Posts tagged obnoxious defense
Dear Judge: Can you PLEASE muzzle that woman...and the press

In its third motion for protective order my least favorite tourism company asks the court yet again to stop the plaintiff from filing motions in the public court file.  Instead they want a special rule that requires us to give them five days notice before we can file a document so they can bring a motion asking the court to seal it or block us.  Kind of like an early warning anti-missile system.  We must tell them before we launch then they try to shoot us down before the paperwork can hit the courthouse file.

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Lawyer vs. Lawyer

June 1, 2016 3:31 PM

Hi Karen, I recently came across your post on "The Velvet Hammer" blog describing purported excerpts from John Henry Browne's emails to you during communications over the lawsuit involving Tracy McNamara.  I am interested in speaking with you about this when you have some free time.  Please give me a call.  Thanks,

Lewis Kamb, Reporter The Seattle Times

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How many insults does it take for me to call you a three letter word

On Monday I called an attorney an A_S.

Now you may be thinking Karen Karen Karen.  But I didn't lose my temper.  I stated a fact.

One day when I came home from work many years ago, the nanny smiled and said - your daughters told me that yesterday you said the S word.  Cristina, Alysha and Noelle started giggling.  Raised their little eyebrows.  Waited for Marlenee Beenee (actual name Marlene) to scold me.  Or better yet - as she had done to Alysha - wash my mouth out with soap.

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Playing the "pot" card against an innocent driver

Driving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.

Let's say you live in a state where pot is legal.  You get high on a Sunday evening with a group of friends in your own home.  On Thursday, you are driving down a road and someone runs a red light.  You had a green light.  The bad driver tells the officer that you look high.  The officer doesn't see anything unusual but asks you to take a blood test.  Carboxy-THC shows up.  You are ticketed for driving under the influence.  Until a prosecutor looks at the blood work and realizes there's no case.  At which point the charges are dropped

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The almost tantrum: a tale of typical trial lawyer self control

It's a drizzly Sunday.  Have popped into the office to work on a settlement letter.  Nala is chewing on her antler.  Am eating my favorite pastry from Macrina bakery - the orange pinwheel.  Superb as usual.

Am working on the letter.  But also engaging in typical bounce around behavior.  Read incoming email from co-counsel on a different case. Defense attorney wants a continuance on a summary judgment motion.  This is the fifth motion in a string of motions.  Maybe it's the fourth.  Or the sixth.  Have lost count.

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Is this the biggest bozo move ever by a defense medical examiner

Before this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.

It was a two doctor panel exam.  While the orthopedist was taking a history, the neurologist was reading a political thriller.  I thought that was bad enough until midway through.  His head was nodding and then jerking forward.  Like a puppet on a string held by Mr. Sandman.  Until he gave in.  Chin coming to rest on his chest.  At least he didn't snore.

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Email smack down: dear defense lawyer - are you hoping our client will die

Prologue:

Adversarial litigation can  leave us feeling angry and indignant on behalf of our clients.  Someties we can turn our cheek.  Walk away.  Other times, we need to engage.  When we decide to strike back, we always need to remember to keep the court in mind. 

Written interchanges by mail or email have the potential to end up in a motion before the court. Retaliating to a bad email by throwing out a heated written slap is not a good idea.  It can end up as Exhibit A.

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Deposition of a defense psychiatrist: doctor do you have a crystal ball

Ms. A is insured by State Farm with UIM. They do not want to pay the claim.  They hire this psychiatrist to do a records review. To help them challenge the injury claim.   Dr. P never meets or interviews Ms. A.   But being the God-like creature that he is, will testify that Ms. A somaticizes her injuries and has "secondary gain."   What this means in real people language - is that she is making the injuries up.   My job is to show that he is the one making things up.

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How to bite tongue and pound a hammer

A.  This is the polite way I have to fight defendants who move the court to dismiss my client's case. (Page 1 of 15).

In a chain reaction freeway collision, both defendants admittedly rear ended the vehicles in front of them.  They claim they are neither negligent nor a proximate cause of injuries to Mr. F who was smashed in between them.

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Deposition of a defense doctor - 3 months and you're cured part 2

Remember my defense medical doctor movie.  Perhaps you thought it was fictitious.  Or at least exaggerated.  Because after all it was writen in a huff.  Directly after the deposition.  Before it was transcribed.

Well, here is the actual transcript.  You be the judge.  What is funnier (more obnoxious): the movie or the real thing.

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Deposition of a defense doctor - the movie

Witnesses who make up crap - make my day.  Especially when they are defense doctors.  This one was so obnoxious that I made a movie in her honor.

Here is the set up.

A guy is careless.  Because of his carelessness, your head strikes an object.  Your neck hyper extends backwards.  You have never gone to the doctor for neck pain.  But after this happens, you have problems right away.  Your neck doesn't only hurt - it radiates pain down your arm and your hand is numb.

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Form of the day: Defense Medical Exam Agreement

Some of the richest doctors no longer practice medicine.  Instead they make up to half a million dollars a year, working for insurance companies.  Their assignment:  examine injured plaintiffs with a jaundiced eye.  Then proclaim they should be cured in 60 to 90 days.  Sometimes a little longer.

About five years ago, there was a mean retired neurosurgeon who said a  mother was paralyzed and in a wheelchair because she made up the injury in her mind.  He called it "hysterical paralysis."   Made for a good defense.  Of course in reality, she's still paralyzed today.  Apparently the hysteria hasn't ended.

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