I posted recently about frivolous defenses and appeals raised by defendants, often because their insurance carriers have the resources to waste time and the incentive to hold on to the money that will eventually be paid to satisfy the claim. When we hear about frivolous claims, it is usually from insurance interests complaining that non-meritorious […]
Don’t let anyone tell you that there are too many successful “slip and fall” verdicts for Plaintiffs. The truth is judges and juries are hard on slip-and-fall cases. Defendants and their carriers know this, and they litigate these cases fiercely. Only careful, thoughtful, and considered legal strategies can keep you out of this kind of […]
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 […]
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: https://www.law360.com/personal-injury-medical-malpractice/articles/1692386?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-27&nlsidx=0&nlaidx=9?copied=1
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 […]
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 […]
A three-judge Appeals Court panel reversed a Suffolk County judge’s dismissal of a suit alleging that nurse Orbelina Erazo, physical therapist Lauren O’Hara and their employer, Brigham & Women’s Faulkner Hospital, failed to properly assess the fall risks for patient Elizabeth Owens, which caused her to fall and fracture her hip following hip surgery. Read […]
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 […]
Evidentiary issues during the trial need to be preserved in order to be protected on appeal. In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an […]
