Mark R. Osherow's Answers

What information about our expert witness has to be disclosed to the opposing party?

Florida Rule of Civil procedure 1.280, provides in part, as follows: (4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A)(i)By interrogatories a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial...

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NY- "Order to show cause" hearings

Generally, an order to show cause, is a court order requiring a party to litigation to "show cause" before the court at a particular time and date, why the court should or should not take a specific action. Usually, because a party is entitled to due process, the order to show cause is a mechanism the court can use if it intends to take a particular action against a party (due to its/his/her prior failure, for instance, to comply with a prior court order). However, because of due process...

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FL personal injury law, criminal liability for auto accident

If you were responsible for causing the accident (i.e., you were negligent), a judgment could be obtained against you for the damages sustained. However, you cannot be placed in prison simply because you are unable to satisfy a judgment. Generally, under current law, the insurance company has an obligation to equitably pay the various injury claims. Failure to do so could expose the insurer to additional liability. The laws can be complex and the application of the law to the specific facts of...

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Do contingent fees count as "attorney fees" when getting awarded attorney fees by the judge?

This is a hypothetical; otherwise, I'd suggest this is something you need to discuss with your attorney. This is a difficult question to answer without specifics as to the rules and ethical requirements in your jurisdiction. it may also depend on the written retainer agreement. In some jurisdictions the attorney will be entitled to the contingency fee on the amount of the award plus the fees recovered, but does not get the contingency fee plus the fee recovered. I have not heard of any...

WHAT IS SUGGESTION OF BANKRUPTCY, HOW TO FILE IT?

You can go to the clerk of the court where the foreclosure action is pending and file a document entitled Suggestion of Bankruptcy in which you (under the caption of the case with the foreclosure case number) simply advise the counsel/parties in that case that you filed chapter 7 bankruptcy, with the date of filing and the case number for your bankruptcy case. The filing will stay other actions under United States Bankruptcy Code Section 362, and will usually include the foreclosure action....

Can we file this action in federal court?

Federal court jurisdiction can be based upon federal question jurisdiction or diversity of citizenship. To acquire federal court jurisdiction, based upon diversity jurisdiction, there must be compete diversity between the plaintiffs and the defendants. The amount in controversy must also exceed $75,000. There are many considerations beyond these that need to be addressed which are beyond the scope of this answer and the limited information provided.

Appealing a ruling

Generally, an appeal must be filed within 30 days of what is known as the rendition of a judgment. Accordingly, after 11 years it is generally too late to file an appeal. Possibly, an appeal could be filed if the original judgment was the result of fraud. If that was the case (not suggested in your submission), you should seek the opinion of counsel as to the specific fact of your situation.

Foreclosure

Generally, a lis pendens gives notice of an action pending that may affect title to the property or involves a claim to the property. Whether or not set forth in the deed, these are clouds on clear title that generally need to be resolved prior to transfer of property (unless agreed otherwise). They cannot, if listed in a deed, be taken off of the deed, unless the litigation to which the lis pendens relates is resolved.