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Author: Paul Luvera

Luvera practiced plaintiff law 55 years. He is past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member ABOTA, American College of Trial Lawyers, International Academy, International Society of Barristers and the American Trial Lawyers Hall of Fame. Book Luvera on Advocacy available at Trial Guides Publishing Email paul@luvera.org
THE RIGHT TO A CONSTITUTIONAL JURY WHEN ALLOWING JURORS WITH ACTUAL BIAS TO SERVE ON THE JURY

THE RIGHT TO A CONSTITUTIONAL JURY WHEN ALLOWING JURORS WITH ACTUAL BIAS TO SERVE ON THE JURY

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I published an article in the May 2019 edition of NW Lawyer, our state bar publication, about our statutes which allow a juror with actual bias to serve on the jury. The title is “Washington Law On Jury Challenges for Bias Undermines Litigants Constitutional Right to An Impartial Jury.” The article can be read at http://nwlawyer.wsba.org/nwlawyer/may_2019?pg=34#pg34 Many states have similar provisions to Washington in that regard. Our statute, RCW 4.44.190 says: “A challenge for actual bias may be taken for…

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DEALING WITH THE “MEDICAL JUDGMENT” DEFENSE

DEALING WITH THE “MEDICAL JUDGMENT” DEFENSE

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The majority of states have a law like Washington’s regarding the issue of exercise of medical judgment. Our law provides (WP 1 05.08) : “A physician is not liable for selecting one of two or more alternative courses of treatment, if in arriving at the judgment to follow a particular course of treatment, the physician exercised reasonable care and skill within the standard of care the physician was obligated to follow.”                         Preventing or Minimizing Risk of Serious Medical Complications agree…

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PERPETUATION DEPOSITION OF DYING CLIENT

PERPETUATION DEPOSITION OF DYING CLIENT

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In cases where the client may not survive to trial it may be necessary to perpetuate their testimony. How this is handled depends almost entirely on the circumstances involving the client and the general style  or approach of the lawyer. Having some limited experience with perpetuation depositions of dying clients in cases like  mesothelioma cases and like cases I have some ideas. The video setting is very important. The first issue is the camera position and what is being filmed….

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