Law Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/law/ Fort Myers Florida Trial Attorney Tue, 17 Dec 2024 19:11:44 +0000 en-US hourly 1 What is Project 7A? https://thethompsonlawfirm.net/what-is-project-7a/ Tue, 17 Dec 2024 19:11:44 +0000 https://thethompsonlawfirm.net/?p=23905 Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced […]

The post What is Project 7A? appeared first on The Thompson Law Firm.

]]>

Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced on a battlefield to sign Magna Carta – the ancient pact he made with English Barons, including a stipulation to man’s right to “the lawful judgment of his peers”. These are the events that first set rule of law above kings.

A kid gunned down a health insurance CEO as he walked a busy Manhattan sidewalk into a shareholder’s conference. In America, there’s a certain passion surrounding guns and the Second Amendment. The Surgeon General issued an advisory about an epidemic of gun violence and deaths resulting therefrom. U.S. Surgeon General Issues Advisory on the Public Health Crisis of Firearm Violence in the United States

Firearms are the leading cause of death for American children and adolescents. HHS Report on Firearm Violence in America

At the same time, Americans have lost respect for our justice system in record numbers according to Gallup. Trust in court system at record low: Gallup

There are many reasons for both of these trends. They aren’t all related. But here is what I propose. We need a movement similar to the #2A movement to promote jury trials, a right guaranteed by the Seventh Amendment to our Constitution. And we need to invest time and money into improving our court systems and their rules so they can demonstrate their importance to our system of governance.

Self-defense and a well-regulated militia should be a last resort. There wouldn’t be a need for violence if we took our jury trial rights as seriously as our gun rights. Project 7A is designed to start that process.

The post What is Project 7A? appeared first on The Thompson Law Firm.

]]> Lawyer Misconduct in Closing Can Get A Verdict Overturned https://thethompsonlawfirm.net/lawyer-misconduct-in-closing-can-get-a-verdict-overturned/ Mon, 04 Mar 2024 15:17:56 +0000 https://thethompsonlawfirm.net/?p=23736 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 […]

The post Lawyer Misconduct in Closing Can Get A Verdict Overturned appeared first on The Thompson Law Firm.

]]> 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 who took four days out of their lives listening to evidence and rendering a verdict, given that the case must be retried before a new jury,” the panel said Friday. “Such conduct cannot be condoned.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1808976?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-03-04&read_main=1&nlsidx=0&nlaidx=1?copied=1

The post Lawyer Misconduct in Closing Can Get A Verdict Overturned appeared first on The Thompson Law Firm.

]]> On Jury Selection https://thethompsonlawfirm.net/on-jury-selection/ Wed, 27 Dec 2023 16:15:43 +0000 https://thethompsonlawfirm.net/?p=23585 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 post On Jury Selection appeared first on The Thompson Law Firm.

]]> 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 – to maneuver their selection onto a jury to make mischief. The judge would not strike the juror for cause, and we were forced to use a peremptory challenge. These are always difficult decisions.

Here is a Florida appellate court decision that may help with that.

During jury selection, Okaloosa County Circuit Court Judge William F. Stone refused to excuse for cause one of the jurors who Seadler flagged as biased. This meant Seadler was forced to use one of his three peremptory challenges to toss the problematic juror, the justices’ opinion said. Seadler was ultimately forced to accept a different juror he didn’t want and would have removed if he only had that challenge, the opinion said.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1779945?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-12-22&read_main=1&nlsidx=0&nlaidx=5?copied=1

The post On Jury Selection appeared first on The Thompson Law Firm.

]]> The Standard Is The Standard https://thethompsonlawfirm.net/the-standard-is-the-standard/ Mon, 06 Nov 2023 14:55:42 +0000 https://thethompsonlawfirm.net/?p=23456 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 post The Standard Is The Standard appeared first on The Thompson Law Firm.

]]> 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 case against a tire repair shop, the appellate court considered the application of a med mal precedent to a situation where evidence of the “standard of care” was a little more vague. Trial lawyers with experience know that this is more than just a theoretical problem – cases can be prepared to minimize if not eliminate the issue.

In Friday’s opinion, the panel for the Fifth District Court of Appeal wrote that Moyer — which concerned a medical malpractice wrongful death suit — may have found that testimony of internal policies could be admissible, but that such evidence “does not conclusively establish” a standard of care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1740726?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-06&read_main=1&nlsidx=0&nlaidx=13?copied=1

The post The Standard Is The Standard appeared first on The Thompson Law Firm.

]]> The Impact Rule https://thethompsonlawfirm.net/the-impact-rule/ Mon, 30 Oct 2023 14:04:43 +0000 https://thethompsonlawfirm.net/?p=23405 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 […]

The post The Impact Rule appeared first on The Thompson Law Firm.

]]> 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 that reported decision on my website …

Here (Estate of Thomas v. Lee Memorial)

But what if trauma experienced without any other physical contact – other than the seeing or hearing it – changed the brain in some way? Would that satisfy the impact rule? I am glad that some judges are asking these questions. It could be a game changer for people whose lives have been affected by witnessing horrible trauma.

“How is the brain different from a finger?” the judge asked. “Why isn’t the injury to the brain physical? And why isn’t the brain’s interaction with the device physical?”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1721210?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-30&read_main=1&nlsidx=0&nlaidx=0?copied=1

The post The Impact Rule appeared first on The Thompson Law Firm.

]]> 11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash https://thethompsonlawfirm.net/11th-circ-affirms-12m-award-over-deadly-fla-keys-crash/ Thu, 26 Oct 2023 14:24:06 +0000 https://thethompsonlawfirm.net/?p=23387 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 […]

The post 11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash appeared first on The Thompson Law Firm.

]]> 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 the news would waste everyone’s time and money delaying a resolution of this case and taking it up on appeal. There is a simple answer: as long as they have the money, they still have it. Maybe they’ll pay now. Or maybe not.

“Thus, not only was the jury-instruction error harmless because the estates were entitled to a directed verdict, but Discount Rock actually benefitted from that error by getting an unearned second bite at the negligence-issue apple,” the Eleventh Circuit said.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1736856?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-26&read_main=1&nlsidx=0&nlaidx=2?copied=1

The post 11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash appeared first on The Thompson Law Firm.

]]> When A Settlement Isn’t Final? https://thethompsonlawfirm.net/23333-2/ Tue, 10 Oct 2023 13:49:42 +0000 https://thethompsonlawfirm.net/?p=23333 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, […]

The post When A Settlement Isn’t Final? appeared first on The Thompson Law Firm.

]]> 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,

A Florida couple told an Eleventh Circuit panel on Friday that a $200,000 settlement over catastrophic injuries the husband sustained after slipping on ice doesn’t absolve State Farm from paying insurance benefits, saying that the Medicare Secondary Payer Act obligates the insurer to pay for ongoing medical care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1725578?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-10&read_main=1&nlsidx=0&nlaidx=7?copied=1

The post When A Settlement Isn’t Final? appeared first on The Thompson Law Firm.

]]> My Successful Appeal of a Slander and Invasion of Privacy Claim https://thethompsonlawfirm.net/my-successful-appeal-of-a-slander-and-invasion-of-privacy-claim/ Tue, 03 Oct 2023 16:54:03 +0000 https://thethompsonlawfirm.net/?p=23310 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 […]

The post My Successful Appeal of a Slander and Invasion of Privacy Claim appeared first on The Thompson Law Firm.

]]> 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 Court.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1728421?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_me

Slander, defamation, and invasion of privacy cases are exploding in the internet and conspiracy theory age – where false allegations can be amplified and spread around the globe almost instantly. Review a reported decision that I successfully argued on appeal at the link below. It changed Florida law to help define how these claims are brought and won.

Bill Thompson Jr.’s Winning Appeal in Doe v. Beasley Broadcast Group

 

The post My Successful Appeal of a Slander and Invasion of Privacy Claim appeared first on The Thompson Law Firm.

]]> Peer Review Privilege is Boken: we’re going to keep chipping away state by state https://thethompsonlawfirm.net/peer-review-privilege-is-boken-were-going-to-keep-chipping-away-state-by-state/ Thu, 21 Sep 2023 16:15:18 +0000 https://thethompsonlawfirm.net/?p=23251 #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: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

The post Peer Review Privilege is Boken: we’re going to keep chipping away state by state appeared first on The Thompson Law Firm.

]]> #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: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

The post Peer Review Privilege is Boken: we’re going to keep chipping away state by state appeared first on The Thompson Law Firm.

]]> Pay No Attention to the Man Behind the Curtain https://thethompsonlawfirm.net/pay-no-attention-to-the-man-behind-the-curtain/ Mon, 11 Sep 2023 15:23:28 +0000 https://thethompsonlawfirm.net/?p=23169 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 […]

The post Pay No Attention to the Man Behind the Curtain appeared first on The Thompson Law Firm.

]]> 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 lawyer will either have to dig up the truth on their own or remain in the dark.

An insurer for a climbing equipment manufacturer is suing Gordon Rees Scully Mansukhani LLP, saying misconduct by the firm’s attorneys, coupled with another insurance company’s decision to yank an excess coverage policy, forced the manufacturer to settle claims over a climber’s fall at a Seattle gym just before the suit went to trial.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1719694?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-11&read_main=1&nlsidx=0&nlaidx=1?copied=1

The post Pay No Attention to the Man Behind the Curtain appeared first on The Thompson Law Firm.

]]>