Bryner v. Cardon Outreach, LLC - Hospital Liens Were Already Difficult to Resolve, and Now This
The Utah Supreme Court recently issued Bryner v. Cardon Outreach, LLC, 2018 UT 52 (September 24, 2018). Without arguing the merits of the decision, or whether the Utah Supreme Court got it right, I focus here on the practical impact this case may have moving forward. Further, I suggest a legislative solution is necessary to remedy the ruling and its effect on personal injury litigation in Utah. Hospital liens have always been a source of difficulty when settling personal in
Expert Report or Expert Deposition -- You Don't Get Both
As you near the end of fact discovery, your Utah defense counsel has likely explained that you need to "elect" whether to take an expert's deposition or whether you want a written report from that expert. If you handle claims in other states, this "election" process likely sounds odd and you're forced to ask why can't we get both? The fact is, you get one or the other, but not both. Utah's expert discovery rules are unique, perhaps the most unique of all 50 states. Several
What Expert Communications are Protected Before the Lawsuit is Filed
I'm often asked whether communications with expert witnesses, before a lawsuit is filed, are protected. A corollary to this question is whether to obtain a written report from the expert or a verbal report. Also, is the report (written or verbal) subject to production in the subsequent lawsuit. Our claim customers deal with different states, each of which have unique rules and procedures for dealing with these sensitive communications. The concern often raised is that thes
IDAHO LAW HIGHLIGHTS
General Discovery: Complaint must be served within six (6) months after filing; 20 days to file answer after service unless extension granted by party or court; Rule 35 examinations are allowed for good cause. No limit on the number of IMEs in any given case; Admissions can be deemed admitted after motion filed; Defense counsel may conduct ex parte interviews of treating physicians – although this is discouraged by this office. No Initial Disclosures; Written discovery large
Evaluating and Defending Traumatic Brain Injury Cases
Traumatic Brain Injury cases take many different forms. They range from a simple concussive episode to the severely impaired, traumatic brain injured patient. When evaluating or defending these cases, you first have to know where, on this spectrum, your case falls. But first, a plug. If you're assigned a "brain injury" file, please reach out to Burt & Payne, P.C. If you have specific questions about your case or just want to chat about how best to understand and then def
Rodriguez v. Kroger -- A New Paradigm?
In June, 2018 our Utah Supreme Court added a degree of difficulty to our premises liability analysis. The Court took on the landowner's duty to keep his premises safe to business invitees, commonly referred to as the "nondelegable duty" doctrine. More nuanced, future decisions will have to refine the Court's ruling on this matter but this was a significant development in Utah Premises Liability Law. On June 12, 2018 the Utah Supreme Court issued its ruling in Rodriguez v. K
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