In every personal injury litigation case –well in advance of Trial– there is an exchange of information referred to as the “discovery period”. During the discovery period, both parties (Plaintiff and Defendant) exchange information/documents in an attempt to obtain evidence and information to support their case in chief. The discovery period happens in every single personal injury litigation case and is critical to establishing liability, causation, and damages. However, on frequent occasion, we, as Plaintiff attorneys, encounter an obstacle called the “Privilege Log”. The Privilege Log is a document filed by a Defendant that allows the Defendant to withhold certain requested document(s)/item(s), but requires disclosure of certain identifying information relating to the document(s)/item(s). Documents/items usually end up on the Privilege Log (and avoid disclosure) because a Defendant asserts an Objection, such as Work-Product Privilege. An example of a frequent item we see included on a Privilege Log include photographs taken by a Defendant in anticipation of litigation (Work-Product Privilege). However, a good attorney is able to review the Privilege Log for sufficiency and, after a fact-specific analysis, determine if a Motion to Compel Documents should be filed. Depending on the facts of each case, in various situations, documents/items disclosed on a Privilege Log end up being produced, usually after a showing of relevancy, need, and lack of reasonable alternatives. As each personal injury case is different, it is important to hire an attorney that is familiar with the case law relating to Privilege Logs, otherwise, relevant, critical information and documents can be withheld.
Maybe – the Court must consider a 4-prong test to determine whether the equities (i.e. fairness) favor keeping your case in a Florida courtroom. This test is commonly referred to among attorneys as the Doctrine of Forum Non Conveniens. The Forum Non Conveniens test is best discussed in the 1996 Florida Supreme Court case of Kinney Sys. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). As is described in Kinney, there is a “strong” presumption against disturbing the Plaintiff’s choice of forum. Therefore, if a Florida Plaintiff files a lawsuit in a Florida courtroom, the burden of proof then shifts to the at-fault Defendant to argue why fairness favors keeping the case in the foreign state/forum. To accomplish this, the at-fault Defendant must satisfy the following 4-prongs:
Smith, Gaskill & Shenkman, P.A., partnered with Operation Hope for their annual “Keeping Dreams Alive” toy drive! The firm was proud to have a collection bin inside of the office and excited to welcome past and present clients, friends, and the community in to drop off their donations. The turn out was wonderful and the firm would like to personally thank everyone who took time out of their busy schedules to stop by and donate to such a worthy cause. Continue reading “Smith, Gaskill & Shenkman, P.A., Collects Toys for Local Charities”
The immediate moments following an accident can be overwhelming and scary. At Smith, Gaskill & Shenkman P.A., we are here to make sure you stay safe, calm, and protected during this vulnerable time. Our personal injury attorneys have put together a list of steps to help guide you after an accident. Your safety and well-being are our top priority, make sure that you are safe and out of danger… then follow the following steps to protect yourself and your rights: Continue reading “Five Important Steps After an Accident”