Lawyer Misconduct in Closing Can Get A Verdict Overturned

Defense lawyers who convince a judge to keep out evidence of prior similar accidents don’t get to argue to the jury that there is no evidence of similar accidents. “The misconduct of Appellant’s counsel has resulted in unnecessary expense to his client and to Appellee, a waste of judicial resources, and inconvenience to the jurors […]

On Jury Selection

I have had State Farm adjusters sitting in the venire eager to get on an auto accident jury. In one case, I remember a State Farm adjuster on the venire panel. I used internal State Farm documents with the Judge showing that the insurance carrier encouraged their employees – when called for jury duty – […]

The Standard Is The Standard

My favorite football coach is famous for his mantra: “The standard is the standard”. In court, however, proving negligence often depends upon establishing a “standard of care” that may be vague. In medical malpractice cases, expert witnesses often testify to a national minimum standard 0f care that applies in all communities. In this interesting Florida […]

The Impact Rule

In many states, including Florida, a physical impact is required for a plaintiff to recover mental and emotional damages for most torts. There are exceptions for the most egregious misconduct – when some people without any physical impact can recover mental and emotional damages. I have litigated that question successfully on appeal. You can read […]

11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash

In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in […]

When A Settlement Isn’t Final?

Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward –  bears watching, […]

My Successful Appeal of a Slander and Invasion of Privacy Claim

In the news: Ben Brody, a Jewish 22-year-old living in Los Angeles, has suffered harassment and permanent reputational damage ever since Musk amplified to his 158 million followers on X, formerly known as Twitter, false accusations tying Brody to the right-wing brawl, according to the complaint obtained by Law360 and lodged in Travis County District […]

Peer Review Privilege is Boken: we’re going to keep chipping away state by state

#QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at:

Pay No Attention to the Man Behind the Curtain

I’ve been around the block long enough to know that in personal injury cases – particularly serious ones – there are frequently issues “behind the curtain”. The other side will often conceal these issues but they can affect everything from trial scheduling to negotiations. Sometimes, the defense counsel will be upfront but more often your […]

Our Experience Litigating Seat Belt Defects

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 […]