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Independent Medical Examination Tactics – #5

Circumference Differential – No, this is not a mathematics exercise. When someone is complaining that they have great pain in an “extremity” (arms being upper extremities and legs being lower extremities), the IME doctor will often measure places on both the allegedly affected leg or arm and the corresponding leg … Read more

Many Miss Their Chance to Correct Deposition Testimony

Many times court rules allow witnesses who have given sworn deposition testimony the right to review and make changes to their answers. Changes in spelling and other minor things of that nature are one type of correction. Additions to answers or even substantive changes (things that are important) can also … Read more

Courtroom Malapropism

Time for a little legal humor – I’ve told this one before but it bears repeating (not using real names out of consideration for others). … Read more

Compensation of Witnesses

The Rules of Professional Conduct and some laws or statutes (such as Title 18, Section 2001 of the United States Code – 18 U.S.C. 2001) make it impermissible to pay, offer to pay, or knowingly acquiesce in the payment of compensation to a witness when that payment or potential payment … Read more

Insurance Law – Difference Between Non-Waiver Agreement and Reservations of Rights

Insurance companies sometimes ask insureds who are making claims for “non-waiver” agreements. These supposedly “protect everyone’s rights” and some claim representatives tell insureds that these agreements are “required” even though policies (the contract between the company and the insured) do not require them at all.

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