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June 2nd, 2016

Florida’s Strengthened ‘Expert Testimony’ Standard Working, But Still under Threat by State’s High Court

Joining several state trial and appellate courts in doing so, a unanimous Florida appeals court yesterday embraced a more exacting standard for expert testimony which, believe it or not, may yet be struck down by the Sunshine State’s notoriously plaintiff-friendly Supreme Court . . . → Read More: Florida’s Strengthened ‘Expert Testimony’ Standard Working, But Still under Threat by State’s High Court

May 23rd, 2016

‘Gateway to the West’ Becomes the ‘Gateway to the Courts’ for Dubious Science and High Damage Awards

St. Louis juries have twice levied hefty multi-million dollar damage awards against Johnson & Johnson since February on behalf of out of state ovarian cancer victims. Questions remain as to whether the scientific evidence supported such large verdicts. Johnson & Johnson is appealing both verdicts. . . . → Read More: ‘Gateway to the West’ Becomes the ‘Gateway to the Courts’ for Dubious Science and High Damage Awards

May 11th, 2016

Florida’s Plaintiff-Favoring High Court Strikes down Another Thoughtful Legislative Reform

The Florida Supreme Court’s plaintiff-friendly 5-2 majority has once again shown its willingness to substitute its own public policy views for those of the legislature with a late-April decision invalidating a statutory schedule for lawyers’ fees in workers’ compensation cases . . . → Read More: Florida’s Plaintiff-Favoring High Court Strikes down Another Thoughtful Legislative Reform

April 21st, 2016

New Orleans Personal Injury Lawyer Candidly Promotes ‘Forum Shopping’ in Website Video

Those who tend to be put off by personal injury lawyers might find much to dislike about New Orleans-based auto-accident specialist Greg DiLeo, but no one can fault him for a lack of candor when it comes to the “forum shopping” made easy by Louisiana’s lax venue laws . . . → Read More: New Orleans Personal Injury Lawyer Candidly Promotes ‘Forum Shopping’ in Website Video

April 18th, 2016

Federal Prosecutors Allege Silver’s Corruption of Albany Included Government Favors for Mistresses

A prosecution document unsealed last Friday purports to show that convicted former New York State Assembly Speaker Sheldon Silver had two extramarital affairs that further corrupted state government, one with a lobbyist who frequently represented clients interested in pending legislation and another with a woman who was hired at a succession of state jobs for which critics say she was under qualified . . . → Read More: Federal Prosecutors Allege Silver’s Corruption of Albany Included Government Favors for Mistresses

April 6th, 2016

Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

Twice last month the plaintiff-friendly Florida Supreme Court gave personal injury lawyers new incentives to keep the state’s tobacco litigation chain smokin’ . . . → Read More: Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

April 6th, 2016

California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

California employers have taken a kick to the keister once again and will now be forced to let employees sit on theirs. (And some economists wonder why productivity growth has stalled.) . . . → Read More: California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

March 31st, 2016

Now Officially Disbarred, Length of Prison Sentence Only Outstanding Question for Convicted Felon Silver

Long since deposed from his powerful position as speaker of the New York State Assembly, convicted felon Sheldon Silver was finally disbarred this week by a state appeals court . . . → Read More: Now Officially Disbarred, Length of Prison Sentence Only Outstanding Question for Convicted Felon Silver

March 30th, 2016

Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

With an apparent desire to ensure in perpetuity Florida’s status as a perennial Judicial Hellhole, three locally based class action law firms have donated $1 million to the University of Miami School of Law to fund an annual forum on complex mass torts and multidistrict litigation . . . → Read More: Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

March 28th, 2016

9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

The U.S. Court of Appeals for the Ninth Circuit last week overruled a lower court’s perfectly sound dismissal with prejudice of a food labeling class action against Chobani yogurt . . . → Read More: 9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

March 14th, 2016

Florida Judge Who’d Repeatedly Taken Baseball Tickets from Slip-and-Fall Lawyers Resigns

A Florida judge who had been charged with ethics violations for repeatedly seeking Major League Baseball tickets from a plaintiffs’ law firm is “Out!” . . . → Read More: Florida Judge Who’d Repeatedly Taken Baseball Tickets from Slip-and-Fall Lawyers Resigns

March 8th, 2016

Bucking National Trend, California Appeals Court Allows Discredited Asbestos Exposure Theory

Seemingly determined to keep California atop the Judicial Hellholes rankings, an appeals court there last week ignored precedent requiring trial judges to function as “gatekeepers” when it comes to the scientific validity of expert testimony and instead upheld a decision to let jurors play that critical role in their acceptance of a discredited theory of asbestos exposure . . . → Read More: Bucking National Trend, California Appeals Court Allows Discredited Asbestos Exposure Theory

March 7th, 2016

ADA Shyster Caught on Video Disciplined by Federal Judge, Not So Much by State Bar Court

A California McDonald’s franchisee last month successfully beat back a fraudulent Americans With Disabilities Act (ADA) case after a security camera caught the plaintiff’s lawyer visiting the premises and collecting evidence instead of his client . . . → Read More: ADA Shyster Caught on Video Disciplined by Federal Judge, Not So Much by State Bar Court

February 24th, 2016

South Florida Lawyer Forges Judges’ Signatures on More than 100 Structured Settlement Documents

Florida lawyer Jose Manuel Camacho is facing 14 counts of forgery for allegedly signing the names of seven different judges on more than 100 structured settlement documents . . . → Read More: South Florida Lawyer Forges Judges’ Signatures on More than 100 Structured Settlement Documents

February 23rd, 2016

Out-of-State Plaintiff Scores $72 Million Talcum Powder Verdict in Missouri

Another outlier verdict in the “Show Me Your Lawsuits State” this week serves to further Missouri’s growing reputation among the nation’s worst Judicial Hellholes . . . → Read More: Out-of-State Plaintiff Scores $72 Million Talcum Powder Verdict in Missouri

February 19th, 2016

3rd Circuit Tells Super Bowl Ticket Plaintiff ‘It’s Over’

New Jersey’s sorest loser, who asked the U.S. Court of Appeals for the Third Circuit for an en banc rehearing of his proposed class action over high-priced Super Bowl tickets, was finally sacked and put out of the game this week . . . → Read More: 3rd Circuit Tells Super Bowl Ticket Plaintiff ‘It’s Over’

February 12th, 2016

No-Sanctions Dismissal of Fraudulent FCA Claim Is ‘Poster Child’ for Lawsuit Abuse Reduction Act

A federal judge’s choice this week to toss out of court a lawyer’s plainly fraudulent and frivolous False Claims Act case without also ordering punishing monetary sanctions stands as the latest “poster child” for enactment of the Lawsuit Abuse Reduction Act, which is now pending in Congress and would mandate sanctions for those who promulgate frivolous litigation . . . → Read More: No-Sanctions Dismissal of Fraudulent FCA Claim Is ‘Poster Child’ for Lawsuit Abuse Reduction Act

February 10th, 2016

ATRA: NY Assembly’s Anti-Arbitration Bills ‘Driven by Trial Lawyers and Lopsided Media Coverage’

The American Tort Reform Association today criticized elements of the New York State Assembly for pursuing legislation that, at the behest of the politically powerful plaintiffs’ bar, would make fair, quick and relatively inexpensive dispute arbitration more costly and less accessible for consumers and businesses, contrary to federal law . . . → Read More: ATRA: NY Assembly’s Anti-Arbitration Bills ‘Driven by Trial Lawyers and Lopsided Media Coverage’

February 4th, 2016

Slip-and-Fall Lawyers’ Baseball Tickets Trip up Florida Judge

Just when you thought self-serving plaintiffs’ lawyers couldn’t sink Florida’s civil justice system any further into the swamp of unethical behavior that makes it a regular Judicial Hellhole, at least one Florida judge has joined their drive to the darkest depths . . . → Read More: Slip-and-Fall Lawyers’ Baseball Tickets Trip up Florida Judge

January 26th, 2016

Another Asbestos Defendant Seeks to Join RICO Litigation Against Plaintiffs’ Firms Accused of Fraud

Asbestos defendant John Crane Inc. this week filed motions in federal district court seeking to intervene in the Garlock Sealing Technologies-led fraud litigation against two plaintiffs’ law firms, Dallas-based Simon Greenstone Panatier Bartlett and the Shein Law Center of Philadelphia . . . → Read More: Another Asbestos Defendant Seeks to Join RICO Litigation Against Plaintiffs’ Firms Accused of Fraud