The Miller & James, LLP Blog

Sep 24, 2015
If he were a terrorist, and it was a bomb, why would he have shown the teachers the device?
Jan 11, 2015
Freedom of Expression Continues.
Aug 20, 2013
This post starts where Post 27 left off.
Jul 29, 2013

In Post #7, I wrote about the cap of $250,000 on non-economic damages in California.  Basically, I said that it was an unfair cap that had not been revised since it was established in 1975.

In Post #14, I wrote that, if the Gavello case went to the California Supreme Court, it might find that the cap was unconstitutional.  I did not give that much hope but it was a thought.

As it turns out, there might actually be a change in the works.

Jul 22, 2013

For those of you who do not know who J. K. Rowling is, which might consist of approximately three people in the entire world, she is the author of the hugely popular Harry Potter series and also the author of “The Casual Vacancy.”

When I read the latter (having read all of her books, sometimes twice), I really felt like I could hear her voice, that I could see that she had written this. Having KNOWN that she wrote it, that quite possibly impacted my belief.

Feb 25, 2013
This post addresses a scene in the second episode of “Monday Mornings” (See Post #25). Again, it involved peer review known as “Morbidity and Mortality” and dealt with consenting a patient.
Feb 20, 2013

I watched the first episode of "Monday Mornings," the new television series on TNT created by David E. Kelley. Mr. Kelley has created or been involved in various series including Ally McBeal, Boston Legal, Boston Public, Chicago Hope, Doogie Howser, M.D., LA Law and Picket Fences. This show involves five surgeons in a hospital and explores their professional and personal lives.

The reason I am writing a post on this episode is based on a scene involving peer review of one doctor’s case.

Jan 25, 2013

I will start by saying that it would be difficult for me to care less about sports. I did , once upon a time, root for the Denver Broncos but it was basically because I had a crush on John Elway. I also, from time to time, took some interest in the winter Olympics but that is probably because I have a thing for snow. I can’t remember the last football, baseball or basketball game I watched. Same for tennis, golf and bowling, although there is some grumbling out there that the latter two aren’t even a sport.

However, I did pay attention to the career of Lance Armstrong after reading his book, “It’s Not About the Bike.”

Jan 16, 2013

Yesterday, I attended a Case Management Conference (“CMC”) (See Post # 3) in Riverside. I drove there. I know I should have made a telephonic appearance as did the two opposing counsel. However, it is so invigorating to get up at 5:00 a.m., hit stop and go traffic on the I-215, breathe in the exhaust fumes and just barely make it to court at 8:30 a.m. Nothing like that adrenaline rush.

Two things occurred at the hearing which were interesting, at least, to me.

Jan 7, 2013
The City of Los Angeles has banned the sale of commercially bred dogs, cats and rabbits by pet stores. ( The ban starts around May of this year and will expire on June 30, 2016 unless it is extended by ordinance. “The purpose of the three-year program is to ascertain how effective the ordinance is in increasing adoptions and reducing the number of animals euthanized per year.”
Jan 1, 2013

Written by Patricia I. James**

After publishing my Post yesterday, I read today that "New Haven, Connecticut-based attorney Irving Pinsky said he dropped the claim because he was evaluating new evidence, according to a report on"

Dec 31, 2012
The only thing the following three articles have in common is that I read them on the same day. The first two you’ll probably find sickening and the third should hopefully make you feel better.
Dec 24, 2012
What does this post have to do with medical malpractice? Absolutely nothing. However, what with the debate going on about gun rights, I felt the need to put in my two cents worth.
Oct 29, 2012
Okay, instead of relying on Dave, Shelly and Chainsaw for information regarding the healthcare debate, I decided to turn to the Los Angeles Times to broaden my education which, happily, ran two articles on the subject. They both ran under the banner, “Both sides face challenge.”
Oct 15, 2012
It is no secret that the State of California, as well as the rest of the United States, and probably the rest of the world, are undergoing a financial crisis.  Post #16 addressed the problems of receiving healthcare.  This post addresses the problems of your access to justice.
Oct 1, 2012
Post #15 concerned a doctor who was engaging in balance billing, basically trying to get paid the entire amount of her bill rather than just accepting what the insurance company paid. One of the comments I received was a vote for socialized medicine. I responded to her comment and suggested she read an article in Forbes that dealt with that issue. I subsequently read back issues of the Los Angeles Times (Saturday is my day to read the week’s editions), and came across an article by Chad Terhune which addressed the fact that Anthem/Blue Cross was going to cut Cedars-Sinai (Cedars”) and UCLA from its health plan.
Sep 20, 2012
You have medical insurance. You go to the emergency room because you need immediate medical care. It is your understanding that the doctor will accept whatever your insurance pays. Well, in somewhere between ten and fifty cases, Dr. Jeannette Martello did not and instead went after the patients for the full amount.
Sep 6, 2012
The MICRA cap referred to in Post #7 is again being challenged in a case filed in the California Court of Appeal. However, I don’t think it has the power to determine its constitutionality. That falls in the realm of the California Supreme Court.
Jul 25, 2012
It is not "do unto others before they do it to you" but rather "do unto others as you would have them do unto you." In other words, treat people as you would like to be treated.
Jul 22, 2012
Another angle on the events at Theater #9 in the Century 16 Complex in Aurora, Colorado
Jul 9, 2012
Please, do not buy a pet.  Adopt a pet.
Jun 22, 2012

Animal lovers, beware!

Jun 13, 2012

Just do it!

May 4, 2012

Since 1975, California’s cap on non-economic damages in medical malpractice cases has been $250,000. No annual adjustments. No changes. And California is supposed to be a progressive state?

Jan 27, 2012

Who said judges can’t be funny? Not me.

Dec 30, 2011

If you have any dirty laundry to air, make sure it’s first aired in your attorney’s office; not in court.

Dec 9, 2011

It can be difficult asking for help. However, nip it in the bud. The possibility of a do-over may be non-existent.

Dec 2, 2011

This blog is, hopefully, an interesting overview of a few types of hearings (don’t fall asleep yet), and a few days in the life.

Nov 17, 2011

A husband testified that, following an accident which dramatically changed his wife’s life, they loved each other more than before and that it had not hurt their relationship. The trial court concluded that the husband was not claiming a loss of consortium (a loss of a husband’s or wife’s love, companionship, comfort, care, assistance, protection, affection, society and moral support) and that the evidence failed to show any detrimental effect on the overall spousal relationship. The appellate court thankfully disagreed and said that, just by the circumstances themselves, their relationship had to be impacted.

Read on and see if you agree.

Nov 8, 2011
In my humble opinion, legal television shows cannot be dead-on if they are going to be interesting.
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