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Ogilvie Update with new articles and
checklists, including Sample Questions
for Ogilvie Expert
Editor's Note
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I was amused to learn of a not so
amusing medical condition called “Ogilvie’s
Syndrome,” the
acute pseudoobstruction and dilation of the colon in the absence
of any mechanical obstruction in severely ill patients. Is this happening
to the workers’ compensation patient?
What leads to my inquiry
is the news that the attorney who had been representing defendant
City and County of San Francisco, Peter Scherr, joined the firm of
Wanda Ogilvie’s attorney, Joseph Waxman.
The City objected
that their former employee was now in practice with Ogilvie’s
attorney and asked for a delay in oral arguments while the replacement
attorney came up to speed and while the City decided whether to seek
removal of Waxman as Ogilvie’s attorney.
On Mr. Waxman’s
advice, Ms. Ogilvie signed a Substitution of Attorneys, and Mark
Gearheart, of Law Offices of Gearheart and Otis, took over representation.
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Recall that the case known as “Ogilvie
II” has been on the First District Court of Appeal’s
docket since 10/15/2009, when the City & County of San Francisco
filed a petition for writ of review and application for stay.
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Numerous briefs were filed, and oral
arguments were finally scheduled for April 13, 2011. But Scherr’s
joining Waxman’s firm caused the hearings to be rescheduled
to 6/22/2011.
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Whatever the District Court of Appeal
decides, it is likely to be appealed to the Supreme Court of California.
It is disquieting not to know how to evaluate many of our cases,
not to be able to give advice with confidence, or reserve with confidence.
Both sides face a long and uncertain future of wondering what to
do about FEC under the 2005 rating schedule. As the saying goes, “Hope
for the best but prepare for the worst.”’
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