week1 tort and remedies
Discussion Catechism 1: Jane Lou Case: Who Is Liable?
The afterward altercation catechism addresses ethical rules apropos applicant confidentiality. After reviewing assigned advance abstracts and administering abrupt analysis on any pertinent laws, including accompaniment bar rules of able conduct and antidotal cases in your jurisdiction, acknowledgment the afterward altercation question.
You assignment for a aloft law close apery a acclaimed entertainer, Jane Lou. Her aloft admirer who has taken nude photos of her wants to broadcast them in a tabloid. Lou has retained your close to represent her in a case to anticipate the abridged from publishing the photos. She brings copies of the photos to the firm. Your advocate gives them to you and asks you to book them. As you glance through the photos above-mentioned to filing them away, you are alleged out of your appointment on an burning matter. In your hurry, you leave the photos in an envelope on your board intending to book them abroad later. When you arise aback to your office, the photos are gone. They arise in accession abridged the abutting day. Lou is now suing your firm, your attorney, and you for malpractice.
Based on the aloft information, acknowledgment the afterward questions:
Identify who is accountable and what causes of activity Lou may accept adjoin you, your attorney, and the firm.
In addition, appraise any defenses that may be available.
Discussion Catechism 2: Torts and Medical Malpractice
Research medical abuse laws in your accompaniment and acknowledgment the afterward questions:
How is medical abuse authentic in your state? Give an archetype of a contempo case from your state.
What is the statute of limitations for medical abuse claims?
Does your accompaniment absolute damages? Are castigating amercement allowed?
What limits, if any, are there on attorney's fees?
Are there appropriate restrictions on able attestant affidavit for medical malpractice?
Are the parties appropriate to abide to another altercation resolution (ADR) afore a audition is scheduled?
Do you anticipate afflicted defendants should be appropriate to abide to ADR? Why or why not?
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