Articles Posted in appellate court

1josh-approved-1-212x300by HWC Managing Partner Josh Wright

Post-COVID verdict averages in personal injury claims are up close to 50% from that of pre-COVID verdicts, according to recent statistics.¹ Verdicts in 2022 alone for Alabama injury victims have topped $97,000,000 in cases involving a wide array of wrongful conduct, including contract disputes, auto, medical malpractice, co-employee, fraud, discrimination, and uninsured motorists. See some of those recent verdicts below (based on lawyer-disclosed data):

Juries appear to listen carefully, consider all the evidence and thoroughly asses josh-graphic-1-copy-192x300fundamental fairness in cases post-COVID. Insurance companies are also getting the message that juries are ready and willing to put aside politics and division in a courtroom, and award fair results in legitimate and real injury cases. Our firm alone has resolved (both at trial and pre-trial), a substantial number of lawsuits for unprecedented money in the last 12 months, which in no small part is because insurance companies have heard the message and listened to recent jury verdicts across the Country.

IMG_3255-200x300by HWC Partner Carter Clay

Prior to any trial, the attorneys will assess the need to file motions in limine to try to keep out damaging or prejudicial testimony and evidence. Typically, the court will hold a hearing on these motions before commencing the trial and will issue rulings on most, if not all, of the motions. When the court rules adversely to a party, the lawyer must ask himself or herself whether the ruling is sufficient to preserve the issue for appeal. The answer to this question is often “no,” but it depends on whether the court expressly and unequivocally indicated that the party does not need to make another objection during the trial itself.

Alabama Rule of Evidence 103 and applicable case law make it clear that in order to preserve an evidentiary issue for “post judgment and appellate review,” a party must object in a timely manner to the admissibility of the evidence during trial. Ala. R. Evid. 103. Rule 103 states, in pertinent part, that:

IMG_3255-200x300by HWC Partner Carter Clay


Any attorney representing injured and wrongful death victims in complex litigation matters has likely encountered a Rule 26 expert disclosure in which the corporate defendant discloses an in-house employee to give expert opinions related to the case. Perhaps, the corporate defendant disclosed an in-house engineer, an architect, or maybe a medical expert. Oftentimes, we just assume that a corporate defendant, under all circumstances, has the unconditional right to have privileged attorney-client communications with these in-house employees. However, when a corporate defendant uses an in-house employee to serve as an expert witness in litigation, does the corporate defendant run the risk of waiving the attorney-client privilege? Yes, it seems so.

Don’t make the mistake of simply concluding that the disclosing corporation can maintain the attorney-client privilege. The disclosing corporation should not be allowed to use the in-house employee as an expert witness sword while at the same time protecting (shield) that in-house employee from full and complete disclosure of all materials “considered” by them in forming the opinions. Initially, a privilege log should be insisted upon pursuant to Rule 26(b)(6) of the Alabama Rules of Civil Procedure.

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