The trial was held in September 2021, following a rear-end collision that occurred in February 2018. The plaintiff was a 59- year-old male who claimed the accident aggravated unspecified conditions in his neck and caused exacerbation of a preexisting herniation of his L4/5 intervertebral disc to worsen. Because of his claimed injuries, the plaintiff underwent a one-level discectomy and fusion with medical specials totaling approximately $300,000 and had lost wages over $200,000. The trial lasted… Continue Reading

A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the District of Maryland’s grant of summary judgment to Six Flags. Six Flags had been sued by a guest of its Maryland waterpark who alleged negligence in the operation of a waterslide. The guest also sued the ride manufacturer for negligence and product liability. Working together, counsel for Six Flags and counsel for the co-defendant… Continue Reading

Traub Lieberman Partner Colleen Hastie defeated a dispositive motion to dismiss in favor of third-party Skilled Nursing Facility (“SNF”). Plaintiff commenced action against SNF sounding in medical malpractice, negligence, and violations of Public Health Law §2801-d, alleging SNF failed to properly care for, diagnose, and treat the plaintiff’s decedent during his residence at SNF. SNF commenced third-party action alleging contribution and common law and contractual indemnification against SNF’s contract physician (“physician”) who treated decedent during decedent’s… Continue Reading

MehaffyWeber received a complete summary judgment of all claims against their client in a large commercial arbitration. It is rare to get a hearing on a summary judgment from an arbitrator, much less to get one granted. Corey Seel and Warren Wise prepared the motion and arguments, and Trey Sandoval and Stephanie Shoemaker helped review and categorize the massive document productions. Continue Reading

MehaffyWeber lawyers Michele Smith, Trey Sandoval, Diana Shelby and Elizabeth Perez secured a summary judgment exonerating the structural engineering firm of record in a large, multiparty construction defect case involving multiple condominiums in a private retirement community. Other defendants filed motions, but MehaffyWeber was the only defendant to succeed in obtaining this outcome. Continue Reading

Josh Evett of Duke Evett PLLC successfully defended a medical device manufacturer before the Idaho Supreme Court on appeal. This result ends the lawsuit successfully in favor of Duke Evett’s client.  The case involved allegedly defective electrical stimulation pads that burned the plaintiff during physical therapy. Because the plaintiff could not exclude reasonable secondary causes of the plaintiff’s burn, she could not establish a claim. Continue Reading

After a three-day in-person jury trial, Amy R. Humphreys and Jason Proctor of Flaherty Sensabaugh Bonasso PLLC obtained a defense verdict on behalf of a hospital in the Circuit Court of Cabell County, West Virginia. Plaintiff alleged that the firm's client failed to properly maintain their premises which caused plaintiff to fall and suffer personal injuries. On August 26, 2021, the jury returned a verdict finding no negligence, exonerating the hospital. Continue Reading

Supreme Court Punts on the Issue of Whether Agent’s Dismissal with Prejudice on Notice of Claim Grounds Precludes Vicarious Claim Banner v. Gordon| Arizona Supreme Court | JSH Attorney Eileen GilBride The Supreme Court avoided answering the questions posed in this case: does an involuntary dismissal with prejudice of an agent or employee constitute an adjudication on the merits, regardless of the grounds for the dismissal; and does an involuntary dismissal with prejudice of an… Continue Reading

Roetzel’s Appellate Team Obtains 7-0 Decision from Ohio Supreme Court State ex rel. Grendell v. Walder, 2022-Ohio-204 (Feb. 1, 2022) Roetzel & Andress attorneys Stephen W. Funk and Emily Anglewicz of its Appellate Law team recently obtained a 7-0 decision from the Ohio Supreme Court in a writ of mandamus action filed on behalf of Judge Timothy J. Grendell, the Administrative Judge of the Geauga County Court of Common Pleas, Juvenile and Probate Divisions. The… Continue Reading

Shaun Decoudres and Grant Smith of Carr Allison’s Birmingham, Alabama, office earned a summary judgment in the United States District Court for the Northern District of Alabama. They represented a landlord/management company that had been sued by a tenant for breach of contract, fraudulent misrepresentation/ suppression, conversion and violation of the Alabama Uniform Residential Landlord and Tenant Act. Summary judgment was granted for the landlord/management company on all counts, and the case was dismissed. Click… Continue Reading

Much to Lisa Angelo's surprise, upon the reopening of the courts during COVID-19, the parties in her case were ordered to appear for trial and jury selection. In this real estate fraud case, the plaintiff sued her former best friend of 34 years, for intentional misrepresentation, negligent misrepresentation, constructive fraud, and breach of fiduciary duty. The defendant vehemently denied each and every allegation set forth by the plaintiff. Due to “social distancing,” they could only… Continue Reading

E. Holland “Holly” Howanitz and Catherine Crawley received a complete defense verdict on a premises liability case in Alachua County in May 2021. The Plaintiff had a life care plan of $1.6 million and claimed permanent injuries from neck and shoulder surgery. She also claimed permanent disability and lost wages of over $350,000. Continue Reading

Civil litigation defense firm, Wicker Smith O’Hara McCoy & Ford P.A., congratulates Fort Lauderdale partners Jason A. Glusman and Carlos “Charlie” Garcia on a directed verdict six days into a jury trial in a heavily contested employment discrimination/ civil conspiracy/tortious interference case. This case had been ongoing for 11 years and was picked up by Wicker Smith’s Fort Lauderdale office five years ago to try this jury case on behalf of three managers of a… Continue Reading

Traub Lieberman attorneys Lisa M. Rolle and Erin O’Dea obtained a motion to dismiss in favor of a wall systems installation company (“Installer”) in a second third-party complaint brought before the  Supreme Court of the State of New York, New York County. In the underlying suit, the plaintiff alleged she was injured by a falling object on the subject premises and brought a suit against the construction company affiliated with the site. The construction company… Continue Reading

Plaintiff filed suit against Traub Lieberman’s law firm client (Defendant) for allegedly disclosing confidential personal information about Plaintiff during discovery exchanges in an underlying lawsuit. The Defendant had represented Plaintiff’s adversary in that action, and the disclosure allegedly occurred in court filings during the suit. When the filings came to light, the records were sealed. Plaintiff sought no sanction or other relief against its adversary or Defendant in the underlying suit. Plaintiff instead filed a… Continue Reading

Carr Allison trial success Carr Allison attorneys Chris Barkas and Kyle Weaver scored a substantial victory in the United States District Court for the Middle District of Florida. Plaintiff’s treating physicians and retained experts intended to offer the expert opinion the accident caused the plaintiff’s injuries. Barkas and Weaver filed five Daubert motions to preclude the physicians from offering their opinions on causation focusing on each physician’s lack of knowledge about the plaintiffs’ medical history,… Continue Reading

Jones, Skelton & Hochuli attorneys Donald Myles, Lori Voepel, and Ashley Villaverde Halvorson have prevailed in three appeals on behalf of their client, Farmers Insurance Company of Arizona, affirming their 2012 defense verdict in a bad faith case. (Barbara Sloan v. Farmers Insurance Company of Arizona, Farmers Insurance Exchange, and Farmers Group, Inc., Arizona Court of Appeals | July 13, 2021) This case arose in 2009 when plaintiff's house burned in a fire, and she… Continue Reading

Franklin & Prokopik, P.C. in Maryland secures complete reversal of $400,000 jury verdict in a premises liability case, On February 25, 2021, the Maryland Court of Special Appeals reversed a $400,000 jury verdict entered against one of Franklin & Prokopik’s retail clients in 2019. The case involved a customer who sued a grocery store, alleging that she was struck while shopping by a stocking cart being pushed by a vendor who was at the store… Continue Reading

Sweeny, Wingate & Barrow attorneys Mark S. Barrow and Brandon R. Gottschall, who were retained after default had been entered against a trucking company and driver in a bodily injury action, obtained an order granting relief from default. The matter involved a low-speed accident and a plaintiff who, after the entry of default, sought more than 20 times the medical costs. The court granted the motion for relief from default over opposition from the plaintiff.… Continue Reading

Hanson Bridgett attorneys secured a pro bono victory for a client seeking a permanent domestic violence restraining order against her former spouse and assisted the client in modifying custody and visitation orders to protect her children. Continue Reading

Hanson Bridgett LLP earned a great result for their client, Vista Distribution, Inc. a cannabis distribution company. Partner Andrew Stroud and Associate David Casarrubias achieved a significant victory after a four-day trial in Ukiah, California. The jury returned a unanimous verdict in favor of the firm’s client in a breach of contract action filed against them. After just one hour of deliberations, the jury found that Vista Distribution had not entered into the alleged contract… Continue Reading

Traub Lieberman Partner Lisa M. Rolle obtained summary judgment in favor of defendant SRI Fire Sprinkler, LLC, a family-owned and operated fire sprinkler company. The judgment was determined pursuant to CPLR 3211(a)(5) on the grounds that Philadelphia Indemnity Insurance Company’s (Plaintiff) negligent construction claim accrued on the date when work was completed at the premises, not on the date of the incident as alleged in the Plaintiff’s complaint. In the underlying subrogation action, the Plaintiff commenced… Continue Reading

Carr Allison Shareholders Charlie Ireland and Ginny Gambacurta in Birmingham, Alabama, have secured a defense verdict in a premise liability claim in Federal Court after a four-day trial with seven figures in claimed damages for AMC Theaters. Click here for more information. Continue Reading

Pamela Hallford of Carr Allison in Dothan, Alabama, represented a trucking client in a jury trial. The trial took place in Conecuh County (AL) and Hallford obtained a favorable verdict for her client. Click here for more information. Continue Reading

Dysart Taylor trial success Dysart Taylor director Lee Brumitt secured a jury verdict in favor of his client, an apartment management company, against claims that it violated the Missouri Merchandising Practices Act (MMPA) based on alleged deceptive practices in the leasing and termination of a lease. The plaintiffs in this case, two tenants who leased an apartment which began experiencing HVAC problems, claimed that the management company misrepresented the apartment unit as “energy efficient,” terminated… Continue Reading