Recent Posts

Mediation – The Plaintiff’s Perspective

MEDIATION – THE PLAINTIFFS PERSPECTIVE PRODUCT LIABILITY: A Road Map to Mediation or trial March 11, 2006 New Jersey Law Center New Brunswick NJ Institute for Continuing Legal Education Seminar Presented by: Andrew J. Rossetti Rossetti & DeVoto P.C Preparing your client for mediation How is (s)he to dress? No body piercing, wild cloths etc. visual impressions last. Firstly, make sure they know the verdict ranges and settlement ranges. Secondly, make sure they know the costs involved in taking the case to trial. Then, stress this is a benefit to him/her, it is better than being sent into the hall… Read More

Selecting a Winning Jury

Selecting a Winning Jury Personal Injury Case Management for the Seasoned Litigator Presented by: Andrew J. Rossetti, Esquire Presented for: National Business Institute Cherry Hill, New Jersey November 29, 2007 I. Voir Dire in New Jersey? Despite the importance in selecting fair and unbiased jurors, that is, a winning jury, to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance. In fact, as of January 22, 2007, Superior Court judges are required to employ the New Jersey Supreme Court’s “standards for jury selection.” Furthermore, the standards are taken from recommendations… Read More

Preparing and Using Demonstrative Evidence

PREPARING AND USING DEMONSTRATIVE EVIDENCE Essential Elements of Evidence March 3, 2007 Presented by: Andrew J. Rossetti, Esquire “What the ear may hear, the eye can see.” Dehanes v. Rothman, 158 NL 90,96 (1999). I. INTRODUCTION TO DEMONSTRATIVE EVIDENCE In fact, demonstrative exhibits and aids provide the means “[t]o clarify, to dramatize and to emphasize” critical evidence in a case. Mary Quinn Cooper, The Use of Demonstrative Exhibits At Trial, 34 TULSA L.J. 567 (1999) (quoting Celia W. Childress, Persuasive Delivery In the Courtroom 619 (1995)). While not always offered into evidence, such visual presentations usually include maps, models, charts,… Read More

Analyzing a Medical Negligence Claim

Read the article about analyzing a medical negligence claim written by Andrew J. Rossetti and John Kirby. ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 March 22, 2002 INITIAL PHONE CALL Damages, Damages,… Read More

Health Maintenance Organizations

Read this short paper written by Louis J. DeVoto about health maintenance organizations. Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HEALTH MAINTENANCE ORGANIZATIONS While the first pre-paid health plan dates back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue… Read More

When Can Employees Be Interviewed Ex Parte?

Read the paper about Ex Parte written by Louis J. DeVoto. “When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993 Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager? Or, a low level employee at a store where the plaintiff was injured? Does it matter if the interview is conducted before or after the suit is filed? Does a representative of the defendant or its carrier have a right to be present? This brief article will set forth why ex parte interviews with certain types of employees are permitted,… Read More

The Wrongful Death Act

Read more about the wrongful death act written by Andrew J. Rossetti. The Wrongful Death Act Andrew J. Rossetti March 1999 I. WRONGFUL DEATH LAW 1. When action lies Death caused by the wrongful act of another where pecuniary losses are sustained. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued… Read More

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

Read more about golf course accidents and injuries in this paper written by Louis J. DeVoto. The University of Toledo Law Review Volume 24; Summer 1993; Number 4 “Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course” Louis J. DeVoto* I. INTRODUCTION “Golf is one of the more popular pastimes in this country.” The popularity of the sport has increased tremendously in recent years and now thousands of people are having golf lessons in los angeles as well as other cities. As play on the golf course has increased, so have golf-related… Read More

The Daubert Analysis

Learn more about the Daubert analysis from this paper written by Andrew J. Rossetti. THE DAUBERT ANALYSIS Andrew J. Rossetti, Esquire 12/15/99 I. THE FEDERAL STANDARD OF ADMISSIBILITY A) FRE 702. TESTIMONY BY EXPERTS. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. “The sole justification and purpose of expert testimony is to assist the trier of fact to… Read More

Medical Chart Falsification

Read a short seminar written by Louis J. DeVoto about medical chart falsification and what to do when it happens. MEDICAL CHART FALSIFICATION- HOW CAN YOU STOP THE FRAUD? By: Louis J. DeVoto, Esq. September 17, 1999 I. INTRODUCTION The National Head Injury Foundation estimates that approximately two million Americans will suffer a traumatic brain injury every year.1 Mild head injury accounts for 75% or more of those brain injuries.2 Data from many studies suggest that the most frequent exposure associated with brain injury is transport, i.e., automobiles, trucks, bicycles, motorcycles and watercraft.3 4 5 Unfortunately, persons surviving mild… Read More

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Recent Posts

Mediation – The Plaintiff’s Perspective

Selecting a Winning Jury

Preparing and Using Demonstrative Evidence

Analyzing a Medical Negligence Claim

Health Maintenance Organizations

When Can Employees Be Interviewed Ex Parte?

The Wrongful Death Act

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

The Daubert Analysis

Medical Chart Falsification

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