Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]
SCOTUS court watchers were a little shocked that the Court blocked the Purdue Pharma / Sackler settlement – even if temporarily – and there is a lot of buzz about how they will answer this question: whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 […]
When I worked with my Father, we had a case involving catastrophic injuries in a Ford pickup rollover caused by an inoperable seatbelt. We won that case at trial and, to fully recover, we had to take the case to the Florida Supreme Court. I wrote about that case in a prior post linked just […]
Legal advice and strategy in your personal injury case require a detailed understanding of the various responsible parties and their insurance. Your lawyer should anticipate coverage issues in advance and address them with you so that you can make informed decisions about pursuing your case and a recovery with meaning. The Eighth Circuit agreed with […]
In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed. These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything […]
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 […]
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 […]
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 […]
If you know a lawyer who took a case knowing that the law was against his or her client, based on a genuine belief that the law was wrong – give them a hug. It is a difficult place to be, investing time and money in the kind of uphill climb it takes to right […]
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 […]
