In what may become a landmark decision, the 11th Circuit recently took the opportunity presented by a case involving “judge-created” Florida maritime law to roundly criticize medical billing practices in connection with litigation. In August 2020, the 11th Circuit decided the case of Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295, 1308 (11th Cir. 2020).
Federal Rule 26(a)(2) is familiar to many litigators as the rule governing expert witness disclosures. The rule has two important subparts: Rule 26(a)(2)(B) (the “classic” expert witness disclosure rule), and Rule 26(a)(2)(C) (the “abrogated” expert witness disclosure rule).
Increasingly, a cause of automobile accidents is a driver’s use of a cellphone. While this has been a major problem for many years, the Georgia legislature recently attempted to minimize a driver’s use of a cellphone by passing a new law – O.C.G.A. § 40-6-241.
A common, but mistaken, belief is that the investigation of a serious wreck will be adequately handled by the police or their insurer. However, police resources are often stretched very thin. Even when police have sufficient time and resources to investigate an accident, they may not have adequate training to identify subtle evidence or make complex calculations to figure out what happened.
