James Durstein Wins Federal Court Order on CME Conditions
In Florida, there are multiple reasons for removing bodily injury damages cases from state court to federal court. One is that the law on getting compulsory medical examinations is more favorable to the defense in federal court.
In state court, Florida law allows plaintiffs to condition compulsory medical examinations on videographers, court reporters, and plaintiffs' attorneys being allowed to attend. In federal court, plaintiffs must show "good cause" before such outsiders are allowed to attend compulsory medical examinations.
On August 22, 2019, James Durstein won a federal court order denying a plaintiff's motion to bring his attorney or a videographer to the examination. James opposed the motion. The court ruled that "good cause" requires the plaintiff to show "a special circumstance" warranting the presence of a third party at the examination. The court ruled that, in this case, the plaintiff failed to make any such showing. If you would like a copy of the order, please call James or send him an email.
904-346-3166 ext 3034
Brian Guter and James Durstein frequently remove lawsuits to federal court, oppose motions to remand to state court, and litigate cases in federal court. If you have any questions about the advantages of federal court over state court in bodily injury damages cases in northeast Florida, contact James or Brian.
904-346-3166 ext 3026
AREAS OF PRACTICE
- Bad faith and extra-contractual damages
- Commercial disputes
- Construction disputes and defects
- False claims
- Insurance fraud
- Insurance and coverage issues
- Motor vehicle accidents
- Negligence claims
- Premises liability
- Products liability
- Professional liability
- SIU investigations
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