Fla. Justices Say Malpractice Claim Met Expert Qualifications

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 […]

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 […]

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 […]

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 […]

“First, Kill All The Lawyers.”

In Billy Shakespeare’s play King Henry VI, Part II, this advice is used as an example of how to destabilize an entire country. And so it goes … Belarusian Lawyer Who Advised Imprisoned Activists Goes On Trial Our Constitution protects the right to jury trials and access to competent counsel. Fight any and all efforts […]

Federal Preeemption: The Cost-Effective Way For Special Interests To Lock You Out of Court

The 11th Circuit (Atlanta) just created conflict with other jurisdictions in ruling that federal law “preempts” or blows up negligence claims against brokers. Preemption is the legal rationale that courts use to block victims of torts from suing rental car companies and other large corporate interests that successfully lobby Congress for special protection. In Aspen Amer., […]

Quality Fraud: The Insurance Industry Gets It All Wrong

After lobbying legislatures for “tort reform” for decades, the number of medical malpractice claims – especially what they used to call “frivolous” claims – has gone down. Has that lowered rates for physicians? Of course not. But instead of accepting responsibility, the insurance industry now blames “nuclear claims” and other imaginary foes to explain their […]