; malpractice claims involving HMOs / managed care
- Hospital Liability — Hospital liability for nurses, employees, and independent-contractor physicians
- Basics of Professional Negligence — Medical and legal malpractice fundamentals
- Mediation of a Medical Negligence Case from the Plaintiff’s Perspective — Also relevant to Section 10 (Settlement & ADR)
A. Birth Injury
- Fighting the “It Was Genetic” Defense: Defeating Rule 35 Motions to Compel Genetic Testing in Birth Injury Cases — Lyle Griffin Warshauer & Will Ortiz
- Newborn Metabolic Screening – Adequate Medical Care Begins Here — Newborn “PKU” screening and missed metabolic disorders
B. Psychiatric Malpractice
- Understanding the Mental Health Privilege (Verdict – GTLA Journal, Spring 2015) — Georgia’s psychiatrist–patient / mental health privilege; external link (nxtbook)
Wrongful Death and Catastrophic Injuries
- Death Claims in Georgia: Who Has the Claims for What Damages? — Wrongful death vs. estate claims
- Posttraumatic Stress Disorder — Recognizing and proving emotional injury accompanying physical injury
Railroad Litigation and FELA
- Suing Railroads: The Train May Win the Battle, But You Can Win the War
- The Train Usually Wins, the Crew Too Often Loses – A Multi-Pronged Approach to Recovery for Crew Injuries Caused by Grade Crossing Collisions
- A Spouse’s Guide to the Federal Employers’ Liability Act – What to Do When Tragedy Strikes — Booklet by Michael Warshauer
- How to Protect Your Rights When Injured on the Job (United Transportation Union publication)
- Can the Carrier Reduce Its Damages by Dismissing the Employee from Service? — FELA / Railway Labor Act dismissal evidence
- Don’t Get Railroaded When Conducting a Site Inspection — Railroad release/indemnity demands for site inspections
- Demonstrative Evidence in Railroad Cases – From Cheap to Expensive
- Frequently Asked Questions on Employee Protections for Reporting Work-Related Injuries and Illnesses in the Railroad Industry
- Consistent Evidence Involving Engineering Issues – Railroading ABC: The FELA Claim — LINK ISSUE: points to the FAQ PDF above, not a separate FELA article (see Appendix A)
- 2012 SOFA (“Switching Operations Fatality Analysis”) First Quarter Report — Railroad switching fatality and severe-injury data
B. Automobile Product Defects
Products Liability
- An Overview of Georgia Product Liability Law
- KonMari Method™ Your Cases: Neutralizing Junk Science Defenses in Design Defect Cases — Jasper V. Abbott (AAJ). Also relevant to Section 7
- Identifying Product Liability Cases in the Workplace (webinar by Michael Warshauer) — External link (Trial Lawyers Association of D.C.)
- High Tech Testing — Michael Warshauer & Trent Shuping (Trial, June 2011); forensic engineering tests to prove defect
- Beating the Statute of Repose: New Ideas for Old Products — O.C.G.A. § 51-1-11(b)(2)
- Combating the Intervening Negligence Defense in Product Liability Cases
- Proper Pleadings Prevent Preemption Problems
- Preemption: The Pendulum Swings Yet Again — Lyle Griffin Warshauer
- They Knew and Failed To… True Stories of Corporations that Knew Their Products Were Dangerous, Sometimes Deadly — AAJ publication; covers medical devices, drugs, consumer products, food, automobiles
A. Dangerous Toys and Consumer Products
- Playing with Safety: Dangerous Toys and the Role of America’s Civil Justice System — AAJ report (Dec. 2010): lead, toxic substances, magnets
Motor Vehicle and Trucking Accidents
- Truck Safety Alert: The Rising Danger from Trucks, and How to Stop It (AAJ Report, Feb. 2013) — Old WordPress URL – worth confirming it still resolves
- Getting the Small Car Wreck Case to Trial in an Efficient Manner – or – Just Say No to Small Offers
Daubert and Expert Witnesses
- Daubert, Joiner, Kumho Tire, and Weisgram – What These Cases Stand For
- Daubert: A Practical Guide to Navigating the New Playing Field for Expert Testimony in Georgia — Lyle Griffin Warshauer
- Daubert: A Double Edged Sword — Lyle Griffin Warshauer (GTLA)
- Update on Daubert: What Has It Done to Affect the Right to Jury Trial? — Lyle Griffin Warshauer
- What Every Plaintiff Lawyer Needs to Know About Daubert: Your Expert May Have a Daubert Problem You Don’t Know About — Michael & Lyle Warshauer (AAJ teleseminar)
- Procedural Hurdles for Expert Testimony — Lyle Griffin Warshauer; Georgia expert rules after SB3. Listed twice on the site (see Appendix A)
- Preparing Experts to Minimize the Risks of a Successful Challenge — Lyle Griffin Warshauer
- Prepping Your Expert — Lyle Griffin Warshauer & Michael Warshauer
- Consistent Evidence Involving Engineering Issues — Presenting technical experts who survive Daubert
- Direct Examination of Expert Witnesses
Trial Practice and Advocacy
- Trial Preparation
- Trial Preparation: File and Work Flow Organization — Lyle Griffin Warshauer
- Opening Argument
- Trial Themes: A Trial Without a Theme Is a Trial Without a Purpose — LINK ISSUE: opens the Daubert teleseminar paper, not this article (see Appendix A)
- My Top Ten Tips on Presenting Evidence at Trial — LINK ISSUE: opens the Daubert teleseminar paper, not this article (see Appendix A)
- Trial Exhibits and Demonstrative Evidence — Michael Warshauer & Douglas C. Dumont
- Demonstrative Evidence: Exhibits for the Rich and the Poor
- Evidentiary and Ethical Considerations of Technologically Presented Evidence — LINK ISSUE: opens the “Trial Preparation” paper (see Appendix A)
- Direct and Cross Examination at Trial — LINK ISSUE: file is a duplicate of the cross-examination paper below (see Appendix A)
- Cross Examination of Defendant and Defendant’s Expert — Michael Warshauer with Brad W. Thomas. Also relevant to Section 7
- Liar, Liar, Pants on Fire – Impeachment by Cross Examination
- Novel Yet Unconventional Trial Tactics that Worked
- Are You the Steam Roller or the Pavement? Five Things that Make a Difference — Taking active control of your cases
- Jury Charges – The Beginning and End of All Trials — LINK ISSUE: opens the “Steam Roller” paper (see Appendix A)
- Jury Charges and Preserving Objections — Lyle Griffin Warshauer
Case Evaluation, Pleading, Discovery, and Appeals
- Identifying Valid Claims – It Takes All Three Legs for the Stool to Stand — Douglas C. Dumont; case selection
- Applying New Plausibility Standards for Plaintiffs — NO LINK on the site – title appears as plain text (see Appendix A)
- The Curious Work of Depositions — Michael J. Warshauer
- Effective Use of Do-It-Yourself Focus Groups
- Preserving Issues for Appeal — Lyle Griffin Warshauer
Settlement, ADR, Liens, and Subrogation
- Strategies and Uses of ADR from the Plaintiff’s Perspective
- Paying Out the Settlement: Resolving Liens and Reimbursement Rights — Lyle Griffin Warshauer
- An Overview of Current Subrogation Issues
- Subrogation Update — Michael & Lyle Warshauer (Verdict)
- O.C.G.A. § 34-9-11.1 Is Unconstitutional — Workers’ compensation lien / reimbursement against third-party recoveries
See also: Mediation of a Medical Negligence Case from the Plaintiff’s Perspective
Tort Reform, Civil Justice, and Insurance Advocacy
- Constitutional Challenges to SB3 — Lyle Griffin Warshauer; Georgia 2005 tort reform
- Civil Justice Is a Conservative Value — Michael Warshauer
- Politics Matter — Why trial lawyers must engage politically
- More About the McDonald’s Coffee Lawsuit — The facts behind the “hot coffee” case
- “Insurers Are NOT Your Friends” – Informational Video, Part One — YouTube
- “Insurers Are NOT Your Friends” – Informational Video, Part Two — YouTube
Other Articles
- Warshauer Atkins: Referral Relationships (Verdict – GTLA Journal, Spring 2019) — External link
- An Inaugural Message from Michael Warshauer
- Being a Trial Lawyer Is Not for the Faint of Heart
- Are You a Real Lawyer? — Hosted on Google Drive
- Legal Ethics for Legal Assistants — Ethical rules for paralegals and non-lawyer staff