Distracted Drivers Are Biggest Threat to Motorcyclists

Photo of motorcycle accidentDistracted driving accidents have become a nationwide epidemic. Due to the small size and limited safety features on most motorcycles, riders can be extremely vulnerable to injury on the road.

Motorcycle riders are in the most danger when a car makes a left-hand turn. More than 40 percent of collisions between cars and motorcycles are caused by cars turning left into the motorcycle’s path.

Staying attentive behind the wheel could save lives. In local news, police are seeking a hit-and-run driver who was responsible for seriously injuring three motorcyclists on Saturday June 28.

According to reports, the first motorcyclist was traveling westbound on Colorado 24 when a motorist turned left onto Crystal Peak, directly into the path of the motorcycle. The 2013 Harley Davidson collided with the black truck, sending both rider and passenger into oncoming traffic.

Another motorcyclist on a 2007 Yamaha was traveling eastbound, and he crashed his bike to avoid hitting the injured riders.

Metier Law Firm, LLC – Motorcycle Accident Attorneys Representing Clients Nationwide

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Can Omega-3 Help Prevent Brain Damage?

Picture of a brain scanSpinal cord injuries (SCI) and traumatic brain injuries (TBI) are dangerous primarily due to secondary swelling which can permanently damage brain and nerve cells. However, a recent study has determined that omega-3 fatty acids may protect the brain from the harmful effects of inflammation.

The Karolinska Institutet in Sweden discovered that EPA and DHA (both fatty acids) demonstrated neuroprotective effects that help protect and regenerate nerve cells. In a TBI victim, the supplements may help preserve brain networks and connectivity, improving the patient’s higher and lower brain functions.

When researchers administered DHA within two hours of a spinal cord injury, the fatty acid improved nerve cell survival, reduced inflammation and decreased oxidative stress. DHA still promoted cell survival and function even when administered before the injury.

Omega-3 fatty acids naturally produce “resolvins,” classified as such because they “resolve” inflammation in the brain. The particles help reduce the risk of cognitive impairment after a surgery or critical illness.

Researchers believe these compounds can also promote healing and tissue regeneration. If the findings are consistent in later trials, fatty acids may prove crucial to treating TBI and SCI victims in the future.


Metier Law Firm, LLC – Injury Attorneys Serving Clients Nationwide

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Is eDiscovery Able to Facilitate Interrogatories and Disclosures?

In the United States District Court for the Eastern District of Pennsylvania, the court looked at whether eDiscovery facilitated interrogatories as they pertain to early fact disclosure. In re: Domestic Drywall Antitrust Litig., MDL No. 2437, 2014 WL 1909260 (E.D. Pa. may 12, 2014) (Baylson, J.).

Defendants moved to compel Plaintiffs to respond to two interrogatories that sought identification of the products, alleged conspirer, and the acts and omissions taken in furtherance of the conspiracy. Plaintiffs objected on the grounds that the interrogatories were premature, which meant that they should not have to answer with detailed factual evidence.

Judge Baylson ultimately disagreed with the prematurity of the interrogatories, citing: 1. How frequent exchange of information benefits fair discovery; 2. How information exchange facilitates the evaluation of the strengths and weakness of a case; and 3. How ESI tools enable parties to use search terms and other methods to quickly identify relevant information.

Judge Baylson further stated that, “Ignoring the capabilities which ESI allows the parties to search for and produce factual information in a case of this nature is like pretending businesses still communicate by smoke signals.”


ILS – Plaintiff eDiscovery Experts

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Drunk Boaters Inadvertently Cause Airport Security Scare

Photo of boat accidentA fishing boat entered the restricted water near New York’s La Guardia Airport and struck a light pole on one of the runway extensions. The Port Authority Police Department could see the stranded craft on surveillance cameras, but could not respond because their patrol boats had been docked for the night.

The NYPD Harbor Unit was sent to investigate, but took almost half an hour to reach the marooned boat, where they found the 51-year-old captain and his two passengers extraordinarily drunk.

The craft itself was impaled on a light pole. The three irresponsible boaters suffered minor injuries but were basically unscathed. The ship’s captain was arrested and charged with boating under the influence.

Alcohol abuse remains the leading cause of boating accidents, accounting for hundreds of injuries and deaths each year.

Drinking and boating is a lethal combination. Alcohol slows reaction time and clouds concentration, and can create serious problems with vision, balance and coordination

Avoid alcohol while driving your boat: you need to be alert and sober to respond adequately to other vessels, water and weather conditions, as well as other important markers. Additionally, a boat operator needs balance and coordination to steer the vessel effectively.


Latti & Anderson LLP – Maritime lawyers for nationwide offshore accidents

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Is Video Surveillance a Form of ESI That Warrants Delayed Production?

In Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014), the court was presented with the difficult question of if and when video surveillance should warrant delayed production.

Plaintiff was injured as a result of a slip and fall in a Target Store. Plaintiff in requested that Defendant produce a copy of the video that would show where Plaintiff fell or the area that Plaintiff fell in.

Defendant initially sought to protect the video as work product, but the court found that the video tapes were made in the ordinary course of business, and not protected work product. Defendant alternatively sought to request that the court delay production of the surveillance videos until after Plaintiff’s deposition was completed.

The court, considering conflicting views, refused to delay disclosure of the surveillance videos. The court iterated that the video was being used as substantive evidence, which supported it not being delayed, as opposed to it being used as conjunctive means of recollection.


ILS – Plaintiff eDiscovery Experts

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Telemedicine Offers Promising Results

While many major hospitals have an onsite ophthalmologist to check premature infants for potentially devastating eye injuries, many hospitals in more rural or remote areas do not have the same resources. As a result, treatable conditions like retinopathy of prematurity can lead to permanent blindness of the staff does not know how to recognize and treat the condition.

Fortunately, a new form of technology has emerged that should help these facilities respond to and treat such conditions. Telemedicine involves taking digital readings of infant’s eyes, sending them to an offsite medical center and getting instant feedback about potential health dangers. The technology “could help save thousands of infants from going blind,” one of the researchers said.


Shapiro Law Group – Bringing Awareness About Retinopathy of Prematurity

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Does Video Surveillance Fall into the Category of Discoverable ESI or Privileged Work-Product?

A complex question in the realm of eDiscovery looks towards whether video surveillance, as ESI, can be considered protected work product. The court took up the issue in Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014).

Plaintiff alleged injuries resulting from a slip and fall in a Target Store. When Plaintiff submitted a routine discovery request seeking production of the video, Defendant sought to protect the video as work product.

There seems to be no consensus among courts as to whether surveillance videos are prepared in anticipation of litigation and therefore subject to protection as work product. However, in Schulte v. NCL (Bahamas) Ltd., No. 10-23265-CIV, 2011 WL 256542 (S.D. Fla. Jan. 25, 2011), the court concluded that surveillance video of a slip and fall accident aboard a cruise ship was not protected work product even though it was copied and preserved at the request of counsel for the cruise line.

The Court here concluded that the mere act of preserving a tape, as opposed to creating an original, is not sufficient to transform a document created in the ordinary course of business into work product that is protected from disclosure.

ILS – Plaintiff eDiscovery Experts

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Is Hyperbaric Oxygen Therapy the New Treatment for Brain Injuries?

Hyperbaric Oxygen Therapy has shown promising results as a new method of treating traumatic brain injury. Currently approved only to treat divers with decompression sickness, oxygen therapy is used to flood the brain with oxygen and promote healing and healthy brain function. At this point, the evidence supporting the practice remains largely anecdotal, with few actual studies to back it up.

The U.S Department of Defense has decided to test these anecdotes with a study, hoping to determine if hyperbaric oxygen therapy is really the next evolution in treating traumatic brain injury. The study was broken into three groups: the first received increased air pressure and oxygen, the second received increased air pressure and no oxygen and the third received no air pressure and no oxygen.

All groups showed signs of improvement, but not at sufficiently different rates. The results could not conclusively state that the hyperbaric oxygen treatment was the reason for the improvement among the subjects. The researchers stated that taking a break from military duty, and recovering in a calm, nurturing environment, could also be a contributing factor.

In the scientific community, one study is hardly enough to be conclusive. This is a relatively new and experimental treatment. Until a more definitive study is produced, the benefits of hyperbaric oxygen therapy remain largely theoretical.

Sponsored by Metier Law Firm of Fort Collins, CO

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Unlicensed Teen Driver Kills Motorcyclist

A 52-year-old motorcyclist was killed when an unlicensed teen driver lost control of her car and swerved into oncoming traffic. The young teen was allegedly intoxicated and driving at a high speed when she and four friends collided head on with a motorcyclist on Highway 2. The motorcyclist died on impact, and three passengers in the car were also seriously injured.

The teen only had a learner’s permit when the accident occurred, and was violating multiple laws meant to protect younger drivers. Even with a full license, teens need an adult in the car to drive with another person under 21 for the first six months. Even after that period, only one other teen is allowed to ride along, and the driver still needs an adult present.

While laws limiting the number of passengers may seem extreme, they are actually meant to protect the driver of the car, as well as other drivers on the road. Inexperienced drivers are dangerous enough, but when you add in alcohol and the distraction of multiple other passengers, the consequences can be tragic.

Sponsored by Metier Law Firm of Fort Collins, CO

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Looking for Case Law on Native File Formatting?

Sekisui Am. Corp. v. Hart[1] (Hon. Shira A. Scheindlin stated metadata in native formatting has significant value as part of electronically stored information (ESI) in dicta.)

Aguilar v. Immigration & Customs Enforcement Div.[2] (The court noted load files complete with metadata is proper in eDiscovery.)

In Re Priceline.com Inc. Sec. Litig.[3] (Court ordered the production tendered in TIFF format with metadata included in a database that is searchable.)

S2 Automation LLC v. Micron Tech., Inc.[4] (Judge ordered production in native file format or in the format requested.)

Keaton v. Hannum[5] (Judge explained that email communications from Gmail are easily downloaded to Outlook to save as an .eml or .msg files for productions.)

EEOC v. SVT, LLC d/b/a Ultra Foods[6](Defendant disregarded the parties’ agreement for ESI production to include load files, the plaintiff computer forensics expert had to review the deficiencies with the defense to comply with the agreement on native files.)

ILS – Plaintiff eDiscovery Experts

[1] 945 F. Supp. 2d 494 (S.D.N.Y. 2013).
[2] 255 F.R.D. 350 (S.D.N.Y. 2008).
[3] 233 F.R.D. 88 (D. Conn. 2005).
[4] 11 Civ. 884(D.N.M. Aug. 9, 2012).
[5] 12 Civ. 641 (S.D. Ind. April 29, 2013).
[6] Cause No. 2:13-CV-245-RLM-PRC (N.D. Ind. April 10, 2014).

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