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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

June 1st, 2016

Florida Plaintiffs’ Lawyer Steals from Clients, Gets Disbarred Goes to Jail, and . . . Blames Others

Previously disbarred Miami plaintiffs’ attorney Guy Bailey is off to prison for 25 months after failing to pay, as a condition of probation, restitution to clients from whom he’d stolen some $700,000 . . . → Read More: Florida Plaintiffs’ Lawyer Steals from Clients, Gets Disbarred Goes to Jail, and . . . Blames Others

May 11th, 2016

California Enacts Law to Protect Small Businesses from Predatory ADA Lawsuits

California, the nation’s #1 Judicial Hellhole, has taken a dutiful step forward to remedy the ADA lawsuit epidemic in the state. Governor Jerry Brown has signed legislation which will curb the predatory filing of ADA lawsuits by serial plaintiffs, and reduce the burden on small businesses in the state. . . . → Read More: California Enacts Law to Protect Small Businesses from Predatory ADA Lawsuits

May 6th, 2016

Oregon High Court Upholds Statutory Damages Limit in Suits Naming State, State Employees as Defendants

Earlier this month, the Oregon Supreme Court voted 5-2 to uphold a $3 million statutory limit on tort awards in lawsuits against the state or its employees. The Court’s well-reasoned opinion overrules prior bad precedent which was not grounded in history or a proper reading of the law. . . . → Read More: Oregon High Court Upholds Statutory Damages Limit in Suits Naming State, State Employees as Defendants

May 3rd, 2016

ATRA Calls Silver’s Sentence ‘Worthy of His Crimes’

The American Tort Reform Association today called the sentencing of former New York State Assembly Speaker Sheldon SilverShel Done “substantial and worthy of his crimes, and perhaps will help deter widespread corruption in Albany and the ‘double-dipping’ fraud that asbestos plaintiffs’ lawyers regularly perpetrate in the NYCAL” . . . → Read More: ATRA Calls Silver’s Sentence ‘Worthy of His Crimes’

April 27th, 2016

Don’t Believe the Liars Who Say Asbestos Trust Fund Transparency Laws Will Hurt Sickened Claimants

A new paper by two Philadelphia defense attorneys with extensive experience in asbestos litigation thoroughly debunks six lies regularly told by plaintiffs’ lawyers and the politicians they support with respect to state and federal legislation aimed at reducing fraud on both our courts and the asbestos bankruptcy trust funds . . . → Read More: Don’t Believe the Liars Who Say Asbestos Trust Fund Transparency Laws Will Hurt Sickened Claimants

April 22nd, 2016

Federal Judge Thwarts California AG’s Efforts to Intimidate, Muzzle Speech of Free-Market Nonprofit

In the latest defeat for government officials using the awesome power of the state to suppress political speech with which they disagree, a federal judge yesterday permanently blocked California Attorney General Kamala Harris’s efforts to “out” the donors who support a free-market-minded nonprofit that has had the First Amendment audacity to weigh in on a variety of policy issues . . . → Read More: Federal Judge Thwarts California AG’s Efforts to Intimidate, Muzzle Speech of Free-Market Nonprofit

April 13th, 2016

Judge Koh Dismisses Another Meritless Consumer Class Action with Prejudice

Federal trial Judge Lucy H. Koh last month continued her laudable, seemingly one-judge stand against consumer class action abuse in the Northern District of California . . . → Read More: Judge Koh Dismisses Another Meritless Consumer Class Action with Prejudice

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 4th, 2016

Lawsuit Connecting Plaintiffs’ Law Firm and Miss. AG’s Office in Kickback Scheme Ordered Unsealed

A lawsuit by a former partner alleging that a prominent Mississippi plaintiffs’ firm engaged in a kickback scheme to secure work through state Attorney General Jim Hood’s office has been ordered unsealed by the U.S. Court of Appeals for the Second Circuit in New York. . . . → Read More: Lawsuit Connecting Plaintiffs’ Law Firm and Miss. AG’s Office in Kickback Scheme Ordered Unsealed

March 4th, 2016

‘False Claims’ Decision by Florida Appeals Court Could Be Basis for Reform in Other States

In what could serve as the basis for a reasonable reform of frequently abused False Claims Act statutes in other states, a Florida appellate court last month upheld the state attorney general’s authority to dismiss such whistleblower claims, even in cases when the state chooses not to intervene in the lawsuit . . . → Read More: ‘False Claims’ Decision by Florida Appeals Court Could Be Basis for Reform in Other States

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 16th, 2016

ATRA Ally Pens Tribute to Justice Scalia

Manhattan Institute scholar and ATRA ally James Copland has written a tribute to the late U.S. Supreme Court Justice Antonin Scalia, who died Saturday at the age of 79 . . . → Read More: ATRA Ally Pens Tribute to Justice Scalia

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 11th, 2016

Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring

A long smoldering class action that sought to make a cigarette maker pay for healthy smokers’ annual chest scans was finally snuffed out yesterday by a unanimous federal jury in Boston . . . → Read More: Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring

February 4th, 2016

PETA Suffers Second Lawsuit Dismissal in a Week

For the second time in a week, the litigious animal rights activists at PETA have had a specious lawsuit tossed out of court . . . → Read More: PETA Suffers Second Lawsuit Dismissal in a Week

February 2nd, 2016

Atlantic County Continues Climb out of Judicial Hellhole

As a former Judicial Hellhole, Atlantic County, New Jersey continues to show improvement with Judge Nelson Johnson presiding evenhandedly over the county’s mass tort docket . . . → Read More: Atlantic County Continues Climb out of Judicial Hellhole

January 29th, 2016

Stephen Diaco, a Florida Attorney Implicated in a DUI Setup, has been Permanently Disbarred

Stephen Diaco, one of three Tampa, FL attorneys involved in a DUI setup of an opposing counsel, has been permanently disbarred by the Florida Supreme Court. Diaco had previously sought review of a lower court’s recommendation of permanent disbarment but withdrew his request. . . . → Read More: Stephen Diaco, a Florida Attorney Implicated in a DUI Setup, has been Permanently Disbarred

January 28th, 2016

Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

The U.S. Supreme Court’s recent ruling in Campbell-Ewald Co. v. Gomez, wherein the majority held that a defendant’s mere offer to pay an individual plaintiff’s full claim for damages is not enough to prevent that plaintiff from leading a class-action, appears to be having an immediate impact on litigation strategy . . . → Read More: Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

January 28th, 2016

For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority

Medical device maker Boston Scientific Corp. this week successfully blocked — at least for the time being — a proposed class action that alleges it had smuggled cheap counterfeit material to use in its pelvic mesh products . . . → Read More: For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority