3L: So is it possible that a really unscrupulous plaintiff's lawyer would say a couple was married and claim loss of consortium even if they weren't.
Pretrial Practice Prof: Well, it's possible. But at some point during discovery, you're likely to interview or depose the wife. If two people come in wearing wedding rings and say they're married, you're likely to believe them. If you have doubts, you can always ask for a copy of the marriage certificate.
3L: Oh, okay.
PPP: Well, unless you're in litigation with Anna Nicole Smith. Then get everything in writing.
Thursday, February 15, 2007
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