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ATLA Top 100


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American Society of Legal Advocates - Top 100 - 2014


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AVVO Clients' Choice Personal Injury Lawyer


American Society of Legal Advocates - Top 100 - 2013
American Society of Legal Advocates - Top 100 - 2013



Archived News Items - Table of Contents

Burlington Northern & Santa Fe Ry. Co. v. U.S. Dist. Court

Personal Injury News Items


Boilerplate Discovery Responses may be Dangerous in the 9th Circuit

In the recent case of Burlington Northern & Santa Fe Railway Company v. United States District Court for the District of Montana, 408 F.3d 1142 (9th Cir. 2005) the Ninth Circuit tried to "chart a middle road through the wide spectrum of caselaw regulating discovery." The court's conclusions were somewhat more extreme however as the court stated: "We hold that boilerplate objections for blanket refusals inserted into a response to a Rule 34 request for production of documents are insufficient to assert a privilege. However, we also reject a per se waiver rule that deems a privilege waived if a privilege log is not produced within Rule 34's 30-day time limit." The court directed the district courts to make case-by-case "analysis" of the privilege waiver question, and to consider a number of relevant factors before ruling.


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Accident Lawyer Hawaii

Law Office of
William H. Lawson

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813


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(808) 524-5300


Pearl City, Aiea and Waipahu:
(808) 671-7600


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(808) 528-2525


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Recent Personal Injury and Car Accident News


In the case of Tracey v. Solesky, 427 Md. 627, 50 A.3d 1075 (Md., 2012), the Court of Appeals of Maryland held that pit bull owners and harborers have strict liability for attacks on humans by their dogs. Massachusettes had previously established a similar policy. Cute pit bulls? Not hardly. Historically the dogs were bred to be weapons. They regularly maim and kill. Some courts are finally holding that owners and harborers of this particular breed are required to compensate their victims when their pit bulls wrongfully injure or kill - without the traditional "one free bite".










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