My Dad Called It “Champerty & Barratry”

But I don’t think he was right about the technical definition. Most trial lawyers work on contingency fees and front costs. It is a noble endeavor that serves our clients who cannot afford the significant court battles to address serious injuries. What he meant was improper solicitation of clients. This sort of thing made him […]

Update: Its Hard To Avoid Service Of Process When You’re Live On National TV Every Other Night

This updates an urgent news item I posted about a few days ago. I offered to help, but it appears the process servers figured it out. I had a case once where we had to find a doctor who fled the state and was living in his car in Broken Arrow, Oklahoma. Compared to that, […]

FDA Black Box Warnings

FDA’s black box drug warnings can be powerful evidence in medical malpractice cases. But in Florida, they probably aren’t enough to relieve the requirement to have expert witness testimony. An Arizona appeals court on Tuesday revived a lawsuit alleging a urologist negligently prescribed an antibiotic that caused harmful side effects to a patient, saying medical […]

Service of Process Problems Are Real: But I Know Where Shaq Was Last Night.

From Law360 Shaquille O’Neal won four championship rings during his legendary basketball career, and now he’s chasing a legal accomplishment that’s just as elusive: successfully avoiding service long enough to have a civil suit against him dismissed. For months, O’Neal has dodged attempt after attempt by process servers to formally notify him about a proposed […]

Juries Can Figure Out Complex Issues.

Proving causation in the face of complicated medical evidence is difficult but juries are often able to work through the issues fairly. A Florida man’s attorneys announced Thursday that a Broward County jury has awarded their client $7.8 million in what they said is one of the largest slip-and-fall verdicts in the state’s history after […]

Defense Raises New Argument After Trial To Escape $12M Verdict, Blaming a “Prejudicial” Animation

Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]

The ‘Win At Any Cost’ Mentality of Insurance Defense

Over one hundred thousand dollars in sanctions upheld against an insurance defense lawyer for deliberately poisoning a trial to benefit his client. And it worked – at least for his client, if not for him. I am not surprised in the least. Plaintiffs: Choose your lawyer carefully, and this won’t happen. Hurt was representing the […]