Advertisement Boycott of Israeli goods rejected by Council Another starting date for Castleconnell works Email Facebook Print NewsLimerick Council wants St John’s emergency department reopenedBy Alan Jacques – January 19, 2018 3144 IT is time to reopen the emergency department at St John’s Hospital to service Limerick inner city.That’s according to Fianna Fail councillor Kieran O’Hanlon who was speaking on the health crisis at this month’s Metropolitan District meeting in City Hall. The former mayor called for emergency department services at St John’s Hospital to be made available to the people of Limerick “24/7”.“University Hospital Limerick cannot cope with the numbers going in there. St John’s was always an excellent hospital and needs to be made available,” Cllr O’Hanlon told the council executive this Monday.Sign up for the weekly Limerick Post newsletter Sign Up “There has to be accountability locally for the running of hospitals. The closing of Barrington’s and St John’s for emergency cases was a tragedy in my opinion.”Solidarity councillor Cian Prendiville had a notice of motion before the Council calling them to write to Health Minister Simon Harris TD, urging him to re-open 1,500 beds cut from hospitals over the last decade. The City North representative believes the health crisis, “while an emergency, is no accident”.“This is a solvable crisis that did not fall out of the sky. If a crisis continues too long it is not a crisis, it is a policy. This is a policy to drive down public health services. What we need is a fundamentally democratic health service,” Cllr Prendiville said.Fine Gael councillor Michael Hourigan claimed the government were throwing money at the problem and said that A&E issue has been an issue “as long as I’m around”.“There is no doubt about the commitment of the Minister to resolve this. The will is there. It is not for the want of money or investment,” he told councillors.Sinn Fein councillor Séighin Ó Ceallaigh suggested that Mary Harney, the new chancellor of University of Limerick and former Health Minister, be invited to City Hall to explain why “she failed to do anything”.“It is the same attitude towards health. The private sector is well looked after,” Cllr O’Ceallaigh commented.Independent councillor John Gilligan pointed out that not a single person is on a trolley at Blackrock Clinic. “If you can afford healthcare”, he told council members, “You’ll get it”.“Nothing will change while we continue to prop that up. They are playing with people’s lives and that’s wrong. Our health system has been politicised.“How can you cut off a third of the system and expect things to be better? But they did do something, they changed the name of the Regional to UL Hospital,” he stated.by Alan [email protected] Twitter RELATED ARTICLESMORE FROM AUTHOR O’Connell Street rejuvenation plan hit by delays TAGSCllr Cian PrendivilleCllr John GilliganCllr Kieran O’HanlonCllr Michael HouriganCllr Séighin Ó CeallaighFianna FáilFine GaelHealth Minister Simon HarrislimerickLimerick City and County CouncilLimerick Metropolitan DistrictSinn FeinSolidarityst johns hospital WhatsApp Alleyway to be closed due to anti-social behaviour Previous articleParticipation in Limerick’s RDS science fair reaches record highNext articleArt arrives at Limerick. Alan Jacqueshttp://www.limerickpost.ie Council to look at reasons behind city business closures Linkedin Sinn Féin’s Séighin Ó Ceallaigh raises Incinerator with EPA
Share Save Demand Propels Home Prices Upward 2 days ago Previous: The Week Ahead: Where Investors Should be Looking Next: Two Firms Merge to Form Diaz Anselmo Lindberg, P.A. Foreclosure Law Legal Trial 2020-01-03 Seth Welborn January 3, 2020 2,248 Views Print This Post The Week Ahead: Nearing the Forbearance Exit 2 days ago About Author: Curtis Wilson Data Provider Black Knight to Acquire Top of Mind 2 days ago About Author: Jane E. Bond Curtis Wilson is an experienced litigator at McCalla Raymer Leibert Pierce handling mortgage servicing trials throughout Florida in both Federal and State Courts. He is excellent in working with witnesses on trial preparation and enjoys being in the courtroom. Benjamin Franklin was once quoted as saying, “By failing to prepare, you are preparing to fail.” This is especially true when applied to litigated trials. A trial is the culmination of every aspect of a default lawsuit, from pleadings to discovery to testimony, each stage of the litigation is important to the trial outcome. Who is the most important participant at the trial? Many people would opine that the judge or the attorneys have the most impact; however, the witness is usually the key to whether trial ends in success or failure.In a mortgage default scenario, most of our trials are decided by a judge, not a jury. Many times, the only witness at the trial is the witness from the mortgage servicer. The witness testimony is imperative to lay the foundation for admitting evidence and proving the case. As such, witness preparation for a trial could be considered the most necessary and important step to ensure the case is properly presented. There are several steps a witness can take to be well prepared to give testimony.Review the PleadingsTo have the best opportunity for success, the preparation for trial should begin by reviewing the case from the very beginning. It is important, given the amount of pre-complaint conditions and pleading standards required in a default case, that the witness be familiar with the grounds pled in the complaint. These generally include the default date, the standard of standing employed, and may also include statements regarding loan modifications or conditions precedent. The statements in the complaint frame the case, and it is very common that opposing parties utilize the complaint to organize their questions and determine their trial strategy. At nearly every deposition, opposing counsel will question the witnesses directly from the complaint, as an easy way to determine the witness’ level of knowledge of the case. As such, understanding the basic framework of the case, as set forth in the complaint, can organize the testimony and enhance the testimonial credibility.After review of the complaint, it is important to understand the opposing parties’ position, and a review of the answer and defenses can be very helpful in determining what issues the witness may be required to testify. It should be noted that, by the time a witness is selected and trial is set, the attorney should have narrowed the arguments in the case to as few issues as possible. In reviewing the answer and related orders, it is important to confirm whether any defenses were stricken and whether summary judgment has been entered as to any of the issues. It should always be the attorney’s goal to have as few outstanding arguments at trial as possible in order to limit the material a witness needs to be prepared for testimony.Motions to Strike and Summary Judgments regularly can reduce what would be a 10 affirmative defense answer to one or two specific arguments.Review the DiscoveryIn addition to reviewing the pleadings, a review of the discovery is also highly recommended. Any answers given in response to discovery can limit the testimony available to a witness at trial. If an interrogatory gives an answer, or a response to a request for admissions admits or denies a fact, the witness testimony is limited by those responses and should not controvert those discovery responses. Likewise, a party is generally limited to utilizing the documents at trial that is provided in response to a Request for Production. If a response to a production request denies a specific document exist, or objects to the production, a strong argument can be made that the document cannot be used at the trial. Review of the discovery is needed in regards to deposition testimony. If a witness or other corporate representative from a party has given deposition testimony, it is imperative the witness be aware of and reviews the testimony to ensure consistency between the answers. Inconsistency between testimony at deposition and testimony at trial may be fatal to witness credibility, and even to the case in its entirety.Hold an Attorney-Witness MeetingThe attorney and the witness are a team at trial, and the closer they can coordinate and work together, the higher the chance of a successful outcome. It is for this reason a trial preparation call or meeting between the witness and attorney is necessary, and advisably as early in the preparation process as possible. In order to have the most effective witness preparation meeting, the witness should review the pleadings and discovery, and the attorney should provide the witness with all expected exhibits and an outline or summary of the case.An effective outline of the case should include information on the status of the case, information on the judge and opposing counsel, and, in addition, should include any specialized questions based on the issues the attorney feels may be necessary. While the law is supposed to be equitably applied, experience shows each judge and each opposing counsel are different, and the law can apply differently based upon the situation and the facts. This is another reason why the attorney-witness meeting is so important, as both the attorney and witness have varied experience, and can work together to determine what to expect at trial.Determine What Documents/Information Is MissingOne of the most beneficial outcomes from the attorney-witness preparation meeting is identifying what documents will be the most useful in their testimony. Often, the witness has knowledge of the corporate documents and the ability to access them for trial testimony. The seasoned witness, in their court experience, has a better grasp of what corporate documents work for matters of proof, which can be very helpful to the attorney.Unfortunately, if these documents were not made available prior to trial being set, it may lead to evidentiary challenges. This highlights why the initial attorney-witness preparation call should be held as early as possible. If new documents are discovered early in the preparation period, it is more likely these can be produced in a supplemental response to discovery and described in a pre-trial exhibit list. Given the court is required to weigh the prejudicial nature of an evidentiary challenge due to late production or new evidence, the earlier the production of the evidence, the better chance of overcoming the objection.Hold Additional Attorney-Witness MeetingsWhile not always necessary, it is advisable in most cases to hold additional attorney-witness preparation meetings prior to the trial. At a minimum in a contested matter, a second preparation meeting should be held just prior to trial. As discussed above, the previous meeting should have occurred early in the trial preparation, and it could have been a month or more since that meeting. At this point in the preparation, it is more likely that all documents have been fully identified, a trial strategy has been developed, and each exhibit has an assigned purpose. Further, both the witness and attorney should be prepared to discuss final details and go over very specific questions based on the knowledge gained during preparation. Moreover, this final meeting usually cements whether settlement options should be considered based upon the facts and evidence of the case. Often, as a delay tactic, opposing counsel in a default case wait until the eve of trial to attempt to settle, and it is important for the witness to have appropriate authority to settle the case, when appropriate.ConclusionIt is usually the goal of any party to avoid trial. Whether through settlement or pre-trial motion practice, resolving litigation without trial is an excellent way to avoid both cost and risk. However, if trial is required, preparation is of the utmost importance to ensure the attorney and witness can work in tandem as a team. The difference between failure and success in a trial generally comes down to a matter of one or two questions or exhibits. By preparing appropriately, the chances of success can be greatly increased.“Preparation is the be-all of good trial work … improvisational brilliance is a satellite around the sun. Thorough preparation is that sun.”—Louis Nizer. Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, Foreclosure, News Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Jane Bond is the Managing Partner of Florida Litigation at McCalla Raymer Leibert Pierce with over 30 years’ experience in all areas of mortgage servicing litigation. Bond serves on the advisory board of the Legal League 100 and enjoys speaking on panels, writing articles, and holding trainings to help educate those in our industry. Related Articles Home / Daily Dose / The Art of Trial Witness Preparation Subscribe Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily The Art of Trial Witness Preparation Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Tagged with: Foreclosure Law Legal Trial
Niger Mixed won the encounter 4-3 after penalty shootout to book a ticket for the zonal stage of the competition scheduled for January.Obasanjo, who took the official kick off of the match, observed that with the stadium, Delta State wouldl continue with its winning streak in sporting activities.While commending Governor Ifeanyi Okowa for constructing such an edifice, the former President stated that the stadium would also, provide avenue for people to exercise, stating, “whoever you are, whatever age you are, you must exercise, you must be fit.”Obasanjo said: “We must catch them young, we have the facilities, we have to recruit those who will win, train them from young age,” he said, adding, “build a hostel where you will put people that you will train day and night and they will be going to school from the stadium and in whatever sports, Delta State will be the best.”“I was here to perform the ground breaking ceremony of the stadium, I am here to inaugurate it and I will be here again to see the hostel,” he stated, asserting, “Governor Okowa is not just a Road Master, he is also a Stadium Master, and because of the work he has done, he is also the Bulldozer.”The LG stage of the Zenith Bank/Delta Principals Cup which is in final stages at LGs continues in the state till the end of this week.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram * Zenith /Delta Principal’s Cup stars thrill fansAMIDST pomp and pageantry, former President Olusegun Obsasanjo on Monday inaugurated the 23, 000 capacity Stephen Keshi Stadium, Asaba.It was also at the occasion that the final of the Zenith Bank/Delta Principals Cup for the Oshimili South Local Government took place between Niger Mixed Secondary School and West End Mixed Secondary school.