You Have 2 Years To Sue Dead People, Fla. High Court Rules

The Florida Supreme Court ruled Thursday that insurance liability lawsuits must be filed within two years of a would-be defendant’s death, upholding a decision dismissing a suit against Lewis Bear Co. and the estate of a now-deceased employee who injured two women with a company truck. In a 5-1 decision, the state high court said […]

Does Sovereign Immunity Apply to Your Claim?

In the United States, agencies (state, federal, local, municipal). reserve immunity for themselves but consent to being held accountable by way of statute. Tackling any government’s agency right to sovereign immunity is, like any effort to enforce accountability, a righteous cause. Always. The Georgia Department of Transportation cannot fully escape a lawsuit alleging that it […]

Improper Client Solicitation Is In The News Again

Reward lawyers who do it the right way. Ignore the scammers. “The training manual literally teaches employees how to commit barratry by gaining the trust of vulnerable potential clients to sell them legal services,” the complaint said. Read more at:

Iowa Court Overturns $6M Nursing Home Negligence Verdict

On appeal, Timely Mission argues that a new trial is warranted because the jury heard improper testimony from nursing home staff members that a certified nursing assistant, Melanie Blakesley, had physically and verbally abused residents other than Weaver. Read more at: From the website page summarizing my experience in nursing home injuries The health […]

“Barebone affirmative defenses have always been deficient,” he told the court.

My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.” “Barebone affirmative defenses have always been deficient,” he told the court. To show […]

Six Flags Not Liable For Woman’s Injury Fleeing From Clown

My sister was terrified of a giant clown that loomed over us every time we drove past a certain car dealership on Sunrise Boulevard. “Six Flags cannot take the fright out of Fright Fest, just as baseball teams cannot remove their bats and balls without fundamentally changing the game,” the opinion reads. Read more at: […]

Vicarious Liability Quacking Like A Duck

I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]

Missouri Hospital Keeps Trial Win In Shaken Baby Case

Duty to warn cases are important but the proof can be tricky. At issue on appeal is a jury instruction stating that jurors were to find in favor of the hospital if they determined that Lane’s then-boyfriend, Ben Andrews, had abused Hollis. Read more at: