Second Dismissal Affirmed, Based on the Law-of-the-Case Doctrine

In 2016, attorney Joe Nelson obtained a dismissal of the legal malpractice claims in the North Carolina case of Freedman v. Payne, applying the in pari delicto doctrine. However, four counts remained pending.

Following remand, the Court of Appeals affirmed dismissal of the remaining counts, this time applying the law-of-the-case doctrine, finding that the facts underlying all claims had already been determined in the first decision.

Here is what happened when a hog farmer first had trouble with his farm, then with the law, and pushed the blame onto his defense attorneys.

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2017ís Medicare Conditional Payment Trilogy?
CIGA v. CMS


On May 3, 2017, the United States District Court for the Central District of California declared that CMS’ interpretation of the Medicare Secondary Payer Act as it pertains to demands for conditional payments is unlawful. However, the Court declined to provide injunctive relief to Plaintiff, California Insurance Guarantee Association, prohibiting CMS from continuing to engage in their unlawful conditional payment demand practices, and now the matter has been set for trial later this year.

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Reservation of Rights Letters:
Lack of Specificity Proves Fatal
To CGL Insurer In South Carolina

The Opening Statement For the Defense

Law360.com recently featured the South Carolina Supreme Court ruling in Harleysville Group Insurance v. Heritage Communities, Inc., No. 2013-001291 (South Carolina 2017), as one of the five most important but potentially overlooked insurance rulings in the first quarter of this year. The Harleysville case points out the peril insurers face for issuing general, non-specific reservations of rights letter.

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John C. Conti
jconti@dmclaw.com

As a trial lawyer whose practice has spanned over 35 years, John Conti has come to recognize that a well-crafted opening statement is the cornerstone of success in a courtroom.

Drawing upon lessons from over 175 jury trials, Mr. Conti has written an article describing the development of an opening statement from the unique perspective of the Defendant.

That article, “The Opening Statement for the Defense,” was recently published in California Litigation, the Journal of the Litigation Section for The State Bar of California.

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