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Litigation Departments of the Year: Podhurst Orseck

"There will always be competitors who will be trying to enter your practice area, but we are fortunate to specialize in niche areas such as aviation law and class actions," the firm said.

By Raychel Lean | June 03, 2022

Miami-based Podhurst Orseck handles aviation, complex commercial, class action and personal injury litigation. Responses by Steven C. Marks:
What are some of the department's most satisfying successes of 2021, and why?
Overall, our greatest achievement in 2021 was making sure everybody stayed healthy during that pandemic and ensuring that the firm continued to work seamlessly and productively together despite lengthy periods of remote work due to the pandemic. From a professional standpoint, the resolution of the case against the FBI arising from the Parkland shooting was an amazing success, as it was an incredibly challenging case for a very worthy cause. Kristina Infante from our firm led the team with my involvement and excellent assistance from Pablo Rojas. The team secured a historic recovery for the Parkland families last November. Our firm has a history of representing victims and their families, and it is always rewarding to do what we can to help people affected by tragedy, especially right here in the South Florida community.
What was your biggest challenge in 2021 and how did you adapt?
It was difficult to have to be apart from each other for long periods during the pandemic. We've always maintained a family atmosphere in the office, and for well over 50 years, thanks to the leadership of my mentor Aaron Podhurst, we have been successful in keeping that unity and family atmosphere as the firm has grown. We adapted to the pandemic by using video conferencing technologies and staying in touch, but that's not the same as being together in person. For two years, we have been unable to get together for our yearly team celebrations, not to mention countless other community related initiatives, including our traditional annual gift exchange for underprivileged children. Being isolated, as everyone has experienced, is very challenging, but we are glad to finally be back together in the office.
The market for legal services has been changing since well before 2021. What does success require in this climate?
Fortunately for our practice, the market has not dramatically changed in any meaningful way. There will always be competitors who will be trying to enter your practice area, but we are fortunate to specialize in niche areas such as aviation law and class actions. For one thing, these are highly complex areas of law that require specialized knowledge and reward the decades of experience and expertise that our firm is blessed to have. These areas also require a great deal of resources that most traditional plaintiffs' firms do not have as part of their practice model. Certainly, over the years, more firms have entered the class action arena, but we continue to adapt by remaining involved in the leading cases and at staying at the cutting edge of the practice.
Litigators are extraordinarily busy people. What does the firm do to ensure that they remain engaged with pro bono work, their communities and their families?
Our firm's founder, Aaron Podhurst, instilled a deep sense of community as part of the firm's culture so all of us have been and will continue to be engaged in pro bono efforts. I hope that will never change. I would say we are trial lawyers, not litigators, and yes, our practice is very demanding. But I think all of us know how important it is to be involved in the community. As Aaron told me over 35 years ago, you need to be involved in community service in an area that moves you and that inspires you to do good, not just for the purpose of going through the motions of having pro bono hours. Finding the activity or organization that motivates you and gives you inspiration so you can assist others is really the key.

Copyright 2022. ALM Global, LLC. All Rights Reserved.

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Litigation Departments of the Year: Podhurst Orseck - Podhurst

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"There will always be competitors who will be trying to enter your practice area, but we are fortunate to specialize in niche areas such as aviation law and class actions," the firm said. By Raychel Lean | June 03, 2022 Miami-based Podhurst Orseck handles aviation, complex commercial, class action and personal injury litigation.

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Definition of Professional Malpractice

When you hire a doctor or a lawyer, you hope that they will perform their jobs in line with the highest professional standards. However, not every doctor or lawyer always does a reasonably good job, and their patients or clients decide to sue. Those clients then hire a professional malpractice attorney to litigate their claim.

Terms to Know

Standard of Care: The quality of professionalism with which a doctor or lawyer must act.

Negligence: A failure to perform up to the standard of care, which causes injuries to a patient or a client.

Plaintiff: The person who initiates a lawsuit.

Defendant: The person a plaintiff sues.

Claim: A request sent to an insurance company for benefits.

Damages: The money the plaintiff wants to recover in the lawsuit. Damages can cover a wide variety of bills, including medical bills, lost time at work, and property damage.

Settlement: A sum of money the plaintiff accepts instead of going to court.

Practice Area Notes

Professional malpractice attorneys generally fall into two categories: plaintiffs’ attorneys and defense attorneys. Plaintiffs’ attorneys operate very similarly to accident and injury plaintiffs’ attorneys: they may charge an hourly fee or charge a contingency fee, which means they will take a percentage of any money their client recovers in settlement or trial verdict.

Defense attorneys are usually hired by the professional’s malpractice insurance, and are paid out of the professional’s benefit. Much like defense accident and injury attorneys, they can review the case, determine whether the professional is actually liable for the injuries, evaluate the extent of the damage, file important court documents, and advise their clients on whether it is better to settle or go to court.

Related Practice Areas

Medical Malpractice: A medical malpractice suit is a type of personal injury suit against a healthcare professional when that provider has injured a patient.

Legal Malpractice:

Accidents and Injuries: Personal injury defense attorneys defend against personal injury suits.

Litigation: Most personal injury defense attorneys will bring a claim to court, or litigate it.

Insurance Law: Most personal injury cases involve an insurance company, so a personal injury defense attorney must be well versed in insurance law.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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Created by FindLaw’s team of legal writers and editors
| Last updated June 20, 2016

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What is Professional Malpractice - FindLaw

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Professional malpractice occurs when a person practicing his or her profession improperly performs the duties of that profession, and someone is injured as a result.

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Leading the Way: How Podhurst Orseck's Steven Marks and Peter Prieto Adapted to Life Without Jury Trials

Our weekly Leading the Way Q&A series features Podhurst Orseck partners Steven Marks and Peter Prieto.
By Dan Roe | February 03, 2022

Podhurst Orseck partners Steven Marks, left, and Peter Prieto, right.
Editor's note: Welcome to "Leading the Way," a weekly Q&A with South Florida law firm leaders about how they're navigating novel challenges presented by the COVID-19 pandemic. Thanks for reading! We'd love your feedback, so please send thoughts and tips to Dan Roe at droe@alm.com.
Podhurst Orseck partners Steven Marks and Peter Prieto have maintained their firm's status as an elite trial boutique through a string of major lawsuits. In the past few years, Prieto obtained more than $340 million for customers of Volkswagen and Ford who bought cars with faulty Takata air bags, and Marks won $866 million in damages for the families of 43 Brazilian soccer players killed in a 2016 plane crash. Those victories garnered press and the attention of potential clients. They also made the litigators quite a lot of money: A Miami federal judge awarded Prieto $75 million in attorneys' fees in the Ford multidistrict litigation.

The past two years have been markedly different for the trial lawyers as COVID-19 shut down jury trials and took away the leverage they had over defendants. There's a big payday on the other side of the firm's significant inventory, said Prieto, but they've had to make adjustments in the meantime.
Expenses took a haircut. Commercial litigation picked up. Hope sprung from declining infection rates last fall. Then omicron hit and jury trials paused again.

In an interview, Prieto and Marks discussed the changes they made to keep the storied trial firm profitable and ready to handle the heaps of lawsuits that await their day in court.
What are the biggest challenges you face as firm leaders going into 2021?
Marks: It was a challenging 2021, in particular, without the pressure of trial dates. We need a trial date to bring cases to a conclusion, through resolution or a trial verdict. Insurers are very much aware trials are not going to be available to litigants. It's in their best interest to delay, and that has occurred.
On the other hand, we were very careful to focus on getting cases trial-ready so that once [trials] resume we'd be in a position to get trials heard as soon as possible in 2022.

The start of the year was a bit of a disappointment. Omicron asserted itself, positivity rates were high throughout the U.S., and we had to close our office for the month of January because unfortunately a lot of our people have gotten COVID. We thought it prudent and in the best interest of our staff and employees to work remotely through the end of January. Since vaccine rates are very high in our office, we feel comfortable reopening in February, and we have high hopes that courts will resume with in-person trials in early 2022.
How did you weather the inability to bring cases to a conclusion financially?
Marks: We've been fortunate over the years and we've been very successful, so we were able to endure a year of difficulty without any real financial burdens. I think one of the beneficial things we've learned from COVID is that we can effectively manage and handle cases and move them forward through technology, which does not require in-person depositions or court hearings. So from that standpoint, costs have been drastically reduced, especially since we had so much international travel in our aviation business. I used to travel several times a month to Europe or London or South America or Russia or Asia; those expenses have now been eliminated.

Prieto: We've been efficient and smart and, by necessity, our costs have gone way down. Not just airfare: hotels, dinner or lunch at a restaurant. I think for our firm and for most firms those expenses are way down.

Marks: One other thing I'll add is we had a very difficult time getting mediations scheduled and having real success because we were lacking the pressure. In the latter part of 2021, because I think most insurers and defense lawyers realized that trials were likely to start in the spring, and our cases were prepared and trial-ready, they began engaging in meaningful settlement discussions. For example, just in January and February, I have six mediations postured in a way that hopefully will lead to some resolution. That didn't occur in 2021.
How has the lack of case resolutions impacted your contingency fees?
Marks: Certainly my fees have been deferred, Peter's practice is the same way. He needs trials, mass tort settlements occur when there's leverage. Those fees only occur after a common benefit is obtained. I think both of our practices fall in the same category, so yes, I'm hopeful that this year and next year will make up for last year.

Prieto: I think what's very positive for our firm is the inventory that we have built up over the last three to five years. Once that inventory gets closed or resolved, we are going to have a couple of banner years in the very near future.
Are you budgeting for any investments in the firm for 2022?
Marks: Fortunately, we had just upgraded our technology in 2020, so it was easy to weather the storm in 2021 and beyond. I don't think we're likely to hire many people because generally, we have been a firm that is very selective and limited in the number of hires. We always believe in quality over quantity. I'd be surprised if we hired more than one or two attorneys in the coming years. If it's the right person, we're always open to the right kind of hire.

Prieto: Once COVID becomes a reality of life or subsides, I really do think at some point everybody needs to reassess how much space a law firm needs given that some employees are part time or full time and may want or demand to work remotely. It'll be interesting because if you visit some of the larger cities, whether in Miami or New York, in places where you have large organizations with banks and law firms, you see a lot less traffic than you would otherwise pre-pandemic. In terms of technology, I think most firms, including ours, are pretty advanced, but space will be an interesting issue firms are going to have to address.
What does that look like for your firm?
Marks: I don't see us downsizing at all.
Why not?
Marks: We have always strived to have a family environment. We pride ourselves on having close relationships with everybody in the office, not a hierarchy between partners, associates, and staff. In order to keep that core value of the Podhurst tradition, you need to have personal interaction. You can't do it remotely-that's from a personal standpoint, not so much the profession. That's been the saddest part of this pandemic, at least to me.
What type of training do your associates need that benefited you as a young attorney?
Prieto: That's a good question. At least initially, it was a little sad that the associates coming into our firm, or any firm, didn't have the normal experience of seeing and meeting people right away. I think that tended to sort of go away last year before the surge of omicron, but the younger lawyers are much better at technology and adapting to technology than the more-senior lawyers. I think they've adapted very, very well. I really don't think it's impacted them as much.

Marks: What's going to be interesting is: The kids who have had a year or two of remote learning going back into the workforce or getting into the workforce in the future are going to want a more hybrid type of work environment because they've lived it. So that might be an interesting angle for you: What's going to happen to those second- and third-year law students when they come out? Are they going to be looking, like so many workers in the general workforce, for remote opportunities?
Would you offer that flexibility?
Marks: We are trying to get back to the old normal where we have personal interaction. We are an office environment for a lot of tangible and intangible reasons.

Prieto: We have been, however, pretty flexible with lawyers and staff. For example, if they need to work remotely for whatever reason-a family member is not feeling well, an A/C repairman needs to come-we've been very flexible with employees, including staff, in those kinds of circumstances. I think we want everybody back, as Steve knows, because it does breed a lot of camaraderie and enhances our firm's culture, but we will remain flexible when someone wants to work remote.

Marks: We had two attorneys, one temporarily in New York for over a year and another who, because of family reasons, wanted to return to Washington, D.C. We were able to adjust to that situation. We are very flexible when it comes to family situations where people have young children and need flexible hours. We can accommodate them if they work from home for an extended period of time; we're not rigid in any way.
What's the most important lesson you've learned as firm leaders during the pandemic?
Prieto: To me, the most valuable thing has been how we have easily adapted because of COVID, and I for one have been incredibly surprised by how loyal, supportive, and adaptive our staff has been.

Marks: Peter absolutely characterized it best. We have built goodwill within our entire firm, we have long-term employees that have been with us for decades. We don't have any type of turnover when it comes to staff and other personnel. It has really been a family effort to struggle together in these difficult times as we have enjoyed decades of very good times.

Copyright 2022. ALM Media Properties, LLC. All rights reserved.

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Leading the Way: How Podhurst Orseck's Steven Marks and Peter Prieto Adapted to Life Without Jury Trials - Podhurst

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Our weekly Leading the Way Q&A series features Podhurst Orseck partners Steven Marks and Peter Prieto. By Dan Roe | February 03, 2022 Podhurst Orseck partners Steven Marks, left, and Peter Prieto, right. Editor's note: Welcome to "Leading the Way," a weekly Q&A with South Florida law firm leaders about how they're navigating novel challenges presented by the COVID-19 pandemic.

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Aviation law covers almost all legal issues affecting aircraft and airport operations, including aircraft navigation and maintenance, air traffic control safety, and pilot licensing requirements.

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Created by FindLaw's team of legal writers and editors| Last updated October 12, 2020

Aviation Law Legal Issues

Aviation law covers almost all legal issues affecting aircraft and airport operations, including aircraft navigation and maintenance, air traffic control safety, and pilot licensing requirements. Aviation law mostly operates at the federal level, with most aviation regulations and standards enforced by the Federal Aviation Administration (FAA). The Transportation Security Administration (TSA), which ensures airline passenger safety, and the National Transportation Safety Board (NTSB), which investigates aviation accidents, also regulate aviation safety. International flights are also governed by international law and the laws of the individual countries that the flight passes through.

States have little authority to pass laws related to aviation. States may, however, pass laws that do not hinder federal laws, as well as pass zoning laws that dictate the hours of operation and the noise levels of local airports.

Terms to Know

Aviation - Of or relating to any vehicle or transportation that flies in the air

Federal Aviation Administration (FAA) - A federal agency that governs aviation safety and issues regulates the airline industry

Transportation Safety Administration (TSA) - A federal agency that conducts security screening of passengers and baggage on commercial flights

Air Traffic Control - A ground-based communications system that oversees and directs airplane traffic at airports

For more legal definitions, visit the FindLaw Legal Dictionary.

Other Considerations When Hiring an Aviation Lawyer

When facing an aviation legal issue, it is best to hire an experienced aviation lawyer. Many aviation lawyers are also licensed pilots, and some formerly worked as commercial pilots for large airlines. Being represented by someone with hands-on experience can prevent misconceptions between you and your lawyer about aviation practices and regulations.

The aviation industry is heavily regulated, and many pilots, shipping companies, and corporations that regularly use air transportation may have trouble navigating the many rules and laws that are passed by Congress and imposed by federal agencies. As a result, many businesses and individuals hire aviation attorneys before legal problems arise.

If you or your business is facing an aviation legal issue, contact an aviation lawyer immediately to explore your legal options.

Related Practice Areas

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Next Steps

Contact a qualified attorney to make sure your rights and interests get protected.

Help Me Find a Do-It-Yourself Solution

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Created by FindLaw's team of legal writers and editors | Last updated October 12, 2020 Aviation law covers almost all legal issues affecting aircraft and airport operations, including aircraft navigation and maintenance, air traffic control safety, and pilot licensing requirements.

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It doesn’t take a large firm to handle large cases. In fact, small and medium-sized firms are increasingly taking “megamatters”—or matters generating more than $1 million in legal spend—from Big Law, as Dan Roe has reported for the Daily Business Review.

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Small Firms Can Handle 'Megamatters' With Flair. Here's How

" To get that full cup of justice for the client, to create full accountability and deliver the result to the client so that it really does fulfill what it ought to fulfill and it is this so-called megacase, that requires a lot of experience and skill."
By Raychel Lean | January 11, 2022

It doesn't take a large firm to handle large cases. In fact, small and medium-sized firms are increasingly taking "megamatters"-or matters generating more than $1 million in legal spend-from Big Law, as Dan Roe has reported for the Daily Business Review.

Before taking on a megamatter, here's what law firm leaders should consider.

Are You Comfortable With Risk?
There's no way around it: Litigation at the highest level requires an appetite for risk.
The Haggard Law Firm's managing partner, Michael Haggard, is no stranger to megamatters, having secured a landmark $104 million verdict for the family of a 14-year-old boy who suffered a catastrophic brain injury when he was trapped underwater by the suction of an unsafe pool pump. That case led to others, sparking a law change.

Haggard's boutique personal injury firm took a risk on that initial litigation against the pool pump industry, knowing losing it would mean losing about $250,000 in costs and $1 million worth of billable hours-if the firm followed that model.

But because smaller firms are, by nature, entrepreneurial, Haggard said they're uniquely positioned to specialize and take the necessary risks.

"You're ready to take on that risk and you're so singularly focused on it because you're not doing family [law] at the same time, you're not doing immigration law at the same time. Everybody's focus is on this megamatter," Haggard said. "I think that's why, over time, if you look at some of those cases that have resulted in these incredible awards and do change society, it usually is small to midsize firms, I would say."

The key thing, in Haggard's experience, is to be willing and able to lose because "you can't just settle a case if it's in your interest," he said. That means considering, "Can you withstand not getting revenue on a certain case you're putting all this time and effort into for three to four years?"

"If they can do that and they're willing to take that risk and, ethically, they can always put the client's needs first, then I think the way to do that is to take on riskier cases, take on cases with bigger damages, bigger legal challenges, always knowing there's a huge risk and you're willing to lose," Haggard said.

Do Your Research
There are ways to manage that risk, including thorough vetting of a case in terms of liability and damages.

That's according to Peter Prieto, who's head of commercial and class action litigation at Miami's Podhurst Orseck, which regularly litigates against corporate giants, including Volkswagen, Bank of America and Boeing. For class actions, that also means looking at whether the class can get certified.
Stuart Ratzan of Ratzan, Weissman & Boldt, which has secured more than $200 million in jury verdicts over the past seven years, said he's found focus group testing invaluable.

"That is the greatest way to assess what risk we should take and what we shouldn't," Ratzan said.
Then, once you've done your homework, stick to your guns.

"Don't fold your tent. Stand your ground," Ratzan said. "If you've researched it and you understand that the case has tremendous value and they're trying to settle it off cheap, even if cheap is a large number, if it's not right for the case it's not right for you or your client, then do your job."

Find the Jugular
The next step, according to Podhurst Orseck partner Steven Marks, is deciphering, "How do you get to the finish line in the most efficient, effective way? Where is the jugular?"

"Very often, at least in my practice, it's putting the insured and the insurer at odds with one another-where, if you can somehow create a situation where the insured is actually motivated and has an interest in making sure that the insurer resolves this for them because of business distraction, excess exposure or any other reason that the insured may have," Marks said. "You have to figure out what that reason is; how are you going to turn the table on the insurer?"

Build Strong Infrastructure
Prieto and Marks said Podhurst's infrastructure played a major role in its success, pointing to its experienced legal team, contract lawyers and staff members. Flexible fee arrangements and hybrid models are also key, according to Prieto, who said they comprise 80% to 90% of the firm's cases.
"A lot of firms don't have that, so gaining experience in alternative fee arrangements, including contingency work, is very important in handling these large matters," he said.

Going toe to toe with huge firms also means leveraging project management techniques and technology to maximize productivity, according to Luis Salazar of Salazar Law in Miami, whose clients include TD Ameritrade and Wells Fargo.

"We use our own agile project management method, called Lawgile, which we use to efficiently and effectively marshal our resources," Salazar said. "On strategy, boutique firms like ours are filled with people that live and die for clients, not for billable hours and originations. We must make a personal connection to clients to fully understand their unique challenges and bring our best thinking to bear."

Team Up
Lawyers should be honest about what they can and can't handle, prioritizing the client's best interests, according to Haggard, who suggested partnering with an experienced firm.

"You develop long-lasting relationships that way," Haggard said. "Sometimes I hate when lawyers think, 'Well, that would reduce my fee.' It's like, 'No, you'll do better and you'll be able to work on other things.' That works itself out."

Can You Manage People?
One of the most time-consuming issues, especially in multidistrict and class-action litigation, is managing people and ensuring clients receive individual representation.

"You not only have a co-lead counsel that you have to deal with, but you also have a steering committee," Prieto said. "That can be very time consuming, and it takes a lot of time handling the personalities and managing people to ensure that everybody's moving in the same direction."

Be Patient
No firm can become "mega" without first mastering the basics and "doing an A-plus job," Ratzan said.
"I was once at a seminar and the guy said, 'Anyone can say I settled this multimillion-dollar case, but what if the case was worth $50 million and they settled it for $5 million?'" Ratzan said. "To get that full cup of justice for the client, to create full accountability and deliver the result to the client so that it really does fulfill what it ought to fulfill and it is this so-called megacase, that requires a lot of experience and skill. So there's no quick, short sprint to this. It's a marathon."

Copyright 2022. ALM Media Properties, LLC. All rights reserved.

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Small Firms Can Handle 'Megamatters' With Flair. Here's How - Podhurst

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" To get that full cup of justice for the client, to create full accountability and deliver the result to the client so that it really does fulfill what it ought to fulfill and it is this so-called megacase, that requires a lot of experience and skill."

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A New Car Should Not Be Stinky': 9-Figure Class Action Certified Against Toyota in Miami

Plaintiff counsel alleged the Toyota Motor Corp. failed to disclose evidence of a defect in the heating and air conditioning systems that created a foul odor in one of their most popular vehicles.
By Michael A. Mora | December 09, 2021

A federal judge in Miami certified a class action in which plaintiff attorneys are seeking damages in the hundreds of millions of dollars against a multi-national automotive manufacturer and its related entities for allegedly violating Florida consumer protection laws.

With a class-action lawsuit assigned to U.S. District Judge Federico A. Moreno, attorneys Peter Prieto, a partner at Podhurst Orseck in Miami, Fand Joseph H. Meltzer, partner at Kessler Topaz Meltzer & Check, in Philadelphia, are among the lawyers against Toyota Motor Corp.

Moreno, who sits in the Southern District of Florida, certified a class of approximately 91,000 Toyota Camry owners, including Rodney Baker and Javier Cardenas, whom the federal judge designated as class representatives.

Moreno also designated Prieto and Meltzer as class counsel.
"Given the price of automobiles and how much time is spent driving, there has been a growing trend for car owners to no longer accept vehicles with any sort of defect, which in this case caused the cars to have a foul odor," Prieto said. "It's pretty basic-a new car should not be stinky."

Toyota Claims RICO Victory
Eric Booth, a spokesman for Toyota and its related entities, including Southeast Toyota Distributors LLC and Toyota Motor Sales U.S.A. Inc., interpreted the federal court class certification differently.

Booth pointed to Moreno ruling that there was not a legal or factual basis for a Racketeer Influenced and Corrupt Organizations Act claim against the international multivehicle company. What remains is the class certification under the Florida Deceptive and Unfair Trade Practices Act.

"Toyota believes that plaintiffs do not have any credible evidence to support their remaining claim, and we will continue to defend against it," Booth said in a statement. "We stand behind the efficacy and performance of our HVAC systems, and plaintiffs' own testing showed that operation of their HVAC systems improved the air quality in their vehicles."

Plaintiff counsel alleged that Toyota and Southeast Toyota Distributors deceived the class members into shelling out more money than they should have for their 2012 to 2014 non-hybrid Camrys under Florida consumer protection law, according to court documents.

In the class-action lawsuit, Prieto and Meltzer claimed the defendants failed to disclose evidence that there was a defect in the heating and air conditioning systems that created a foul odor in their vehicles.

Instead, the defendants allegedly had their dealers inform customers that the moldy, smelly stench was normal to avoid the financial burden of buybacks and the damage the accusations could have on their brand, according to the complaint. Prieto and Meltzer claimed the behavior violated Florida's Lemon Law.

As a result, consumers overpaid for the vehicles by 25%. And an expert for the plaintiffs calculated that the damages for each class member could be calculated based on the overpayment per vehicle, the suit alleges.

Now, having certified the class, the case, in which plaintiff counsel is seeking over half a billion dollars in damages, will move toward trial with a date still pending.

However, by Moreno striking the RICO claim, the 91,000-member class is smaller than the plaintiff counsel initially sought due to their inability to provide class-wide evidence demonstrating Toyota's deceptive conduct was closely linked to their injury.

Still, Prieto and Meltzer are confident in their case on the remaining claim-pointing to what they perceived as the larger implications of the federal court ruling.

"The court's order shows that the class action device, when appropriately applied, is alive and well," Prieto said. "It provides a remedy when a common defect or wrong impacts thousands of vehicle owners who expect their vehicles to be free from defects."

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A New Car Should Not Be Stinky': 9-Figure Class Action Certified Against Toyota in Miami - Podhurst

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Plaintiff counsel alleged the Toyota Motor Corp. failed to disclose evidence of a defect in the heating and air conditioning systems that created a foul odor in one of their most popular vehicles. By Michael A.

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Class OK'd In Camry HVAC Odor Suit, But Not RICO Claims

By Nathan Hale

Law360 (December 8, 2021, 9:21 PM EST) - Attorneys from Podhurst Orseck PA and Kessler Topaz Meltzer & Check LLP will serve as class counsel in a class action over allegedly defective ventilation systems in certain Toyota Camry models just certified by a federal court in Miami, but the class will be smaller than initially sought.

U.S. District Judge Federico A. Moreno limited the class to plaintiffs who purchased their cars at an authorized Toyota dealer - a decision that was in keeping with his Oct. 1 summary judgment decision adopting a magistrate's similar recommendation to narrow the case.

But in his class certification order issued Monday night, he also declined to certify a class of Camry buyers across five southeast states based on claims under the Racketeer Influenced and Corrupt Organizations Act, and advanced only a class based on purchases in Florida and claims brought under the Florida Deceptive and Unfair Trade Practice Act.

Class counsel Peter Prieto of Podhurst and Joseph H. Meltzer of Kessler Topaz will still lead an estimated 91,000 consumers who bought 2012-2014 model year non-hybrid Camrys from authorized Toyota dealers in Florida, but that falls short of the 205,000 consumers in the two classes plaintiffs requested.

"We are pleased the court agreed that there is no legal or factual basis for a RICO claim against Toyota to proceed as a class action," the automaker said through a spokesman. "Toyota believes that plaintiffs do not have any credible evidence to support their remaining claim, and we will continue to defend against it. We stand behind the efficacy and performance of our HVAC systems, and plaintiffs' own testing showed that operation of their HVAC systems improved the air quality in their vehicles."

The suit, which was filed in July 2018, alleges that Toyota Motor Corp. and its subsidiaries conspired with Southeast Toyota Distributors LLC, or SET, to sell or lease millions of Camrys that were equipped with defective heating, ventilation and air conditioning systems that retained moisture, leading to the growth of bacteria, mold and fungi that sometimes resulted in foul, noxious and toxic odors being emitted into the passenger compartments.

In the class certification order, the court found that the consumers satisfied requirements for numerosity and ascertainability, explaining that the case is ultimately a fraud case, not a product liability case, so differences in how the odor issues manifested themselves, if at all for individual class members, is irrelevant.

"Plaintiffs allege that defendants conspired to and succeeded at concealing a defect in their vehicles in order to defraud purchasers of the class vehicles. Their claims in general, under RICO and FDUTPA, require a showing that defendants engaged in a scheme to defraud and acted deceptively," Judge Moreno said. "These legal wrongs, if committed, were complete at the time of purchase of the class vehicles, irrespective of which class members experienced HVAC odor."

Where the plaintiffs got tripped up was in the court's analysis of the commonality and predominance of the RICO claims across all class members.

While Judge Moreno sided with the plaintiffs on their argument that predominance for the RICO claim does not depend on the defendants having made a material representation or omission to every single class member, he said their misrepresentation theory still fails.

Even if Toyota and SET made misrepresentations to authorized dealers about the odors and HVAC systems, that does not necessarily mean every consumer overpaid as a result, he said, adding that the evidence the plaintiffs have presented suggests only that existing Camry owners were told a misrepresentation that the odor was normal.

"The problem for plaintiffs is that they have not offered any class wide evidence that defendants, or even dealerships, told half truths to class members before they purchased their vehicles," he said. "Plaintiffs have only submitted evidence that would permit a jury to infer that class members who complained of odor to an authorized dealership were misled."

The plaintiffs also failed to persuade the court that it should find a duty to disclose existed between Toyota, SET and the consumers, the order said.

In contrast, the class' FDUTPA claims fared better in part because of that law's standard of considering how a reasonable consumer would have acted, which the court found overcame several of the defendants' arguments.

As part of the class certification order, the court also appointed remaining plaintiffs Javier Cardenas and Rodney Baker as class representatives, rejecting several arguments from the defendants against the typicality of their claims.

Counsel for the plaintiffs and SET did not immediately respond to requests for comment.

The proposed class is represented by Peter Prieto, John Gravante III, Matthew Weinshall and Alissa Del Riego of Podhurst Orseck PA, Joseph H. Meltzer, Melissa L. Troutner, Tyler S. Graden, and Natalie Lesser of Kessler Topaz Meltzer & Check LLP, and Paul R. Kiesel, Jeffrey A. Koncius and Nicole Ramirez of Kiesel Law LLP.

Toyota is represented by Robert M. Brochin, Brian M. Ercole, Melissa M. Coates, Matthew M. Papkin, J. Gordon Cooney Jr., David L. Schrader, Lisa R. Weddle and Mark Feller of Morgan Lewis & Bockius LLP.

Southeast Toyota is represented by Robert E. Sacks of Shapiro Blasi Wasserman & Hermann PA.

The case is Javier Cardenas et al. v. Toyota Motor Corp. et al., case number 1:18-cv-22798, in the U.S. District Court for the Southern District of Florida.

-Editing by Dave Trumbore.

All Content © 2003-2022, Portfolio Media, Inc

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Class OK'd In Camry HVAC Odor Suit, But Not RICO Claims - Podhurst

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By Nathan Hale Law360 (December 8, 2021, 9:21 PM EST) - Attorneys from Podhurst Orseck PA and Kessler Topaz Meltzer & Check LLP will serve as class counsel in a class action over allegedly defective ventilation systems in certain Toyota Camry models just certified by a federal court in Miami, but the class will be smaller than initially sought.

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https://www.podhurst.com/toyota-faces-florida-class-alleging-it-hid-camry-a-c-system-flaw/

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Toyota Faces Florida Class Alleging It Hid Camry A/C System Flaw

December 7, 2021

* Allegedly defective HVAC caused mold, bad smell
* No class treatment for RICO claim

Toyota Motor Corp. and Southeast Toyota Distributors LLC must face a class of owners who allege they violated Florida consumer protection law by scheming to conceal mold problems in the air conditioning systems of certain Camry vehicles, a Florida federal court said.

The court certified a class of persons who bought 2012-2014 Camry vehicles from authorized Toyota dealers in Florida, saying common issues dominate the litigation.

But the U.S. District Court for the Southern District of Florida declined Monday to certify a class pursuing claims under the Racketeer Influenced and Corrupt Organizations Act on behalf of those who bought the vehicles from authorized Toyota dealers in the southeast.

Javier Cardenas and Rodney Baker allege a design flaw causes contaminants to become trapped in the heating, ventilation, and air conditioning systems, creating an environment for microbial growth. The defect then causes moldy smelling air to be expelled into the vehicle cabin, they said.

They alleged that Toyota and Southeast Toyota Distributors conspired to hide the HVAC defect from them and directed dealers to tell customers the smell was normal, in part to protect the brand and to avoid buybacks under Florida's Lemon Law.

The plaintiffs said they overpaid because of the alleged deception, and offered a consumer analysis that found the purported defect attributable to a 25% reduction in vehicle value.

Common issues predominate the claims under the Florida Deceptive and Unfair Trade Practices Act, the court said.

The plaintiffs have presented evidence that could show a design defect common to the class vehicles, and they can show that-as a class-they relied on the same alleged deceptive acts, the court said.

Plaintiffs can show reliance under Florida law by showing that consumers parted with their money as a result of alleged deception, the court here said.

And because the class has been revised to include only those who purchased a class vehicle from an authorized dealer, "a permissible inference" of common exposure to the alleged deceptive conduct may be drawn, the court said.

The plaintiffs also showed classwide evidence of damages, it said.

Their expert explained how the damages per class member and to the class as a whole can be calculated based on the amount of overpayment per vehicle, it said.

But the plaintiffs haven't offered classwide evidence of alleged deceptive conduct that's closely enough linked to their injury for purposes of a RICO claim, the court said. As a result, individual issues of RICO liability predominate over the common questions, Judge Federico A. Moreno said.

The court appointed Podhurst Orseck PA and Kessler Topaz Meltzer & Check LLP as class counsel. Morgan, Lewis & Bockius LLP and Shapiro, Blasi, Wasserman & Hermann PArepresented Toyota and Southeast Distributors.

The case is Cardenas v. Toyota Motor Corp. , S.D. Fla., No. 1:18-cv-22798, 12/6/21 .

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Toyota Faces Florida Class Alleging It Hid Camry A/C System Flaw - Podhurst

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December 7, 2021 * Allegedly defective HVAC caused mold, bad smell * No class treatment for RICO claim Toyota Motor Corp. and Southeast Toyota Distributors LLC must face a class of owners who allege they violated Florida consumer protection law by scheming to conceal mold problems in the air conditioning systems of certain Camry vehicles, a Florida federal court said.

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$127.5 million settlement over FBI errors in Parkland shooting: 'One step closer to justice

By DAVID FLESHLER
NOV 23, 2021 AT 5:16 PM

The father of a 14-year-old girl killed in the Parkland school shooting takes little satisfaction in winning a stunning $127.5 million legal settlement for the FBI's failure to follow up on tips that could have prevented the massacre.

"None of this feels good," said Fred Guttenberg, who filed the lawsuit about Jaime's death with his wife nine months after the shooting and was joined in the case by other families. "It brings us one step closer to justice and putting the legal realities of what happened to our families behind us."

The case involved tips to the FBI that the future killer Nikolas Cruz had told someone he planned to shoot up a school, made other threatening statements and brandished firearms on social media sites. The FBI fumbled the tips, and after the 2018 shooting acknowledged "grave errors" in how they were handled.

"They received, approximately 30 days beforehand, a specific, credible communication of a specific threat," Guttenberg said. "That's what made this different. And they didn't follow up. Had they done their job that day, the Parkland shooting would not have happened. My daughter would be alive. Sixteen others would be alive. I've always felt strongly about the FBI's failure above all others."
The shooting at Marjory Stoneman Douglas High School left 17 dead and 17 injured. Cruz pleaded guilty. A jury will decide whether he gets the death penalty in a trial scheduled for January.

The settlement in the FBI case, announced Monday, followed three years of motions and other legal skirmishing before the government decided to settle for an unusually large sum of money.

Kristina Infante, with the Miami law firm Podhurst Orseck, who is lead attorney for the families, said she thinks the federal government settled the case for three reasons: A trial date had been set, the judge had rejected the government's arguments that it could not be held liable, and facts had come out that strengthened the families' case.

The government, for example, had argued that other agencies, such as the Broward Sheriff's Office, had also fumbled tips about the future shooter, so the responsibility for failing to act was widely shared.

But in the pre-trial investigation, she said, it became clear that only the FBI had received specific tips that the future killer intended to shoot up a school.
"The FBI had specific information that the shooter had threatened to carry out a school shooting and had threatened to kill other people," she said. "Those are particular to the FBI's knowledge before the shooting. The FBI, as far as I know, was the only entity that was told this is someone making these kinds of specific threats of harm to others."

Officials with the U.S. Department of Justice, which encompasses the FBI and which defended the lawsuit, did not respond to requests for comment.

In one tip, a bail bondsman told the FBI that Cruz had sent him a message on YouTube saying "I'm going to be a professional school shooter." Although the FBI interviewed the bail bondsman, the agency closed the file without taking further action.

In another tip, received just a month before the shooting, the FBI received a tip from an anonymous caller that Cruz might commit a school shooting. The caller described photos on social media sites of Cruz posing with rifles and small animals he had killed.

"I know he's going to explode," the caller said.

That tip was not forwarded to the FBI's South Florida field office.
Guttenberg learned of that tip while buying a casket for Jaime. An FBI agent gave him the news.

"Are you telling me that if the FBI did not make a mistake and did their job a month sooner, my daughter would still be alive today?" Mr. Guttenberg asked, according to the lawsuit.

"I'm afraid so, sir," the agent replied.

Today, Guttenberg describes that phone call as a shattering experience.

"I'll never, ever, ever recover from the phone call I got from the FBI the day I was planning Jaime's funeral and picking out the casket," Guttenberg said Tuesday. "That's when they called me to tell me they messed up. I'll never get over that."

Steven Marks, a partner in Podhurst Orseck, said the government settled the case partly because "it would have been very embarrassing for them to have a public trial, given all the facts that we've uncovered in discovery over the last couple of years."

One of the next steps will be to figure out how to fairly distribute the money, which he said won't do much to compensate grieving families but does represent the government's admission of failure.

"It was important for the government to step up and take responsibility and try to compensate as best they can, which is impossible to do under these circumstances," he said. "But at least it's an acknowledgment that they dropped the ball. And hopefully because of this effort, it will never occur again."

"If there's anything that I think would comfort the families at least a little bit is that hopefully these efforts will result in changes in procedures so this tragedy will never happen again. That's our hope."

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$127.5 million settlement over FBI errors in Parkland shooting: ’One step closer to justice – Podhurst

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By DAVID FLESHLER NOV 23, 2021 AT 5:16 PM The father of a 14-year-old girl killed in the Parkland school shooting takes little satisfaction in winning a stunning $127.5 million legal settlement for the FBI's failure to follow up on tips that could have prevented the massacre.

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Information on the elements of a medical malpractice claim, including the applicable standard of care, the role of expert testimony, and pre-suit procedures.

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A " class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL"). People seek justice in class action lawsuits when their injuries have been caused by defective products, including pharmaceutical drugs, motor vehicles and other consumer products, and medical devices. Other types of conduct over which people have sued as a class include consumer fraud, corporate misconduct, securities fraud, and employment practices. A type of class action lawsuit is the "mass tort" action. Mass tort litigation is a multi-party lawsuit based on a massive accident, such as an airplane crash, in which many people are injured or widespread personal injuries caused by a defective product, such as a medical device.

If you have been injured by a product or person and you think there are others in your situation, you should seek legal counsel from an attorney who is experienced in representing classes of injured people in this specific type of lawsuit. You can also learn more on our class actions law legal answers page.

What is a Class Action Lawsuit and What is its Purpose?

The class action vehicle is used generally when a number of people have suffered the same or similar injuries. Often many of the individuals' injuries were relatively minor, such that they might not pursue legal redress on their own. Together, however, the value of the claims of the class add up, and suing as a class means consolidating the attorneys, defendant, evidence, witnesses, and most other aspects of the litigation. If the number of people affected by the product or conduct is high, it becomes impractical or even impossible for them to file individual lawsuits. When such an action is permitted, the group files the lawsuit with a representative plaintiff -- called a "named plaintiff" or "lead plaintiff" -- at the forefront.

There are many examples of class action lawsuits. A class may consist of a group of employees who were subjected to race discrimination, a number of patients who were prescribed a drug with injurious side effects, a neighborhood of residents whose homes or families were injured by a toxic spill, all the consumers who purchased a defective product that caused their injuries, or corporate investors who suffered fraud in the purchase or sale of stocks and other securities.

Opting In: Notice to Potential Class Members

Every person who would be affected by the court's decision in the class action is entitled to notice that the action has started. Although it usually is not possible to give every such individual personal notice, all persons who might be affected are entitled to the best notice possible. The court will order that the class representative, through his or her attorneys, make reasonable attempts to notify any unknown class members by general media such as television, an advertisement in a magazine or newspaper, or a posted flyer. The court will tailor the type of notice required to the particular facts of the case.

Those people who are notified then have the opportunity to join in the action -- called "opting in" -- or to decide not to participate as a member of the class -- that is, to "opt out." In some cases, individuals don't have the opportunity to opt out. That is, if the action been filed over particular injuries caused by a particular defendant, all people who are similarly situated are automatically in the class and must live with the outcome.

Class action cases involve extensive research, even more than in the typical individual lawsuit. Your attorneys will work to gather evidence to prove that the defendant's product or conduct harmed the class.

Benefits of Class Actions

The class action lawsuit brings together and disposes of thousands of claims at one time that are impractical to litigate individually, making the process much more efficient. The judge decides the basic question of who wins with regard to the entire group. If the defendant wins, the class lawsuit is dismissed and the individuals in the group are prohibited from filing new or individual lawsuits over the same issue against the same defendant. If the class of plaintiffs wins, the court finds the defendant liable for the plaintiffs' injuries, and the amount of recovery is later divided among the plaintiffs.

Because it aggregates small claims, the class action format lowers the often-high cost of litigation. Also, class actions are usually brought by attorneys who are particularly trained and experienced in litigating and managing complicated lawsuits. Although class actions require much more work than the typical civil lawsuit, class action attorneys have what it takes to represent the plaintiffs in the class action.

Another benefit of the class action is that it seeks to ensure that all injured plaintiffs receive something. It may be the case that the defendant is bankrupt or for some other reason cannot afford to pay each individual the full amount necessary to cover his or her losses. When the class wins the lawsuit, each participant receives some payment, even if it is not an amount to fully cover damages. Absent a class action, payment by the defendant would be on a first-come, first served basis.

Class Action Judgments

In a class action, the court's decision applies to every participant who has opted into the class. All individuals who fit within the court's original definition of a class member are bound by the final court decision, even if they never actually go to court or otherwise participate in the lawsuit.

Payment to the participants in the class action usually follows a "plan of distribution." With the help of the parties and their attorneys, the judge develops the plan to distribute the amount that the plaintiff class won in the lawsuit minus the attorneys' fees and litigation costs. Each member of the class may receive a certain percentage of the total amount fund or may receive a certain dollar figure. In some cases, the attorneys seek and obtain permission for an individualized, in-depth review of each participant's claim, so as to tailor the amount awarded to each class member to the "value" of his or her claim. This method is relatively rare, however, especially in large class actions.

When the parties in a class action lawsuit decide to settle, the presiding judge must approve the settlement, making sure it is fair to all parties.

Consider Meeting with Class Action Lawsuit Attorney

If you have been injured by a product's side effects, an environmental spill in your neighborhood, mistreatment by your employer, or some other civil wrong that has affected multiple people, the best means of redress is a class action. Accordingly, when seeking legal counsel, the best approach is to find an attorney who understands class action lawsuit process.

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A " class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL").

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Fresh Off $42M Settlement, Miami Lawyer Says ‘It’s About Time’ South Florida Judges Receive More MDLs

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Fresh Off $42M Settlement, Miami Lawyer Says ‘It’s About Time’ South Florida Judges Receive More MDLs

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Multidistrict litigation is fast permeating federal courts, according to Podhurst Orseck partner Peter Prieto. He’s landed another settlement agreement in Miami’s ongoing multidistrict litigation over defective Takata Corp. air bag inflators, which prompted the largest car safety recall in U.S. history.

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Fresh Off $42M Settlement, Miami Lawyer Says 'It's About Time' South Florida Judges Receive More MDLs

" The stats show that about half, or little bit more than half, of cases in the federal courts are MDLs."

By Raychel Lean | September 16, 2021 | Law.com

Multidistrict litigation is fast permeating federal courts, according to Podhurst Orseck partner Peter Prieto. He's landed another settlement agreement in Miami's ongoing multidistrict litigation over defective Takata Corp. air bag inflators, which prompted the largest car safety recall in U.S. history.

Volkswagen Group of America Inc. has agreed to shell out $42 million, making it the eighth of 11 automaker defendants to settle with consumers over its use of Takata air bags in more than 1.3 million Volkswagen and Audi vehicles.

Prieto is court-appointed lead counsel in the Takata MDL - a form of litigation he said is becoming especially prevalent.

"The stats show that about half, or little bit more than half, of cases in the federal courts are MDLs," Prieto said. "It's becoming a common way of dealing with either large numbers of class actions filed around the country or a large number of mass tort cases filed around the country. Both those kinds of cases have become more common, and the way to get those efficiently resolved in front of one judge is through an MDL."

That means now could be the time for South Florida to shine, in Prieto's view.

"I think it's about time the judges in South Florida receive more MDLs," he said. "We have a very sophisticated judiciary and a very sophisticated bar, and that's become obvious since the judges in our district are receiving more MDLs than ever before."

The Takata MDL was born in February 2015 and the plaintiffs' leadership team was appointed in 2017. Since then, they've secured more than $1.5 billion in settlements. Japan's Takata paid $1 billion to resolve the U.S. Justice Department's criminal probe over the air bags, and its U.S. subsidiary TK Holdings Inc. filed for Chapter 11 bankruptcy.

Which automakers have settled Takata air bag litigation so far?

Which automakers are still litigating?

It's one of the biggest MDLs in the country and has involved more than 320 depositions so far.

"This litigation was somewhat unique in that we always had two goals, two objectives, which were that any settlement would, No. 1, try to remove defective inflators from our client's vehicles, and No. 2, we wanted to provide our class members cash compensation for buying a vehicle with this kind of a defect. And we did that," Prieto said.

VW and Audi's attorneys include Gerald E. Greenberg, Adam Michael Schachter and Mikayla Kiersten Espinosa of Gelber Schachter & Greenberg in Miami and Robert J. Giuffra Jr. and Suhana S. Han of Sullivan & Cromwell in New York. Takata's lawyers are Stephen J. Krigbaum and Michael D. Sloan of Carlton Fields' West Palm Beach office, and Keith A. Teel and Shankar Duraiswamy of Covington & Burling in Washington.

They did not immediately respond to requests for comment.

Prieto said the settlement with VW, which is still subject to court approval, came once the parties realized it was time to either try the case or resolve it.

"Both sides agreed to settle the case because, as we all know, whether you're a lawyer or litigant, there are risks to both sides, and after three years of litigation and lots of time, effort and expenses, we thought that a settlement now was appropriate and the settlement that we reached was reasonable," Prieto said.
'No secret sauce'
MDLs are by nature large and complex, but Prieto said he's found that old-fashioned elbow grease is what it takes to be successful.

"There's no secret sauce or secret science to litigating these complex cases. It just requires a lot of time, hard work and effort, and eventually the cases either get resolved or they get tried," Prieto said. "I think the most important thing is to give it your all, be patient and be focused. Keep moving forward and litigating as hard as you can, but as professionally as you can."

One concern plaintiffs attorneys have in the MDL space is what Prieto describes as excessive rule making. One movement seeks to add interlocutory appeals for certain issues in MDLs; for instance, which Prieto argues would cause unnecessary delays.

"The existing rules for multidistrict litigation, including the rules of civil procedure, provide sufficient rules, discretion and authority for federal judges to handle MDLs," Prieto said. "I don't believe any additional rules are necessary. We've got great federal judges in this district and they're able to handle MDLs with the existing rules that they have."

Litigation is ongoing against Mercedes-Benz, General Motors Co. and Chrysler's parent company, FCA North America Holdings Co.,which, along with VW, were hit with lawsuits in 2018. After expert discovery, the plaintiffs plan to file motions for class certification. U.S. District Judge Federico A. Moreno is presiding over the litigation.
Copyright 2021. ALM Media Properties, LLC. All rights reserved.

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Fresh Off $42M Settlement, Miami Lawyer Says 'It's About Time' South Florida Judges Receive More MDLs - Podhurst

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" The stats show that about half, or little bit more than half, of cases in the federal courts are MDLs." By Raychel Lean | September 16, 2021 | Law.com Multidistrict litigation is fast permeating federal courts, according to Podhurst Orseck partner Peter Prieto.

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VW reaches $42 million settlement with U.S. owners over Takata air bags

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VW reaches $42 million settlement with U.S. owners over Takata air bags

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Volkswagen’s (VOWG_p.DE) U.S. unit has agreed to a $42 million settlement covering 1.35 million vehicles that were equipped with potentially dangerous Takata air bag inflators, according to documents filed in U.S. District Court in Miami.

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VW reaches $42 million settlement with U.S. owners over Takata air bags

By David Shepardson

WASHINGTON, Sept 1 (Reuters) - Volkswagen's (VOWG_p.DE) U.S. unit has agreed to a $42 million settlement covering 1.35 million vehicles that were equipped with potentially dangerous Takata air bag inflators, according to documents filed in U.S. District Court in Miami.
The settlement is the latest by major automakers and much of the funding goes to boosting recall completion rates. To date, seven other major automakers have agreed to settlements worth about $1.5 billion covering tens of millions of vehicles.

VW did not immediately comment.

The defect, which leads in rare instances to air bag inflators rupturing and sending dangerous metal fragments flying, prompted the largest automotive recall in history.
To date, at least 19 U.S. deaths have been attributed to faulty Takata air bag inflators. Honda Motor Co (7267.T) said in April it had confirmed the 19th U.S. death tied to a ruptured Takata air bag inflator since 2009 - and the 16th in one of its vehicles.

Honda reached an earlier $605 million civil settlement with owners similar to the Volkswagen settlement.

More than 400 injuries are also tied to faulty Takata inflators and at least 28 deaths worldwide. There have been two U.S. Takata deaths in Ford Motor Co (F.N) vehicles and one in a BMW (BMWG.DE).
Ford previously reached a $299.1 million civil settlement with owners, while BMW agreed to a $131 million settlement.

The Takata recalls cover about 100 million inflators among 19 major automakers worldwide, including about 67 million inflators in the United States.

The VW settlement, like earlier ones, covers rental car and out-of-pocket costs, including lost wages and childcare costs, that owners had or may face getting vehicles repaired or while awaiting repairs.
Court documents say around 35% of the inflators in Volkswagen and Audi vehicles that have been or will be recalled have not been repaired.

Peter Prieto, a lawyer for the owners who sued, said the owners would "vigorously prosecute our claims against Mercedes Benz, General Motors and FCA to ensure that our clients obtain the relief they deserve."

GM (GM.N), Daimler AG (DAIGn.DE) and FCA parent Stellantis (STLA.MI) did not immediately comment.

Reporting by David Shepardson; Editing by Peter Cooney
Our Standards: The Thomson Reuters Trust Principles.

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VW reaches $42 million settlement with U.S. owners over Takata air bags - Podhurst

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By David Shepardson WASHINGTON, Sept 1 (Reuters) - Volkswagen's (VOWG_p.DE) U.S. unit has agreed to a $42 million settlement covering 1.35 million vehicles that were equipped with potentially dangerous Takata air bag inflators, according to documents filed in U.S. District Court in Miami.

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Florida Trend Recognizes Podhurst Orseck Attorneys in 2021 Florida Legal Elite

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Florida Trend Recognizes Podhurst Orseck Attorneys in 2021 Florida Legal Elite

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The 2021 edition of Florida Trend’s Florida Legal Elite has recognized three Podhurst Orseck attorneys.

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Florida Trend Recognizes Podhurst Orseck Attorneys in 2021 Florida Legal Elite

Florida Trend Recognizes Podhurst Orseck Attorneys
in 2021 Florida Legal Elite

MIAMI - July 7, 2021 - The 2021 edition of Florida Trend's Florida Legal Elite has recognized three Podhurst Orseck attorneys. Now in its 18th year, the Florida Legal Elite presents the state's top licensed and practicing attorneys selected by their peers.

Aaron Podhurst and Robert C. Josefsberg were featured in the Legal Elite Hall of Fame, which is comprised of a distinguished group of attorneys who have consistently earned high rankings from their peers in the annual Legal Elite voting.

Podhurst has been a distinguished trial lawyer for more than fifty years focusing his work on aviation and commercial litigation, while Josefsberg has spent his fifty plus year career specializing in commercial litigation and criminal law. Prieto is recognized in the Commercial Litigation category for his focus on complex commercial litigation, including class actions, and white-collar criminal defense.

This year, less than two percent of active Florida Bar members practicing in Florida were recognized as Florida Legal Elite. Florida Trend invites all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. Over 700 law firms throughout the state are represented, with Miami taking the top spot as the city with the most honorees.

You can view the 2021 edition of Florida Trend's Florida Legal Elite here.
About Podhurst Orseck
Founded by Aaron Podhurst and Robert Orseck in 1967, Miami-based Podhurst Orseck, P.A., is a top-flight boutique trial and appellate firm with a global reputation for its tort litigation involving aviation, complex commercial and class action, white collar defense, and personal injury. Additionally, the firm has a strong appellate practice, handling appeals for its own attorneys and attorneys throughout the nation, in various state and federal appellate courts, including the United States Supreme Court. The firm has consistently received an AV-Rating from Martindale-Hubbell Law Directory, the highest possible rating, based on legal ability and general ethical standards. For more information, please visit www.podhurst.com.

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Florida Trend Recognizes Podhurst Orseck Attorneys in 2021 Florida Legal Elite - Podhurst

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Florida Trend Recognizes Podhurst Orseck Attorneys in 2021 Florida Legal Elite MIAMI - July 7, 2021 - The 2021 edition of Florida Trend's Florida Legal Elite has recognized three Podhurst Orseck attorneys. Now in its 18th year, the Florida Legal Elite presents the state's top licensed and practicing attorneys selected by their peers.

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Commercial flights are the fastest and one of the safest means of travel, but that doesn't mean the trip always goes smoothly. It is not uncommon for flights to be delayed or canceled, or for baggage to be lost. Many minor inconveniences and unexpected charges can be handled with the airline itself, but what do you do when the airline won't resolve the issue? Or what if you have a more serious issue, such as an injury or discrimination complaint?

There are multiple government agencies that oversee air travel, and it is important to contact the correct one depending on the nature of your complaint.

Department of Transportation (DOT)

This agency oversees airline service issues. In most cases, you should try to resolve the issue with the airline before contacting the DOT. If you are unable to get a satisfactory resolution at the airport, you will want to check the airline's website to find out how to register a complaint with their corporate headquarters. The DOT requires airlines to let consumers know how to file a complaint and to respond to them within 60 days.

If the airline fails to resolve the issue, you can file a complaint directly with the DOT. Once a complaint is filed, a Transportation Industry Analyst will forward the complaint to the airline, who is required to respond to the DOT and the consumer who filed the complaint. Once they receive the airline's response, the Analyst will determine if a violation occurred and forward the information to an attorney to review.

The results of the investigation will be mailed to the consumer and airline, but it may take some time to process due to the high volume of complaints. They may require that the airline offer the consumer financial compensation, or issue a fine to the airline for serious offenses. The DOT also compiles all complaints in monthly reports that are available to the public.

Canceled Flights

The airline or booking agency is responsible for refunding canceled flights if you rebook elsewhere. If they fail to do so, contact your credit card company and file a complaint with the DOT.

Undisclosed Baggage Fees

Airlines and booking agencies are required to disclose all baggage fees at the time the reservation is made. If you arrive at the airport and are charged an unexpected baggage fee, report it to the agency or website where you booked, as well as to the DOT. If you can prove that you were not notified of the fee, you are entitled to a refund.

Delayed Flights

According to DOT regulations, if a plane is delayed on the tarmac for more than two hours, they must provide the passengers with food and water. If it is more than three hours, they are required to give passengers the option to deplane. If the flight is delayed before the passengers board, some airlines may offer food vouchers, but each one has its own policy.

Lost Baggage

If an airline loses your luggage, you will need to check the airline's policy and register a complaint with them. The liability limit is set at $3,400 on domestic flights, so if they claim they are not able to provide adequate compensation, you should report them to the DOT.
Overbooked Flights
If you are denied boarding for your flight due to overbooking, you are entitled to compensation under federal law. The airline may offer you a voucher instead, but you should report them to the DOT if they offer the voucher but fail to disclose the compensation option.

Disability Access and Discrimination

The DOT prohibits unlawful discrimination due to disability, race, national identity, gender, religion, or sexual orientation. If you experience unlawful discrimination from an airline employee or one of their contractors, they should be reported to the DOT. Depending on the nature of the issue and the employee in question, you may be able to file complaints with the FAA or TSA as well.

Federal Aviation Administration (FAA)

The FAA oversees the safety of passengers in airports and while on the plane, as well as the actions of air traffic controllers. Safety violations and concerns should be reported for the protection of all passengers. You can also file a complaint with them against an airport or airline for disability access or discrimination issues.

Transportation Security Administration (TSA)

This agency handles airport security. If you notice a security issue or have experienced discrimination or unlawful searches by a TSA employee, you can file a complaint with them directly.

When To Take Legal Action

There are some cases where reporting to an agency is insufficient. For major or unresolved issues, or in cases where someone is injured, you may want to seek legal advice.

Class Actions

If you find out there is already a class action lawsuit against the airline in question for your particular issue, you may be able to be included in the suit. Or, if you find that many customers are having the same issue, you can contact a class action attorney yourself about filing a suit.

Injuries

Airlines have a heightened duty of care when it comes to ensuring the safety of their passengers. Nevertheless, passengers are routinely injured by falling objects from overhead bins, food cars, turbulence, or defective products. If the injury is caused by the negligence of airline employees, you are entiltled to compensation and should contact an attorney that specializes in inflight injuries.

Plane Crashes

Plane crashes are rare, but are serious when they occur. According to the Montreal Convention, the airline is liable if passengers are injured or killed in a plane crash. Most of the world's countries have ratified this treaty, but not all. This is another situation when you will want the advice of an attorney, preferably one that has experience with aviation accidents.

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Commercial flights are the fastest and one of the safest means of travel, but that doesn't mean the trip always goes smoothly. It is not uncommon for flights to be delayed or canceled, or for baggage to be lost.

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Litigation Leaders: Peter Prieto Discusses the 3 Big Opportunities of 2021

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Litigation Leaders: Peter Prieto Discusses the 3 Big Opportunities of 2021

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Litigation Leaders: Peter Prieto Discusses the 3 Big Opportunities of 2021

For more than 25 years, Podhurst Orseck partner Peter Prieto has focused his practice on complex commercial litigation, including class actions and white-collar criminal defense. He has represented clients in an array of civil litigation, including business and employment disputes, health care, antitrust, product liability, anti-corruption law and class action litigation.

Prieto serves as the only Florida lawyer on the plaintiffs' executive committee in In re General Motors LLC Ignition Switch Litigation MDL No. 2543.

Here, he discusses law during the pandemic, and the biggest trends emerging in complex commercial litigation. His answers have been edited for length, clarity and news style.
What was your biggest lesson in 2020?
That life both personally and professionally can change in an instant, and that it's important to be able to adapt and change. Even more important is to not take for granted some of the things we do routinely, whether it's shaking hands or hugging a friend or relative, or sharing a meal with a friend or colleague.
What's the biggest litigation trend you're seeing right now?
I would say the biggest trend as of now appears to be antitrust. We have a pending antitrust case against Norwegian Salmon Farmers here in South Florida. We also have an antitrust case, which was dismissed and is currently on appeal against Burger King. They have no-poach agreements in their franchise agreements. The case dealt with franchisees being prohibited from recruiting employees of another franchisee, which we alleged depresses wages among Burger King employees. We are also involved in an antitrust case, alleging price fixing and allocation of territories against numerous Blue Shield and Blue Cross entities that is pending in Alabama, and is considered one of the largest antitrust cases ever filed. With antitrust trending, and the Biden administration ramping up antitrust enforcement, we'll likely be seeing more antitrust cases being filed.

Another area which has also been trending for a while now are automotive defect cases. The Takata air bags, which involved defective air bags and the largest automotive recall in U.S. history, is being litigated right here in our District. And there are many other similar defect cases here in our District as well as around the country.
Are there any big areas of opportunity for your practice in 2021?
I think the three areas on the commercial and class action side of our practice that are significant are antitrust, consumer litigation which are generally class actions by consumers whether they are purchasing cars or dealing with financial institutions. Another big area is likely to be environmental litigation given some of the emphasis on climate change and the environment.
How would you say the court closures has affected your practice?
The biggest effect the court closures have had on every litigator's practice, especially those who practice on the plaintiff's side, is that if you don't have the deadline or threat of a jury trial, cases take longer to settle. Although cases have moved forward via Zoom and other technology, you can't try those cases. So I believe the biggest impact is not having trials, especially jury trials, which I think at the end of the day brings parties to the table and the cases are settled.
What do you think is the most important thing for you and perhaps other lawyers to focus on at this point in the pandemic?
The biggest thing for all lawyers is how to transition back to in-person hearings, depositions and trials. I believe what is on most people's minds is the transition back to normality, and how we will proceed to do it while staying safe.
What distinguishes your firm from others? What makes you unique?
What distinguishes our firm from others is the high quality of the work that our firm produces across the board, and more importantly the results it achieves in large and sophisticated cases. We do a lot of work on contingency, which carries a great deal of risk, though we minimize that risk somewhat by carefully vetting our cases. So those three qualities high quality, results and risk are what makes our firm unique.
Can you cite tactics that exemplify your firm's approach to success?
One of our best and most important tactics starts at the beginning, we do our due diligence on the cases that we bring. We don't believe in bringing cases that we don't think are good cases that are not going to succeed. Although we don't always get it right, investigating and determining if a case is worth filing in the first place is definitely a factor in our firm's success.
Copyright 2021. ALM Media Properties, LLC. All rights reserved.

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Litigation Leaders: Peter Prieto Discusses the 3 Big Opportunities of 2021 - Podhurst

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For more than 25 years, Podhurst Orseck partner Peter Prieto has focused his practice on complex commercial litigation, including class actions and white-collar criminal defense. He has represented clients in an array of civil litigation, including business and employment disputes, health care, antitrust, product liability, anti-corruption law and class action litigation.

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Lawyers Avoid Sanctions But Client Can’t Escape $5M Judgment, Attorney Fees

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Lawyers Avoid Sanctions But Client Can’t Escape $5M Judgment, Attorney Fees

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Lawyers Avoid Sanctions But Client Can't Escape $5M Judgment, Attorney Fees

Florida's Third District Court of Appeal ruled that counsel for Continental Motors Inc. have dodged Miami-Dade Circuit Court-imposed sanctions.

However, Ricardo M. Martinez-Cid and Lea P. Bucciero, partners at Podhurst Orseck in Miami who represented widow Carly Johnson, said opposing counsel's client is still on the hook for attorney fees and a multimillion-dollar lower court judgment.

"This decision is an absolute victory, upholding a $5 million judgment," Martinez-Cid said. "Although it does overturn a $25,0000 sanction, that did not condone the conduct, or say that the conduct was not sanctionable, but only found that the judge had not made a finding that on the record would support it."

According to court documents, the dispute dated back seven years, when Johnson sued Continental Motors and several other aviation entities in the circuit court for negligence in the fatal aircraft crash of her husband, Timothy.

The litigation, over which Miami-Dade Circuit Judge Peter R. Lopez presided, resulted in an award of damages for Johnson's loss of companionship, mental pain and suffering, and the loss of her husband's prospective net accumulations to the estate, according to court documents.

Now, as a result of the state appellate ruling, Martinez-Cid said he will ask the circuit court to approve a six- or seven-figure attorney fee award in an upcoming hearing.

Douglas E. Winter, counsel at Bryan Cave Leighton Paisner in Washington, D.C., who was among the attorneys who represented Continental Motors in the litigation, declined to comment.

Martinez-Cid said the controversy over sanctions stemmed from how zealously Continental Motors fought the case in both the circuit court and the Third DCA to avoid liability from similar pending litigation.

"We had shown the court during a full hearing that Continental Motors and its counsel had engaged in inappropriate conduct in cases all over the country," Martinez-Cid said. "They have been sanctioned previously by other courts based upon a willful disregard of the court's orders."

Martinez-Cid pointed to counsel for Continental Motors withholding tens of thousands of documents until just days before the trial.

The Podhurst Orseck attorney said the sanction order resulted from the judge instructing opposing counsel to "turn over the documents by Friday or I would have to sanction you." Continental Motor's counsel continued to ignore the court's directive, consistent with how the company acted in related ongoing litigation across the country.

But Third DCA Judges Norma S. Lindsey, Thomas Logue and Fleur J. Lobree reversed the sanction order.

"The assessment of a fine for failure to comply with an order compelling discovery 'must be predicated upon a finding of contempt,'" the judges ruled. "Because the sanctions order in this case explicitly finds that the attorneys' failure to comply 'was not willful, deliberate and contumacious,' we reverse the portion of the order imposing the fine."

Still, Martinez-Cid said the ruling would have significant implications for at least six other cases against Continental Motors.

"There have been a number of cases around the country with accidents and incidents involving a defect in its engines," Martinez-Cid said. "We are the first case to have ever gone to trial on that and that is one of the reasons why they fought so tenaciously to avoid the trial altogether."

Copyright 2021. ALM Media Properties, LLC. All rights reserved.

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Lawyers Avoid Sanctions But Client Can't Escape $5M Judgment, Attorney Fees - Podhurst

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Florida's Third District Court of Appeal ruled that counsel for Continental Motors Inc. have dodged Miami-Dade Circuit Court-imposed sanctions. However, Ricardo M. Martinez-Cid and Lea P. Bucciero, partners at Podhurst Orseck in Miami who represented widow Carly Johnson, said opposing counsel's client is still on the hook for attorney fees and a multimillion-dollar lower court judgment.

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Lawyers: New evidence strengthens salmon price-fixing lawsuit

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Lawyers: New evidence strengthens salmon price-fixing lawsuit

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The lawsuit, filed in Miami, Florida, U.S.A. in 2019, makes the claim that major players in Norway’s farmed salmon industry exchanged competitively sensitive information among themselves, with the aim of artificially controlling the price of farm-raised salmon sold in the United States.

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Lawyers: New evidence strengthens salmon price-fixing lawsuit

By Cliff White

Last week, a motion to dismiss a class-action lawsuit filed in the United States against four major Norwegian salmon farming firms was denied, allowing the suit to proceed. The lawsuit, filed in Miami, Florida, U.S.A. in 2019, makes the claim that major players in Norway's farmed salmon industry exchanged competitively sensitive information among themselves, with the aim of artificially controlling the price of farm-raised salmon sold in the United States.

Lawyers from the two law firms representing the direct purchaser class in the suit spoke to SeafoodSource on Monday, 29 March, to explain their next steps and answer questions about the case. Peter Prieto, a partner with Miami-based Podhurst Orseck, said the decision was "a solid victory because antitrust cases oen get dismissed at this stage." Michael Lehmann, a partner with San Francisco, California, U.S.A.-based Hausfeld LLP , previously said the case was in some part dependent on the outcome of ongoing European Commission and U.S. Department of Justice investigations, but told SeafoodSource that as the case has proceeded, it can now stand on its own merits.

Prieto: I don't think our case is dependent on those investigations; They're pursuing their own evidence. We have been given the opportunity to obtain records as well as sworn testimony from the defendants. Usually those types of criminal investigations run parallel to civil cases, but one really doesn't have to do with the other, really. Also one distinction, in criminal cases, at least in the U.S., have to prove beyond reasonable doubt, whereas in civil cases, we just have to prove a preponderance of evidence, so that's a significant factor of difference here.
Lehmann: If you look at the second consolidated complaint, we state that the NASDAQ Salmon Index was heavily manipulated and that caused prices to rise as a result. That manipulation was carried out partially as a result of intracompany sales of salmon to [Mowi subsidiary] Morpol. Not all of that is spelled out in either the U.S. Department of Justice or European Commission's investigations.

SeafoodSource: The second amended complaint includes a significant shift in its focus on alleged manipulation of the NASDAQ Salmon Index, which was not mentioned in the original complaint. Why did you choose to home in on that in your amended complaint?

Lehmann: Keep in mind the identity of the committee-members that set the NASDAQ Salmon Index is a closely guarded secret that's not made public or disseminated by NASDAQ. We only found out about the membership in the index as a result of documents produced to the U.S. Department of Justice and European Commission. That and other information contained in those court-ordered documents allowed us to bring that into our discussions. We always had a suspicion the NASDAQ Salmon Index played a role, but without the ability to identify its participants, we didn't have the facts to support those allegations.
Prieto: In short, we just followed the evidence.

SeafoodSource: Are you concerned at all that the case might be frozen if and when E.U. or U.S. authorities decide to bring criminal charges?

Prieto: I think we have no indication that this case will be stayed pending a criminal investigation or case, though I don't think we're in a position to speculate if there will be a criminal case - that's not up to us, it's up to the Department of Justice.

SeafoodSource: Do you have any estimate of the purported damages caused by the price-fixing your clients allege?

Lehmann: The answer to that is, at present, we do not have any estimate of damages. We know there have been substantial volumes of farmed salmon sold into the U.S. over the last several years, including up to the beginning of the damage class period. What we lack is a transactional database that would allow us to compute the various sales and how they changed over time. We will be developing a damage analysis as we get transactional data from wholesale sales in the U.S.

SeafoodSource: Now that the case has formally been allowed to proceed, what are your next steps?

Prieto: We're pleased with the court order, because now we're permitted to proceed to discovery on the very strong allegations that we've made in the complaint. So we'll be able to obtain documents and sworn testimony from some of the key witnesses in the case.

SeafoodSource: Who will be some of the individuals and experts from whom you hope to obtain testimony?

Prieto: It's a bit too early to identify those witnesses, but we're going to be doing that shortly.
Lehmann: We provided a list in the second consolidated complaint, and it's entirely possible we'll be seeking discovery from at least some of those individuals.

SeafoodSource: Do you think the schedule the judge has constructed - which calls for a trial to begin in May 2023 and attempted mediation to take place in June 2021 - is realistic?

Prieto: We have a very efficient judge on this particular case, and believe the schedule she has set is reasonable and we'll doing everything we can to try to meet it.

SeafoodSource: How is this case similar or different to the canned tuna price-fixing class-action lawsuit, resolved last year?

Lehmann: My firm was also involved in that case, and from my perspective, I think the two cases are somewhat different. The tuna case involved multilateral phone calls and meetings during which discussions took place about setting the price of tuna. Various companies discussed it among themselves and used the telephone to communicate with each other. Some of that is alleged to have gone on here as well, but one thing that separates the salmon case from the tuna case is that here, worldwide prices were set utilizing the NASDAQ Salmon Index. We allege these companies engaged in a successful strategy for manipulating those prices upward by adding panelists to the committee, which then set that price on the index, essentially pushing them upward and thereby setting a floor on wholesales prices across the world, including in the U.S. There is no similar index in tuna, and that conspiracy relied on all the major players working together directly to set their prices. Another difference is that the geographies of the companies are different, with the allegations in the second amended complaint showing some of the activity occurred in Europe, while in the tuna case, even though there were some allegations that involved behavior in Asia, most of the case centered around issues that took place in the U.S.

SeafoodSource: Does it complicate your case that the defendants are all based in Europe?

Prieto: Anytime evidence is located abroad, it does create challenges. We're hoping to meet those challenges and hopefully get defense's cooperation on those kind of evidentiary issues.

SeafoodSource: Are you or your clients open to a settlement agreement in this case?

Prieto: In every case, the court will order mediation, so the parties can address a potential resolution in the case. In this case, the court has ordered that we agree on a mediator or she will appoint a mediator. At this point, that's all we can say.
Lehmann: A settlement that benefits and appropriately compensates our class and our clients is something that we would always consider.

Photo courtesy of Podhurst Orseck and Hausfeld LLP

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Lawyers: New evidence strengthens salmon price-fixing lawsuit - Podhurst

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By Cliff White Last week, a motion to dismiss a class-action lawsuit filed in the United States against four major Norwegian salmon farming firms was denied, allowing the suit to proceed. The lawsuit, filed in Miami, Florida, U.S.A.

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Judge Allows Price-Fixing Class Action Against Major Salmon Firms

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Judge Allows Price-Fixing Class Action Against Major Salmon Firms

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The lawsuit accused seafood powerhouses of violating the Sherman Antitrust Act when they allegedly exchanged competitively sensitive information to control the price of farm-raised salmon purchased by American seafood buyers.

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Judge Allows Price-Fixing Class Action Against Major Salmon Firms - Podhurst

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The lawsuit accused seafood powerhouses of violating the Sherman Antitrust Act when they allegedly exchanged competitively sensitive information to control the price of farm-raised salmon purchased by American seafood buyers. By Michael A. Mora | March 26, 2021 Something fishy is going on in litigation in the Southern District of Florida.

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‘The Doctors’ Producer Must Face Botched Surgery Suit In Fla

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‘The Doctors’ Producer Must Face Botched Surgery Suit In Fla

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The Los Angeles-based production company for CBS’ “The Doctors” must face negligence claims in Florida state court over an alleged botched buttocks reduction surgery it arranged in connection with the television show, a Miami-based judge ruled Thursday.

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'The Doctors' Producer Must Face Botched Surgery Suit In Fla

Law360 (February 4, 2021, 10:27 PM EST) - The Los Angeles-based production company for CBS' "The Doctors" must face negligence claims in Florida state court over an alleged botched buttocks reduction surgery it arranged in connection with the television show, a Miami-based judge ruled Thursday.

Miami-Dade County Circuit Judge Gina Beovides denied Stage 29 Productions LLC's motion to dismiss after finding its extensive communications with parties in Florida to arrange the surgery, which was performed at a Miami plastic surgeon's facility, give her personal jurisdiction to hear Jenelle Butler and her husband's claims against the company.

"Although Stage 29 was not physically present in Florida, its extensive and frequent contacts with Florida in connection with Mrs. Butler's surgery over the course of four months compel the conclusion that it purposely availed itself of the privilege of conducting business activities here," Judge Beovides said in her order.

According to case records, Jenelle Butler initially reached out to "The Doctors" about her desire to have injected silicone removed. While appearing on an episode in October 2017, she accepted an offer to have the procedure performed for free by Dr. Constantino G. Mendieta, whom Stage 29 solicited.

Stage 29 arranged Butler's flight and hotel for the trip to Miami and communicated with Mendieta in advance of the procedure. The company also hired a crew to film the January 2018 surgery and remained involved in Butler's care after the procedure as well, according to the order.

The Butlers, who are Georgia residents, filed their suit in state court in Miami in January 2020, claiming Jenelle Butler suffered "horrendous" injuries, including excessive bleeding that led to substantial dead tissue, scarring and disfigurement and required multiple additional reconstructive surgeries.

They brought a medical malpractice claim against Mendieta and accused Stage 29 of negligent selection and negligent undertaking for its hiring of the doctor.

As part of their claims, the Butlers alleged that Stage 29 had assumed a duty by sending Butler a medical release form to sign stating the surgery would be performed according to "appropriate professional standards" and that she would be given "clear and specific information" about the risks of the procedure and have "appropriate" informed consent, according to the order.

Stage 29 moved for dismissal based on arguments the Florida state court lacked personal jurisdiction over it and that Florida was not the proper venue, but it dropped the latter argument during a hearing in December, the order said.

Florida's long-arm statute gives the state personal jurisdiction over Stage 29 for causes of action "arising from" "committing a tortious act within this state," according to the order.

In her analysis, Judge Beovides said she was required under the law to determine if the complaint alleged sufficient facts to bring the action within Florida's jurisdiction and if Stage 29 had sufficient contacts to satisfy the company's due process rights.

She rejected Stage 29's contention that jurisdiction hinged on finding that its communications to Florida themselves were tortious. Instead, she sided with the Butlers' argument that the law requires them to show a causal connection between Stage 29's communications and the alleged wrongful act.

In support of Florida having jurisdiction over their negligent selection claim, the Butlers pointed to nine emails and telephone communications Stage 29 delivered to Florida, including its initial email soliciting Mendieta to perform the surgery on Butler and an email sending the contract between the company and the doctor, which he signed in Florida, according to the order.

"These communications manifest the very act of 'selection' that forms an element of the cause of action, and therefore bear a strong causal relation to the alleged tort as alleged," Judge Beovides said.

She also noted that the communications themselves were allegedly negligent because the Butlers claimed that Stage 29's drafting of the contract contributed to Mendieta performing a riskier procedure than was necessary.

In support of the negligent undertaking claim, the Butlers pointed to Stage 29's emailing the medical release form to Butler in Florida to sign the day before the surgery.

"Because the cause of action 'would depend upon proof of either the existence or the content of' this communication into Florida, and the claim arises out of the communication, the court determines that the exercise of personal jurisdiction is appropriate," Judge Beovides said.

Judge Beovides also found that Stage 29's alleged contacts with Florida were sufficient that making it stand trial in the state would not violate its due process rights.

"Stage 29 cannot fairly complain of the burden of litigating in Florida after it orchestrated an entire transaction to take place in Florida which is alleged to have foreseeably caused injury here," Judge Beovides said. "Stage 29's contacts with Florida do not evince only 'minimal affiliation with or connection with the forum' such that exercise of personal jurisdiction would be unduly burdensome."

Judge Beovides' ruling was the latest obstacle the Butlers have overcome in what has already been a hard-fought case, their attorney Stephen Rosenthal of Podhurst Orseck PA told Law360.

"This ruling completes a trifecta of procedural victories for the Butlers against Stage 29, which has now had three different courts reject three separate procedural defenses: removal to federal court (remanded), anti-SLAPP motion in California (denied), and jurisdictional defense in Florida (denied)," Rosenthal said in an email. "We look forward to proving the merits of the Butlers' case in Florida."

Counsel for Stage 29 did not immediately respond to a request for comment Thursday, and counsel for Mendieta said he had no comment on the matter.

The Butlers are represented by Stephen F. Rosenthal and Kristina Infante of Podhurst Orseck PA.

Stage 29 is represented by Sanford L. Bohrer of Holland & Knight LLP.

Mendieta is represented by Patrick R. Sullivan of Lubell & Rosen.

The case is Butler et al. v. Stage 29 Productions LLC et al., case number 2020-903-CA-01, in the Circuit Court for the Eleventh Judicial Circuit of Florida.

-Editing by Ellen Johnson.

Update: This story has been updated to include a response from Mendieta's counsel.

All Content © 2003-2021, Portfolio Media, Inc.

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'The Doctors' Producer Must Face Botched Surgery Suit In Fla - Podhurst

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Law360 (February 4, 2021, 10:27 PM EST) - The Los Angeles-based production company for CBS' "The Doctors" must face negligence claims in Florida state court over an alleged botched buttocks reduction surgery it arranged in connection with the television show, a Miami-based judge ruled Thursday.

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As ‘Medical Distancing’ Eases, Litigators Expect Malpractice Cases to Surge in 2021

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As ‘Medical Distancing’ Eases, Litigators Expect Malpractice Cases to Surge in 2021

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As 'Medical Distancing' Eases, Litigators Expect Malpractice Cases to Surge in 2021

Daily Business ReviewThe number of people in South Florida getting elective medical procedures has fallen to the point where one attorney specializing in medical malpractice law recently noticed an unusual billboard while driving on Interstate 95.

"People have retreated from going to the dentist, their private doctor, and it's gotten to the point where major health care systems have put together this website called, 'Stop Medical Distancing,'" said Stuart Ratzan, a partner at Ratzan Weissman & Boldt in Brickell, adding that the billboard on I-95 told visitors, "It's time to start talking to your doctor again."

And the fear is real. People have stopped entering medical facilities because of the potential susceptibility of becoming infected with the coronavirus, leading to a significant backlog for non-urgent surgeries. But once most of the population is immunized to the coronavirus, Ratzan said, there will be a surge of patients seeking these elective procedures.

As a result, Ratzan predicted that by next summer there would be a heavy burden on physicians to put as many patients under the knife as possible to meet the surging demand to avoid losing a potential patient who might seek surgery at another medical facility in order to obtain treatment sooner.

"The trouble is on the health care provider side, they are just so hungry for work again they will overburden themselves by increasing patient load," Ratzan said. "And if patients are neglecting their care or avoiding their own warning signs for fear of seeing a doctor because of the virus, that could contribute to that outcome."

Now, personal injury attorneys, such as Ratzan and Ramon A. Rasco, a partner at Podhurst Orseck in Miami, are preparing for physician errors leading to medical malpractice cases as hospitals try to book as many patients as possible.

Part of the reason for the decline of elective surgeries is that several states, including Florida, banned the medical procedures early on during the coronavirus pandemic.

Among the problems was the scarcity of certain medical equipment. For instance, in surgery that involves putting a patient under general anesthesia, the patient must utilize a ventilator to breathe during the procedure. But these ventilators were needed for patients with severe COVID-19 infections.

As a result of the ban on elective surgeries, many hospitals, such as Memorial Healthcare System, had to cut staff before Florida Gov. Ron DeSantis authorized elective surgeries to resume.

Still, hospitals have been facing a financial problem balanced against an ethical responsibility. Hospitals must treat patients with the coronavirus, which results in a hit to the hospitals' bottom lines when elective procedures are deferred because these procedures generate a significant amount of revenue for hospitals. Patients suffer as well, because treatment delay may lead to negative consequences to these patients whose elective surgeries are deferred.

Rasco said it is "common sense" that patients with other critical care cases may receive fewer resources devoted to their care than patients infected with the coronavirus.

"If a lot of hospitals are over 100% full and you only have limited staff and limited health care providers qualified to treat COVID-19 and other critical care conditions," Rasco said, "that results in less treatment for some people and that could be a source of additional litigation for hospitals."

Still, Rasco is looking to the day in the future when most Florida residents and out-of-state visitors seek elective surgeries because those cases will be easier to prove before a jury or to settle with the opposing side. Rasco said government agencies, such as the Centers for Disease Control and Prevention, are not providing a "well-defined standard of care" because their understanding of how to treat those infected with the coronavirus is constantly evolving.

"So you're definitely going to see an increase in surgeries in 2021," Rasco said. "Just like jury trials are being postponed, you're going to see an uptick in those surgeries and that will be a source of additional cases of medical malpractice."
Copyright 2020. ALM Media Properties, LLC. All rights reserved.

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As 'Medical Distancing' Eases, Litigators Expect Malpractice Cases to Surge in 2021 - Podhurst

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Daily Business ReviewThe number of people in South Florida getting elective medical procedures has fallen to the point where one attorney specializing in medical malpractice law recently noticed an unusual billboard while driving on Interstate 95.

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The Florida litigation lawyers at Podhurst Orseck, P.A.. focus on complex civil litigation of all types. Their legal counsel serves several major corporations and they also represent companies and individuals in substantial matters of commercial litigation. The firm’s general tort practice places a major emphasis upon representing claimants in aviation, mass torts, and products liability litigation.

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11th Circ. Revives $50M Bad Faith Suit Against Progressive

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11th Circ. Revives $50M Bad Faith Suit Against Progressive

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A Progressive unit must face a suit alleging it is responsible for a judgment of over $50 million against a policyholder who caused a car crash that severely injured a Florida woman and her four children, the Eleventh Circuit ruled Thursday, saying there is sufficient evidence that the insurer failed in bad faith to settle the family’s claims.

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11th Circ. Revives $50M Bad Faith Suit Against Progressive

Law360 (October 1, 2020, 9:57 PM EDT) -

A Progressive unit must face a suit alleging it is responsible for a judgment of over $50 million against a policyholder who caused a car crash that severely injured a Florida woman and her four children, the Eleventh Circuit ruled Thursday, saying there is sufficient evidence that the insurer failed in bad faith to settle the family's claims.

Reversing a Florida federal judge, a panel of the appeals court said a jury should decide whether Progressive American Insurance Co. is obligated to cover the massive judgment against its insured, Nathan Pyles, who was found at trial to be liable for the 2013 collision that injured Yolanda Aldana and her four minor children.

Senior U.S. District Judge James S. Moody Jr. had granted summary judgment to Progressive in the Aldanas' bad faith suit last year, based on his holding that the insurer never had a legitimate opportunity to settle the family's claims against Pyles within the $500,000 limit of Pyles' auto policy. The Eleventh Circuit panel disagreed, saying a reasonable jury could find that Progressive failed to take proactive steps to reach a settlement with the Aldanas and avert the possibility that Pyles would be hit with a judgment exceeding the policy limits.

"We conclude that there is sufficient, competent evidence, construed in the light most favorable to the Aldanas, to support a verdict in their favor," the panel wrote. "Accordingly, we vacate the grant of summary judgment and remand for further proceedings."

According to court documents, Pyles plowed his car into the back of Yolanda Aldana's vehicle in December 2013 while she was stopped at a red light in Ocala, Florida. The force of the crash caused Aldana's vehicle to surge forward and slam into a minivan driven by Jaron Ang, filings said.

The collision caused severe injuries to Aldana and her children, who ranged in age from two to 12. Aldana and the three older children suffered various broken bones and internal injuries, while the 2-year-old suffered a brain injury that rendered him a paraplegic, according to court documents. Meanwhile, Pyles and his passenger suffered only minor injuries, and Ang reported some soft tissue damage and neck and leg pain, filings indicated.

Progressive launched an investigation and quickly concluded Pyles was "completely liable" for the crash, according to court filings. A little over two weeks after the accident, the insurer contacted attorneys for the Aldanas and Ang, seeking a global settlement with all six injured victims within the $500,000 limit of Pyles policy. Progressive asked the lawyers to respond to the offer by early January 2014, court documents said.

But the Aldanas' original attorney, J. Ross Davis, told Progressive it would be "virtually impossible" to divide up the policy benefits by the January 2014 deadline, and indicated his clients' damages were likely to reach well beyond the $500,000 cap and into the millions of dollars. Davis asked for a postponement of the global settlement conference so he could obtain further information on Pyles' finances - to gauge Pyles' ability to pay damages over $500,000 - and Progressive and Ang agreed, according to court documents.

But Pyles never responded to Davis' request for financial affidavits, and a global settlement never materialized, filings said. In August 2014, the Aldanas changed counsel and then sued Pyles in Florida state court. A jury returned a verdict in the Aldanas' favor in February 2017, and the trial court later entered a judgment against Pyles in excess of $50 million.

Following the verdict, Pyles assigned the Aldanas his rights to pursue claims under the Progressive policy. The family proceeded to sue Progressive for bad faith in Florida state court in spring 2018, and the insurer removed the case to federal court shortly thereafter.

In July 2019, Judge Moody issued his decision granting Progressive summary judgment, determining the insurer had "no reasonable opportunity" to settle with the Aldanas within Pyles' policy limit. The judge noted that, among other things, the Aldanas' original attorney, Davis, never responded to Progressive's request to reschedule the global settlement conference and did not produce medical records regarding the Aldanas' injuries. After Judge Moody rebuffed their reconsideration bid, the Aldanas appealed to the Eleventh Circuit.

In flipping Judge Moody's ruling, the appellate panel pointed to multiple pieces of evidence that could support the Aldanas' bad faith claim.

For one, Yolanda Aldana has testified that, if Progressive had offered Pyles' full $500,000 limit to settle her claims and those of her children - rather than pursuing a global settlement that also encompassed Ang - they would have accepted that sum. Progressive argued this testimony contradicts Davis' past statements that the Aldanas would not engage in settlement talks until they had Pyles' financial data and other information, but the Eleventh Circuit was unconvinced.

"This testimony is not 'directly contradictory' to Davis' prior statements to Progressive, such that no reasonable jury could believe it, for the simple reason that Progressive never offered the policy limits solely to the Aldanas and the Aldanas never responded to that offer," the panel wrote.

In addition, the panel pointed to the testimony of the Aldanas' insurance expert, George Vaka, who opined that Progressive failed to act "with any haste" to try to resolve the Aldanas' claims - which Vaka described as a "ticking financial time bomb" - after it became clear the global settlement strategy was not working.

"Progressive suggests that it satisfied its good-faith duty by offering to globally settle and that it was then incumbent on Davis and the Aldanas to respond with a reasonable opportunity to settle," the panel wrote. "But Progressive's duties are not a "mere checklist" that, once satisfied, will absolve it of liability; rather, 'the critical inquiry ... is whether the insurer diligently, and with the same haste and precision as if it were in the insured's shoes, worked on the insured's behalf to avoid an excess judgment.'"

In an emailed statement, Stephen F. Rosenthal of Podhurst Orseck PA, who represents the Aldanas, told Law360 his clients are happy with the decision.

"Today's reversal validates that appellate review of a summary judgment is not toothless in the Eleventh Circuit and reaffirms the importance of the right to trial by jury," Rosenthal said.

Rosenthal's co-counsel, Stephen Anthony Marino Jr. of Ver Ploeg & Marino PA, added, "the Aldanas are very pleased that the Eleventh Circuit confirmed their right to a jury trial based on the clear principles of law articulated by the Florida Supreme Court."

A Progressive spokesman did not immediately respond to a request for comment.

U.S. Circuit Judges Adalberto Jordan, Robin S. Rosenbaum and Kevin Newsom sat on the appellate panel.

The Aldanas are represented by Stephen Anthony Marino Jr. and Michal Meiler of Ver Ploeg & Marino PA and Stephen F. Rosenthal of Podhurst Orseck PA.

Progressive is represented by Daniel A. Martinez, Weslee Leigh Ferron and Jennifer Worden of Martinez Denbo LLC.

The case is Yolanda Aldana et al. v. Progressive American Ins. Co., case number 19-12950, in the U.S. Court of Appeals for the Eleventh Circuit.

-Editing by Amy Rowe.

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11th Circ. Revives $50M Bad Faith Suit Against Progressive - Podhurst

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11th Circ. Revives $50M Bad Faith Suit Against Progressive Law360 (October 1, 2020, 9:57 PM EDT) - A Progressive unit must face a suit alleging it is responsible for a judgment of over $50 million against a policyholder who caused a car crash that severely injured a Florida woman and her four children, the Eleventh Circuit ruled Thursday, saying there is sufficient evidence that the insurer failed in bad faith to settle the family's claims. Reversing a Florida federal judge, a panel of the appeals court said a jury should decide whether Progressive American Insurance Co.

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Medical Malpractice

Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Click on the links below for more information on this particular subject area. Main subject areas for the "Personal Injury" section are linked at the bottom of these pages.

What do I do if I think I have a medical malpractice claim?

How does a jury determine if a doctor's actions were within the standards of good medical practice?

What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?

Practical Law Home | Personal Injury Home | Personal Injury Claims
Negligence | Medical Malpractice | Product Liability

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Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Click on the links below for more information on this particular subject area.

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Guide to Professional Malpractice Law

What is Malpractice Law?

Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on doctors, lawyers, accountants, and other experts to perform their jobs prudently. When mistakes occur, the consequences can be devastating. Fortunately, the law provides those who have been harmed with an opportunity to seek justice by proving their case in court and collecting financial compensation from the professional. All states provide a means for malpractice victims to pursue recourse, but some jurisdictions place caps on the amount of money a victim can recover.

The Concept of Negligence

At the most fundamental level, malpractice lawsuits are allegations that a professional service provider has acted negligently. Negligence is defined as the failure to act as a reasonably prudent person under the circumstances, resulting in harm to another individual. In the context of malpractice law, negligence occurs when the services provided fall below the standard of care ordinarily provided by members of that profession. Again, the factual circumstances surrounding the incident will be taken into consideration.

For example, consider a situation in which a doctor happens upon the scene of a motor vehicle accident. While waiting for an ambulance to arrive, the doctor administers first aid to an individual injured in the crash, but the effort is unsuccessful. The individual's surviving family members sue the doctor for malpractice, claiming that the doctor's efforts were substandard. In such a case, the doctor's efforts will not be measured against those of other professionals giving first aid in a fully-equipped medical facility. Rather, the doctor's efforts will be measured against how a reasonably prudent doctor would perform at the scene of a roadside accident, given access to the same materials, under the same weather conditions, and so on.

Even giving due regard for the factual circumstances, professionals do make mistakes. Common types of malpractice in the medical field include failing to properly diagnose a condition, neglecting to warn a patient about the dangers of a procedure, or making errors during treatment. In the legal field, attorneys and the staff they oversee can commit malpractice by losing client files, failing to understand or apply the law correctly, overlooking the consequences of a proposed course of action, or missing the applicable statute of limitations (deadline for filing a lawsuit).

Medical Review Panels

A number of states do not allow injured patients to file suit against their doctor without first submitting their claim to a medical review panel. These panels are formed on a case-by-case basis. They normally consist of several physicians, and perhaps an attorney or other professional as well. Under a typical system, the plaintiff selects one physician, the defendant selects a second, and together the first and second physicians select a third. The idea is to end up with a panel that will decide the matter impartially.

The panel's job is to review the evidence and make an initial determination as to whether malpractice occurred. Even if the panel decides the doctor acted properly, the patient is allowed to bring the claim in court, although the panel's findings will be introduced as evidence. Because the findings will be given significant weight when the case goes to trial, injured patients must realize the process is much more than a technicality. Attorney representation is essential.

Litigating a Malpractice Case

Like other tort lawsuits, the majority of malpractice claims are resolved through negotiation. After the paperwork initiating the suit has been filed with the court, the parties exchange discovery (documents and other evidence relevant to the case), and take depositions of the plaintiff, defendant, and other witnesses. Using this information, each side determines an amount they think the case is worth. From that point, it is a matter of the attorneys negotiating a settlement agreement. If they are unable to do so, the case will proceed to trial.

Plaintiffs who take their malpractice claim to trial stand to win large damage awards, often much larger than the defendant was willing to offer during settlement talks. Of course, the trade off is that the plaintiff may lose, and recover nothing. For those willing to take the gamble, the likelihood of success may depend on the performance of the expert witness hired by the plaintiff. Experts play a key role in malpractice trials because the technical nature of the evidence make it difficult for the jury to comprehend without an expert in the field taking the stand and explaining the evidence in common, everyday language.

Do Not Delay in Hiring an Attorney

If you are suffering because of the errors or omissions of a professional you trusted, it is time to contact a malpractice attorney. Remember, strict deadlines apply in malpractice cases, and if you delay, it may become impossible to seek compensation. Contact a lawyer today for assistance.

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Malpractice Law - US

ABA - Commission on Ethics 20/20
Welcome to the ABA Commission on Ethics 20/20 web site. Created by ABA President Carolyn B. Lamm in 2009, the Commission will perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments. Our challenge is to study these issues and, with 20/20 vision, propose policy recommendations that will allow lawyers to better serve their clients, the courts and the public now and well into the future.

DOJ - Departmental Ethics Office
Welcome to the Departmental Ethics Office website. On this website you can find the various laws and regulations governing the conduct of Department of Justice employees. We have included general information on the Executive Branch Standards of Conduct, the conflict of interest statutes, the Department's supplemental standards of conduct and various other ethics rules, regulations and policies. We have organized the ethics rules by subject which you can access through the left navigation menu. A click on underlined citations or phrases will provide you with more information.

Federal Tort Claims Act (FTCA)
Federal Tort Claims Act (FTCA) cases are varied. Those cases handled by section litigators include traditional problems in tort law, such as medical malpractice and other personal injury litigation, as well as seminal issues arising in areas as diverse as regulatory agency activities, wild animal attacks in national parks, and professional malpractice. The section also handles litigation brought by persons who contracted AIDS allegedly due to government negligence in the course of blood transfusions or other medical procedures. Section attorneys protect the United States from exposure to excessive liability, and from second-guessing of governmental policy decisions through tort litigation.

Malpractice / Torts - Wikipedia
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts.

Medical Malpractice Law
Local statutes must be consulted for restrictions that apply to actions against health care providers. Many states have enacted special medical malpractice statutes as a response to what some contend is another "medical malpractice crisis," said to have been brought about by an increase in the number of medical malpractice actions, substantial jury awards, and a resulting increase in liability insurance rates for health care providers. The requirements of these statutes must be satisfied before a medical malpractice plaintiff can get his or her claim before a jury.

Pyschology - Therapy, Ethics, Malpractice, Forensics and Critical Thinking
The site provides free access to a variety of articles from journals such as American Psychologist (currently 10 from this source); British Medical Journal;Journal of Consulting & Clinical Psychology; Clinical Psychology: Science & Practice; Psychology, Public Policy, & Law;American Journal of Psychiatry; International Journal of Law & Psychiatry; and Professional Psychology: Research & Practice -- as well as the complete contents of a book (Children, Ethics, & the Law).

Strict Liability - Overview
In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable - possession of certain animals and abnormally dangerous activities. Additionally, in the area of torts known as products liability, there is a sub-category known as strict products liability which applies when a defective product for which an appropriate defendant holds responsibility causes injury to an appropriate plaintiff.

Organizations Related to Malpractice Law

American Medical Association
Our mission at the American Medical Association is to promote the art and science of medicine and the betterment of public health.

Committee's Lawyers' Professional Liability Consortium (LPLC)
The Committee's Lawyers' Professional Liability Consortium (LPLC) provides a place where practicing lawyers, insurance professionals, academics and risk managers meet to exchange views, share knowledge and learn the latest information about the law of lawyering.

Articles on HG.org Related to Malpractice Law

All Ethics Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Ethics including: legal ethics, legal malpractice, premises liability, product liability, professional liability, professional malpractice, professional responsibility.

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malpractice law - guide to professional malpractice law - malpractice law info

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Guide to Professional Malpractice Law What is Malpractice Law? Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on doctors, lawyers, accountants, and other experts to perform their jobs prudently. When mistakes occur, the consequences can be devastating.

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Personal injury law is an area of civil law concerned with providing monetary compensation to victims of accidents or social wrongs.

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Personal injury law is an area of civil law concerned with providing monetary compensation to victims of accidents or social wrongs. The injured person bringing the lawsuit is called the "plaintiff," and the person or entity allegedly responsible for the injury is called the "defendant." In fatal accidents, the family of the decedent may bring a wrongful death suit against the person or entity responsible for the accident.

In some cases, there may be multiple responsible parties, and the plaintiff may be able to sue all of them to recover the full amount of compensation needed for his or her injuries. The defendant in turn may allege that another person or entity was responsible and bring that person or entity into the lawsuit as a cross-defendant.

The burden of proof in personal injury cases is typically lower than the burden of proof for criminal cases arising out of the same actions. This means that you may be able to recover in a personal injury lawsuit, even if the defendant was acquitted of criminal charges arising out of the same conduct. The objective in a personal injury lawsuit is generally to recover monetary compensation, rather than punish the defendant. However, in some cases, punitive damages may be sought and awarded for particularly egregious or malicious misconduct by a defendant.

Elements of Negligence

Personal injury lawsuits may arise out of any situation, including motor vehicle accidents, premises liability, professional malpractice, or nursing home abuse. Most injuries are the result of negligent or reckless conduct, rather than intentional conduct. In most states, a plaintiff claiming negligence will need to prove (1) the defendant's duty of care, (2) the defendant's breach of that duty, (3) actual causation, (4) proximate causation, and (5) actual damages.

A defendant's duty varies depending on the state and the circumstances. Generally, however, everyone has a duty to use reasonable care to avoid the risk of foreseeable injuries to others. For example, a driver who has had four cocktails shouldn't get behind the wheel of a car because of the significant risk he or she will get into a car accident. It also means that if a retailer notices that a handrail on the second floor of a store has come loose, such that a customer could lean on it and fall, the retailer has a duty to warn customers or to repair the loose handrail so that unwitting customers don't get injured. Failure to warn of a dangerous condition on property can result in a premises liability lawsuit against the person or entity in control of it.

Similarly, a doctor has a duty to act as a reasonably prudent doctor with similar training and expertise would act. He or she must order the appropriate tests or refer a patient to a specialist when faced with a potential diagnosis of a certain disease. A doctor who fails to meet the professional standard of care may be subject to a medical malpractice suit.

A plaintiff's failure to prove any of the elements of negligence can result in a case getting dismissed or in the defendant avoiding liability. If there are too many intervening events between the defendant's breach and a plaintiff's injury, the defendant's breach may not be considered the "proximate" or legal cause of the injury.

For example, consider a driver doing her makeup in the car. A motorcyclist decides to change lanes to avoid this distracted driver. Meanwhile, a deer crosses the road, and the motorcyclist swerves to avoid hitting the deer and crashes into a car that is illegally parked on the side of the road. In that case, the deer and the illegally parked cars are intervening causes of the motorcyclist's accident. The driver may have been negligent in putting on makeup in the car, but her conduct was not the "proximate" cause of the victim's injuries.

Forms of Compensation

In most personal injury cases, a plaintiff may recover economic and noneconomic compensatory damages, which may include past and future medical expenses, past and future lost wages, vocational rehabilitation, household help, out-of-pocket costs, loss of consortium, and pain and suffering.

Economic damages are those that are tied to tangible losses, often shown by submitting documentation. Usually, a plaintiff can try to recover all of his or her economic damages, such as medical expenses or lost income. In some states, however, pain and suffering or other noneconomic damages are "capped" in all personal injury cases, or sometimes just in medical malpractice cases. "Capped" means that a plaintiff cannot recover more than a set amount of damages.

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Personal injury law is an area of civil law concerned with providing monetary compensation to victims of accidents or social wrongs. The injured person bringing the lawsuit is called the "plaintiff," and the person or entity allegedly responsible for the injury is called the "defendant."

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Aviation Accident Law - Aircraft Injury Law

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Aviation Accident Law - Aircraft Injury Law

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Aviation Accident Laws pertain to the handling of airplane crashes. While traveling by air is still one of the safest forms of transportation, and airplane crashes are extremely rare, they do still happen occasionally. When they do, this area of law governs how the fallout, both literal and figurative, is handled.

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Aviation Accident Laws pertain to the handling of airplane crashes. While traveling by air is still one of the safest forms of transportation, and airplane crashes are extremely rare, they do still happen occasionally. When they do, this area of law governs how the fallout, both literal and figurative, is handled.
Personal Claims
Families of those killed in an airplane accident, as well as survivors, are generally able to bring a wide array of legal claims against the responsible airline, aircraft manufacturer, pilot, or others. These laws are largely similar to the personal injury and product liability claims one would rely upon in a typical auto accident. Of course, these claims rely largely upon determining the cause of the accident, such as pilot error, mechanical failures, or defective parts. Often, more than one factor may play a part in the accident, triggering multiple theories of recovery and multiple and overlapping laws and regulations related to various aspects of the aviation industry.
Federal Tort Claims Act
On some occasions, a plane accident can be caused by federal employees, such as a federal air traffic controllers. When this occurs, one may need to look to the Federal Tort Claims Act. The Federal Tort Claims Act sets forth special rules and procedures for suing an employee of the federal government. It can be particularly important in midair collision cases or in accidents where misrouted air traffic is to blame.
Federal Assistance for Victims of Airplane Accident
The Aviation Disaster Family Assistance Act requires the federal government to provide support to families of victims in major airplane crashes or accidents. It also places certain duties on the airline, and limits attorney solicitation of airplane crash victims. Pursuant to the Act, the National Transportation Safety Board (NTSB) must designate an independent nonprofit organization to coordinate services for the disaster survivors and victims' families, such as mental health and counseling services, providing a place for families to grieve without disruption by the press or attorneys, victim identification and forensic services, daily briefings to families of victims, communicating with foreign governments, and translation services. The Act also requires the airlines involved in the accident to, among other things, establish a toll-free telephone line for families of victims, identify all passengers who boarded the flight, inform families of those passengers before the list is made public, inform families of the death of family members, and assist the families in traveling to the location of the accident.

Should you have any questions regarding Aviation Accident Laws, you should review the materials found below and contact an attorney. You can find attorneys in your area that can assist you by visiting our Law Firms page.
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Aviation Accident Law - US

Aviation Safety Action Program
The goal of the Aviation Safety Action Program (ASAP) is to enhance aviation safety through the prevention of accidents and incidents. Its focus is to encourage voluntary reporting of safety issues and events that come to the attention of employees of certain certificate holders.

DOT - Future of Aviation Advisory Committee
The Aviation Advisory Committee will provide information, advice, and recommendations to the Secretary of Transportation on ensuring the competitiveness of the U.S. aviation industry and its capability to address the evolving transportation needs, challenges, and opportunities of the global economy.

FAA - Airworthiness Directives
This database provides you with all Airworthiness Directives (ADs) issued by the FAA which are still in effect -- some date back to the 1940's. You can quickly view recently published data in this database. ADs can be searched by any word or group of words; or viewed by Number or Make. It is also possible to view historical AD information to see old or cancelled ADs.

Federal Aviation Administration
Our continuing mission is to provide the safest, most efficient aerospace system in the world. We strive to reach the next level of safety, efficiency, environmental responsibility and global leadership. We are accountable to the American public and our stakeholders.

International Civil Aviation Organization (Annex 13)
Under Annex 13, the State where the accident occurs will lead the accident investigation. Besides accident where The other main parties involved are the State where the aircraft is registered, the State where the airline operator is from, or the State where the aircraft is designed or manufactured. ICAO Annex 13 stipulates that the States of registry, operator, design and manufacture have the right to appoint an Accredited Representative to the investigation. The Accredited Representatives, assisted by their advisers (ie the investigators), shall have the right to participate in all aspects of the investigation.

National Transportation Safety Board Reauthorization Act of 2010
A bill to amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2011 and 2012, and for other purposes.

Technical Standard Orders Authorization (TSO)
A TSO is a minimum performance standard for specified materials, parts, and appliances used on civil aircraft. When authorized to manufacture a material, part, or appliances to a TSO standard, this is referred to as TSO authorization. Receiving a TSO authorization is both design and production approval.

Warsaw Convention - Airline Liability
The first international convention pertaining to liability in international air transportation, the Convention prescribes rules for air carrier liability in case of death or injury to passengers, destruction, loss or damage to baggage, and losses resulting from delay of passengers, baggage and cargo. Liability limits set by the Convention were raised in 1955 by the Hague Protocol to the Warsaw Convention.

Aviation Accident Law Organizations

Aviation Safety Network
The Aviation Safety Network is a private, independent initiative founded in 1996. On line since January 1996, the Aviation Safety Network covers accidents and safety issues with regards to airliners, military transport planes and corporate jets. The ASN Safety Database contains detailed descriptions of over 10,700 incidents, hijackings and accidents.

AVweb
Aviation News Service/Internet Magazine for aviation professionals. The Professionally written "NewsWire" is updated weekly to explain current developments in government and industry. Avweb publishes a FREE weekly AVflash Newletter which covers recent develpments and contains in depth articles by columnists, contributing editors, aviation writers and staff of The AvWeb Group. Anyone with a serious interest in Aviation should subscribe to AVflash and visit AvWeb regularly.

Flight Safety Foundation
Flight Safety Foundation was formed in 1947 to pursue the continuous improvement of global aviation safety. The Foundation meets this objective through research, auditing, education, advocacy and publishing.

Aviation Accident Law Publications

Aviation Safety Magazine
Aviation Safety, the monthly journal of risk management and accident prevention, is packed with useful, timely information on basic and advanced technique, accident analysis and, most important, practical articles on how you can develop the judgment that will keep you in the air and out of the NTSB's files.

Operators Guide to Human Factors in Aviation (OGHFA)
The Operators Guide to Human Factors in Aviation is a project of the Flight Safety Foundation European Advisory Committee. The project is designed to provide operational need-to-know information on human factors topics to aviation personnel.

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aviation accident law - guide to aviation accidents law - aviation accident law info

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Aviation Accident Laws pertain to the handling of airplane crashes. While traveling by air is still one of the safest forms of transportation, and airplane crashes are extremely rare, they do still happen occasionally. When they do, this area of law governs how the fallout, both literal and figurative, is handled.

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A class action is a lawsuit filed on behalf of a group, or "class," of individuals with similar legal claims.

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The Basics of Class Actions

A class action is a lawsuit filed on behalf of a group, or "class," of individuals with similar legal claims. A plaintiff, or small group of named plaintiffs (plaintiffs whose names appear on the face of the legal filings), submits a lawsuit representing a larger group of plaintiffs (of which the potential size may be several thousands of individuals) who are unnamed. The unnamed plaintiffs are identified as members of a class by virtue of a shared legal grievance with the named plaintiff(s). For example, a plaintiff with a legal claim arising from employment at a particular entity might file a class action on behalf of all similarly-situated employees of that entity during the relevant time period, in the belief that such individuals possess a similar claim. Once a plaintiff files a class action, the judge must approve, or "certify," the class before it may proceed.

Unnamed plaintiffs are not obligated to be part of the class. They may chose to litigate their legal claims themselves, or not at all. After certification of a class, notification is sent to the unnamed plaintiffs to inform them of the lawsuit and they are given the opportunity to opt-out of the class. Individuals who so choose are not members of the class, and the class action litigation will not impact their legal rights. Therefore, the final resolution of the class action, whether by settlement or judgment, is not binding upon persons who opted-out of the class. Likewise, non-members of the class are not entitled to any recovery which may be awarded to the class; however, they may bring their own separate lawsuits asserting their own legal claims.

Where Class Actions Occur

Class actions are only allowed in civil cases. Class actions originated in the United States but have since been adopted, in varying form, by other nations.

In the United States, class actions may be brought in federal or state court. The Federal Rules of Civil Procedure (FRCP), in Rule 23, sets forth the requirements for a class action in federal court. Each state has its own rules for class actions.

Some Pros and Cons of Class Actions

Class actions provide a means through which plaintiffs may bring small legal claims that would be too costly to litigate individually. Additionally, class actions can equalize the difference in power between robust entities and individuals without significant resources. As a group, individuals amplify their ability to litigate, negotiate and settle disputes.

While the size of a class provides strength to its members, it also limits their choices and options. Unnamed plaintiffs (those who chose not to opt-out), have the least amount of control over the case. For instance, the named plaintiffs can accept a settlement, which is binding on all class members, regardless of whether un-named members want the case to be determined by a verdict after a full trial. (In federal court, FRCP 23 requires judge approval of class action settlements, which may help to safeguard the interests of the class as a whole.) Finally, the complexity of class action cases makes them difficult and expensive to litigate, requiring greater time and resources of the attorneys and the court.

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A class action is a lawsuit filed on behalf of a group, or "class," of individuals with similar legal claims. A plaintiff, or small group of named plaintiffs (plaintiffs whose names appear on the face of the legal filings), submits a lawsuit representing a larger group of plaintiffs (of which the potential size may be several thousands of individuals) who are unnamed.

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"White collar crime" can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain.

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"White collar crime" can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes

The following is an overview of offenses generally considered to be examples of white collar crime.
Securities Fraud
Securities fraud comes in many flavors, but one common type is " insider trading," in which someone with inside information about a company or investment trades on that information in violation of a duty or obligation. For example, an executive knows confidential information about an upcoming company earnings report decides to sell of a chunk of his stock in the company. That would be considered securities fraud; specifically, insider trading.

Another type of securities fraud occurs when someone seeks investment in a company by knowingly misstating the company's prospects, health, or finances. By luring an investor to put up money based on false or misleading information, the company and individuals within it commit securities fraud. False or misleading statements in public reports from publicly traded companies also can constitute securities fraud. To commit securities fraud, those speaking on behalf of the business must make these false statements with knowledge that they're false, or at least reasonably should have known them to be false.
Other White Collar Frauds
Many types of fraudulent schemes, including mortgage fraud and insurance fraud, are amongst the more common white collar crimes. These can be as common as an individual embarking on an insurance scheme to improperly collect on an insurance policy after lying in application materials. They can also extend to larger scale schemes by businesses to defraud their customers or others in the marketplace.

Ponzi schemes and other business related scams to fraudulently take money from investors have been some of the most famous white collar crimes. These can take all shapes and sizes.

For example, disgraced investor Bernie Madoff (who's currently serving a prison sentence for running a Ponzi scheme) inflated his earnings numbers in order to entice more investors to put money into his fund. He would then use those funds to pay off earlier investors who wanted to withdraw their funds. But once the market cooled and a critical mass of investors pulled their investments, it became clear he didn't have the money to repay the investors.
Embezzlement
The crime of embezzlement involves improperly taking money from someone to whom you owe some type of duty. The most common example is a company employee that embezzles money from their employer by siphoning money into a personal account. Embezzlement can take many forms, however. Lawyers who improperly use client funds commit embezzlement. So do investment advisers who improperly use client funds they've been entrusted to protect.
Tax Evasion
Criminal tax evasion is a white collar crime through which the perpetrator attempts to avoid taxes they would otherwise owe. Tax evasion can range from simply filing tax forms with false information to illegally transferring property so as to avoid tax obligations. Individuals as well as businesses can commit criminal tax evasion. As with fraud, there are perhaps infinite ways to commit tax evasion.
Money Laundering
Money laundering is the criminal act of filtering illegally obtained ("dirty") money through a series of transactions designed to make the money appear legitimate ("clean"). Money laundering often involves three steps:

1. First, the money is deposited into a financial institution such as a bank or brokerage.

2. Next, the money is separated from its illegal origin by layers of often complex transactions, making it more difficult to trace the "dirty" money.

3. The third step is integration. This is where the freshly "cleaned" money is mixed with legally obtained money, often through the purchase or sale of assets.

Charged With a White Collar Criminal Offense? An Attorney Can Help
Depending on the charges in question, white collar crimes can involve a variety of state and federal laws with a wide range of possible punishments. An experienced white collar defense attorney can help navigate any potential criminal liability, as well as defenses that may be available. Get started today and find a criminal defense lawyer near you.

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"White collar crime" can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering.

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You've received a "Notice of Class Action" via email or regular mail. What does this mean, and what do you need to do?

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You've received a "Notice of Class Action" via email or regular mail. What does this mean, and what do you need to do?

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You've received a "Notice of Class Action" via email or regular mail. What does this mean, and what do you need to do?

If you've recently received (whether through the U.S. mail, via email, or both) a postcard or message containing a "Notice of Class Action Lawsuit," you're probably wondering what a "class action" is, how the kind of legal proceedings described in the notice could affect you, and what you need to do next. Read on for the answers to these questions and a few more.

What Is a"Class Action" Lawsuit?

When a number of people (perhaps hundreds or even thousands) are negatively affected by the same harmful or otherwise unlawful action of the same person or organization, and if certain procedural requirements are met, those individuals can form a "class" of plaintiffs in one lawsuit (as opposed to filing hundreds or thousands of individual cases). This kind of lawsuit is called a "class action."

Class actions typically arise over defective products (including faulty vehicle components and prescription drugs), unfair business practices (including phone services and banking) and stockholder claims (including securities fraud). They may also be based on employment-related issues (including discrimination and wage/hour law disputes).

What Is Class Action "Certification"?

In order for a a class action to proceed, the class must be "certified". The certification procedure differs slightly between the federal system and the different states' rules, but many states follow what is set out in the Federal Rules of Civil Procedure (FRCP), which say:

There must be so many potential claimants that it is "impracticable" to join them all in one lawsuit.

There must be common "questions of law or fact" across all cases, meaning they are all based on the same problem or wrongdoing.

The named plaintiffs (class representatives) have the same claims as all others in the class, and any defenses to those claims would be the same (or very similar).

The class representatives will provide fair and adequate protection for the class. (Here, the law firm representing the class will be under the microscope, especially as to how the lawyers will be paid.)

Usually, the people who have been affected by the defendant's actions have suffered only minor financial damage, and they're usually not even aware of what happened. That's why the Notice of Class Action is sent out to anyone who may be impacted by the case.

By receiving the Notice, you've already been identified as belonging to the class of individuals who are included in the lawsuit, and will be bound by any resolution.

What Does the Class Action Notice Need to Contain?

Once a class action has been filed, the parties and the court will work to identify all individuals who may be included in the "class," and will make a reasonable effort to notify each class member of the existence of the legal action.

The specifics of what must be included in the notice depend on where the case has been filed. Procedural rules for class action lawsuits and settlements differ slightly among the federal system and the different states, but since many state procedural rules for class actions largely mirror what is set out in the federal procedural rules, we'll discuss the "notice of class action" requirement in the context of the Federal Rules of Civil Procedure.

According to Federal Rule of Civil Procedure 23, for most kinds of class action lawsuits, the court must ensure that class members receive the most effective notice practicable, including individual notice to any member who can be identified through reasonable effort.

According to FRCP 23, this notice must "clearly and concisely state in plain, easily understood language," certain key information, including the nature of the case (and the specific allegations against the defendant), the right to "opt out" of the class, and the binding effect that any settlement or judgment will have on each member of the class.

What Do I Need to Do Now?

If you receive a Notice of Class Action Lawsuit, in most instances, the answer to this question is "Nothing." By receiving the Notice, you've already been identified as belonging to the class of individuals who are included in the lawsuit, and that means you'll receive Notice of Settlement of a Class Action if the parties agree to settle, and you'll be entitled to your portion of whatever relief is agreed upon.

What Is "Opting Out" of a Class Action?

As mentioned above, the Notice of Class Action Lawsuit must typically inform you of your right to ask the court for exclusion from the class (this is called the right to "opt out").

Opting out of the class means you won't be a part of the class action, meaning you won't take part in any settlement that's agreed upon. You also won't be subject to any other resolution of the class action-if it's dismissed, for example-and you'll be free to file your own lawsuit against the defendant.

What If I Don't Receive Notice?

If you think you've been overlooked as a potential class member in a class action, the best thing to do is check the legal notices in your local newspaper. You can also search online for an existing class. Just type in a few words describing the potential case, followed by the term "class action." For example, you might type "defective Acme anvil class action." Usually you'll find a website dedicated to any existing class action, or at the very least, you'll find the name of the attorneys in charge of the suit. You can then contact the firm (or firms) and ask about the status of the case.

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You've received a "Notice of Class Action" via email or regular mail. What does this mean, and what do you need to do? If you've recently received (whether through the U.S.

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The goal of the Aviation Safety Action Program (ASAP) is to enhance aviation safety through the prevention of accidents and incidents. Its focus is to encourage voluntary reporting of safety issues and events that come to the attention of employees of certain certificate holders.

To encourage an employee to voluntarily report safety issues even though they may involve an alleged violation of Title 14 of the Code of Federal Regulations (14 CFR), enforcement-related incentives have been designed into the program. An ASAP is based on a safety partnership that will include the Federal Aviation Administration (FAA) and the certificate holder, and may include any third party such as the employee's labor organization.

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The goal of the Aviation Safety Action Program (ASAP) is to enhance aviation safety through the prevention of accidents and incidents. Its focus is to encourage voluntary reporting of safety issues and events that come to the attention of employees of certain certificate holders.

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Several passenger planes have crashed due to human error and mechanical failure. Here are 6 deadly plane disasters recorded in the US.

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U.S. Judiciary: The Federal Court System and Decisions

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U.S. Judiciary: The Federal Court System and Decisions

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Guide to Law Online: U.S. Judicial Branch | Law Library of Congress

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This Guide to Law Online comprises a selection of sources accessible through the Internet on the U.S. Judicial Branch.| Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics.

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Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

Click on the links below for more information in this subject area.

Practical Law Home

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Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

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What Is a Class Action Lawsuit and What Are Its Benefits?

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What Is a Class Action Lawsuit and What Are Its Benefits?

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Not every form of litigation is appropriate for class actions. There are several characteristics that a lawsuit must have in order for it to be appropriate to litigate as a class action, including the following:

The claims need to be similar, though not identical, so that it is more practical for one lawsuit to resolve them than numerous lawsuits.
Additionally, the claims should be similar in nature, meaning that they should involve similar sets of facts or be asking the court to resolve similar questions of law. This way, the claims can all be handled together. It should not be necessary for the jury to have to hear each individual claim in order to weed out differences among them. This concept is referred to as commonality.
Certain plaintiffs will be named as class representatives. These individuals should be able to adequately represent the interests of the entire class in a fair manner. One plaintiff should not be able to use the lawsuit in a way that detrimentally takes advantage of other plaintiffs or that uses them to front the expense of the lawsuit.
A class action lawsuit may emerge due to a defective drug that causes harmful side effects. If thousands of people took the drug and suffered, the numerosity factor would be satisfied. If the people suffered from similar injuries, the commonality factor will be satisfied. If the class representatives adequately represent the interests of the entire group, all of the requirements for the group have been satisfied to certify them as a group.

There are a number of benefits for plaintiffs who wish to pursue a class action rather than litigate their claims separately. Here are a few advantages:
The costs to litigate the claims will be spread across many plaintiffs, so it is more feasible for them to be able to afford to litigate the case. Many class actions are handled on a contingency fee basis, meaning that the plaintiffs do not pay for legal fees unless they win the case.
Even if each individual claim is not for that much money, a class action lawsuit allows plaintiffs to pursue a worthy cause. For example, a telecommunications company may be adding hidden fees to consumer bills. While it may not be worth thousands of dollars in legal fees for one plaintiff to pursue a claim for a few hundred dollars, a class action allows such litigants to seek justice.
For plaintiffs, class action lawsuits allow similarly-situated plaintiffs to recover in a similar manner. Additionally, defendants benefit from class action lawsuits in that they know that many similar claims have been resolved at the end of a trial or settlement.
Another advantage to a class action lawsuit is that a judgment against the defendant may mean that the plaintiffs will actually see the money that they are awarded. If many plaintiffs sue the defendant around the same time, the earlier plaintiffs may be the only ones who receive damages if the defendant or business goes bankrupt. Class actions help ensure that damages are spread amongst plaintiffs.
It is no small feat for a lawyer to take on a class action lawsuit. The case may involve thousands of pages of documents, expensive expert witness fees and years of time to develop the case. Class action lawsuits may be handled by more experienced and competent lawyers who have gone through similar cases in the past. This allows plaintiffs to be able to have such representation that they may not have had if they pursued the claim on their own.
Class actions also benefit the judicial system. The case is determined by one judge in one court, so inconsistent verdicts do not become an issue. One claim will generally take less time than many similar claims tried at different times. The alternative would be to clog up court schedules, making it harder for other individuals to receive their day in court.
Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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what is a class action lawsuit and what are its benefits?

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What Is a Class Action Lawsuit and What Are Its Benefits?

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Not every form of litigation is appropriate for class actions. There are several characteristics that a lawsuit must have in order for it to be appropriate to litigate as a class action, including the following: The claims need to be similar, though not identical, so that it is more practical for one lawsuit to resolve them than numerous lawsuits.

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Welcome to FindLaw's Lawsuits and Lawyers section where you can find help on some basic, yet very important questions, such as whether you should sue and when you

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Justia - Aviation Laws - Free Legal Information - Laws, Blogs, Legal Services and More

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The purpose of Florida's District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.

Organization

There are five District Courts of Appeal in Florida, located respectively in Tallahassee, Lakeland, Miami, West Palm Beach and Daytona Beach. As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases.

First District Court of Appeal - (1st, 2nd, 3rd, 4th, 8th and 14th Circuits)

Second District Court of Appeal - (6th, 10th, 12th, 13th and 20th Circuits)

Third District Court of Appeal - (11th and 16th Circuits)

Fourth District Court of Appeal - (15th, 17th and 19th Circuits)

Fifth District Court of Appeal - (5th, 7th, 9th and 18th Circuits)

The bulk of trial court decisions that are appealed are never heard by the Supreme Court. Rather, they are reviewed by three-judge panels of the district courts of appeal. Florida did not have district courts of appeal until 1957.

Until that time, all appeals were heard solely by the Supreme Court. As Florida grew rapidly in the twentieth century, however, the Supreme Court's docket became badly congested. Justice Elwyn Thomas with help from other members of the Court perceived the problem and successfully lobbied for the creation of the district-court system to provide intermediate appellate courts.

The Constitution now provides that the Legislature shall divide the State into appellate court districts and that there shall be a district court of appeal (DCA) serving each district. There are five such districts that are headquartered in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach.

DCA judges must meet the same eligibility requirements for appointment to office, and they are subject to the same procedures and conditions for discipline and removal from office, as Justices of the Supreme Court. Like Supreme Court Justices, district court judges also serve terms of six years and will be eligible for successive terms under a merit retention vote of the electors in their districts.

In each district court, a chief judge, who is selected by the district court judges within the district, is responsible for the administrative duties of the court.

Jurisdiction

The fundamental reasons for appeals from trial courts are to correct harmful errors by having review by a multi-judge panel of experienced judges and to promote clarity and consistency in the law by publishing opinions that set forth the relevant facts of the case and the proper application of the law to those facts.

The district courts of appeal can hear appeals from final judgments and can review certain non-final orders.

By general law, the district courts have been granted the power to review final actions taken by state agencies in carrying out the duties of the executive branch of government.

Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction.

As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases. A person who is displeased with a district court's express decision may ask for review in the Florida Supreme Court and then in the United States Supreme Court, but neither tribunal is required to accept the case for further review. Most are denied.

Judicial Family Institute (JFI)
Judicial Family Institute (JFI)
The Judicial Family Institute is a subcommittee of the Conference of Chief Justices. It also works with the National Center for State Courts and is dedicated to providing information, support and education to judicial family members.

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The purpose of Florida's District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.

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Florida - Second District Court of Appeal

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Florida - Second District Court of Appeal

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The Appellate Practice Section of The Florida Bar has prepared an extensive guide to handling a case in the appellate court.

If you cannot afford a lawyer, legal help may be available at free or reduced fees. This link will take you to the Florida Courts website for information about obtaining legal assistance. Legal Services

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The Appellate Practice Section of The Florida Bar has prepared an extensive guide to handling a case in the appellate court. If you cannot afford a lawyer, legal help may be available at free or reduced fees. This link will take you to the Florida Courts website for information about obtaining legal assistance.

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When one person’s negligence results in the death of another, a wrongful death lawsuit may be filed.

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Who Can Bring Forth a Wrongful Death Lawsuit?
Personal injury law is based on state laws, including who can bring forth such a case. Typically, the person's estate may be able to bring forth the lawsuit. Additionally, spouses or children may be able to bring forth the lawsuit. The wrongful death statute may provide a hierarchy of who can bring forth a lawsuit, such as the decedent's spouse, adult children, parents, siblings or other individuals who were receiving support from the decedent. If the decedent is a minor child, the parents may be entitled to bring forth a wrongful death lawsuit.

What Is the Purpose of a Wrongful Death Lawsuit?
The purpose of a wrongful death lawsuit is to provide compensation to a family for losing a loved one before his or her time. When the decedent was responsible for the support of other individuals, an aspect of damages is based on the financial support that the individual would have likely provided had he or she lived until his or her life expectancy.

How Are Damages Determined?
The amount of damages in a wrongful death lawsuit are determined by a number of factors. Relevant factors include the decedent's health, life expectancy, age and habits. The person's earnings expectancy is also considered, which takes into consideration the decedent's occupation, previous earnings, expected promotions, rate of raises and overall expected lifetime earnings. If there are multiple heirs, the court may decide how to divide the compensation provided.

Can I Pursue a Wrongful Death Lawsuit if the Decedent Didn't Work?
Even if the decedent did not work, there may still be damages available. For example, if a stay-at-home parent provided childcare, cooked and cleaned, the replacement amounts of these services may be one aspect of damages.

Are Punitive Damages Available in Wrongful Death Cases?
Punitive damages are a special type of damages that are used to punish a wrongdoer. While compensatory damages are made to make a victim whole from an economic standpoint. Punitive damages seek to deter similar behavior on the part of the defendant or similarly-situated defendants. These damages are usually reserved for the most egregious behaviors on the part of defendants. Some states specifically prohibit awarding punitive damages in cases involving wrongful death.

What Types of Damages Can I Receive in a Wrongful Death Lawsuit?
The availability of damages depends on state laws and the individual circumstances involved in a case. These damages may include the loss of future income, loss of support, loss of companionship and the loss of guidance, advice, affection and love.

Can I File a Wrongful Death Lawsuit for the Death of a Fetus?
In most states, a baby must actually be born before a wrongful death lawsuit can be filed against the party that caused the death. However, a lawyer can explain what the laws are in a certain state.

Can I Sue for Wrongful Death if the Person Did Not Get Charged with a Crime?
Some cases involve a criminal case and a civil case. However, it is possible to get contradictory results. For example, a person may be found not guilty in a criminal case but guilty in a civil case. This is largely because the burden of proof in a criminal case is much higher than it is in a civil case. At the criminal level, a prosecutor must show that the defendant committed every element of the crime by proof beyond a reasonable doubt. In a civil case, the burden of proof is by the preponderance of the evidence.

Is There a Statute of Limitations with a Wrongful Death Claim?
There is typically a statute of limitations associated with wrongful death claims. This is the legal time limit by which a party must pursue a cause of action or be barred from pursuing it. Many states restrict wrongful death lawsuits to be from three years from when the cause of action arose. Many states have the same statute of limitations for wrongful death claims as there are for other types of personal injury claims. There may be specific variations on statutes of limitations, such as the cause of the death and whether it was caused by an intentional act or negligence.

Do I Need a Lawyer to Help with a Wrongful Death Lawsuit?
While it may not be legally required to hire a lawyer to pursue a wrongful death lawsuit, it is typically advisable to use the assistance of a legal professional. Wrongful death cases may be complex and involve a great deal of complicated legal procedures and rules of evidence. A wrongful death lawyer can help identify other potential defendants in a case.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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Personal injury law is based on state laws, including who can bring forth such a case. Typically, the person's estate may be able to bring forth the lawsuit. Additionally, spouses or children may be able to bring forth the lawsuit.

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Business owners have many things to worry about while they are running their businesses. One potential issue that should not be overlooked is the potential of a business to fall victim to fraud.

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Business owners have many things to worry about while they are running their businesses. One potential issue that should not be overlooked is the potential of a business to fall victim to fraud. Fraud strikes businesses of all sizes, and it can be perpetrated by people from within an organization or from outside of it.

In the 2018 Report to the Nations, the business fraud statistics are sobering. In 2017 alone, fraud examiners investigated 2,690 cases and found substantiated fraud. The fraud cases involved more than $7 billion in total losses, and the median loss was $130,000.

Small businesses lose nearly double in business fraud schemes than larger companies. One of the causes of business fraud in small companies is that most smaller companies do not have strong internal controls to prevent and deter fraud. Other causes of business fraud include the following:

Job dissatisfaction

Access to the company's funds

One employee assigned responsibility over accounts

Employee facing financial pressures

Greed

It is important for businesses to take proactive steps so that they can prevent themselves from falling victim to internal and external business fraud.

Types of business fraud

​Fraud can harm businesses of all sizes, but business fraud can have an outsized impact on small companies. Companies that have fewer than 100 employees may suffer irreparable harm when they are victimized by fraudsters. Some businesses that experience business fraud may be forced to close.

Fraud can be internal or external, and it may be perpetrated against individuals within a company. Fraud may be perpetrated by for-profit businesses such as construction fraud. Non-profits and churches are not immune to fraud. Non profit fraud and church fraud are pervasive problems, making it important for them to institute strong policies and controls to stop fraud.

Some of the types of business fraud that can occur include the following:

Smaller non-profits, charities, and churches may be especially vulnerable to fraud. Because of the nature of their work, many non-profits and charitable organizations may be too trusting of their employees. Some workers may take advantage of this trust and steal from their employers. When the organizations are small, the damage can cause them to close their doors permanently.

It is important for businesses to familiarize themselves with the different types of fraud that can occur. In addition to having strong security measures in place to prevent external thefts and fraud, they should have equally strong controls in place to prevent internal fraud from occurring. Having strong measures to detect fraud early can help businesses to prevent their fraud losses from ballooning. Businesses can also institute different payment systems that can help them to stop fraud from occurring in the first place.

Examples of business fraud

Reading real cases of business fraud can help business owners to understand how they can prevent similar issues from happening at their own companies. One infamous case of accounting fraud occurred at WorldCom, a telecommunications company.

The company attempted to hide its falling earnings with fraudulent accounting practices. The chief financial officer and the chief executive officer were both imprisoned for their roles in the fraud scheme. In an ironic twist, the fraud scheme was discovered by Arthur Andersen, an accounting firm that would later be linked to the Enron fraud scandal.

A shocking case of non profit fraud happened at the Northern Children's Services in Philadelphia. Sonja McQuillar served as the organization's director of health and information. Over a period of 12 years, McQuillar embezzled $607,067 from NCS.

She did so by creating fraudulent consulting invoices for other people. She would then forge their signatures and cash checks that were made out to pay the invoices. McQuillar was sentenced to serve 30 months in prison and to repay the money that she stole.

Another case of fraud at a non-profit happened at Somerville Homeless in Massachusetts. In that case, the chief operating officer committed several types of occupational fraud, including fraud with credit cards and fraud with checks. The COO added money to his paychecks, put his adult son on his health insurance, and used the company's credit card to pay for his own personal expenses.

The man was able to steal more than $108,000 over a period of just 18 months. Because of concerns about negative publicity, Somerville Homeless did not report the employee thefts to the police. It did report it to HUD, and the man agreed to repay a portion of the money in an agreement with the government.

Churches are not immune to fraud. However, many churches that fall victim to fraud fail to report it to police. Forbes reports that fraud is a pervasive problem for churches across the nation. In one case that was detailed by Forbes, a Catholic priest in Darrien, Connecticut pleaded guilty to stealing $1.3 million from the church's collections.

Rev. Michael Jude Fay was sentenced to serve 37 months in prison. However, the two people who discovered his thefts and reported him also faced reprisals from within the church for publicizing his fraud. The bookkeeper and the assistant pastor who reported his thefts were both pressured to quit their jobs later by the diocese.

More fraud examples and case studies

The biggest anti-fraud organization in the world

The Association of Certified Fraud Examiners is the largest anti-fraud organization in the world, and it provides anti-fraud education and training. It is an organization of certified fraud examiners from around the world. Its members investigate suspected fraud at businesses, and the organization releases annual reports detailing their findings.

The organization reports that people who had been working at their companies for longer periods of time when their fraud schemes were discovered stole twice as much as people who had been employed for shorter periods of time. Workers who had been employed for more than five years stole a median of $200,000 while those who had worked for fewer than five years stole a median of $100,000.

There are some crucial steps that businesses can take to reduce their fraud risks. Some of these steps include the following:

Institute proper controls

Clearly define processes

Close loopholes in the processes

Automate controls and payment processes

Have more than two employees check each other's work

Don't give one employee too much control

By writing clear policies about expenses and payments and implementing controls, businesses can help to deter fraud and to prevent it.

Business fraud detection

There are several ways that you can detect fraud within your business. There are certain signs of which you should be aware because they are indicators that fraud might be occurring.

Detecting fraud is vital because fraud detection can help to end any fraud that is occurring much earlier, helping to prevent further losses. Fraud detection can help you to spot the signs. Some of the signs to watch for include the following:

Employee living beyond his or her means

Employee going through financial problems

Employee is too close to a vendor

Employee exerts total control an account

Employee going through family problems

Employee will not take vacation time

Employee has addiction issues

Employee is irritable and dissatisfied with his or her job

Detecting fraud is important because the cost of complacency is high. The longer that a fraud scheme lasts, the greater amount of losses that a company will suffer. Businesses that suffer fraud schemes that last for five or more years suffer median losses of $965,000.

How to report business fraud

If you discover that you have been the victim of fraud at your company, reporting fraud is important. There are several government agencies that handle reports of different types of fraud. Reporting fraud to the right agency and to the police can help you to potentially recoup your losses and to hold the responsible party accountable for his or her actions.

The U.S. government has compiled a list of agencies that handle different types of fraud complaints. You can check the list and file your report with the appropriate agency. The Office of the Comptroller of the Currency handles financial crimes. It states that you should report financial crimes to your local police or to the FBI.

You should not hesitate to report fraud that you have detected. When you do so, the fraudster may be held accountable and may be required to repay what he or she stole through restitution. Reporting fraud can also help to protect other companies from the actions of the fraudster. If you don't report the fraud, other companies may be victimized by the fraudster in the future.

Business fraud prevention

Business fraud prevention can stop fraud from occurring in the first place. If you are wondering how to prevent business fraud, there are several things that you can do. The first is to understand the red flags. For example, if you concentrate too much responsibility for managing your accounts under one person, you are at a greater risk of fraud.

Preventing and deterring fraud is possible. You should start by determining your risk of fraud and then write a clear expense policy so that your employees understand what types of expenses are allowed and which are not authorized. You should train your employees about your policy and about the signs of fraud.

Employees should be encouraged to report suspected fraud. You should never let one person control your accounts. If you are a church, you should implement strong controls and have multiple people responsible for counting the collections from your collection plates.

Automating your payment processes and eliminating your employees' access to your business funds can stop fraud. You can get rid of reimbursements, petty cash, and check writing at your company and use business debit cards that have strong spending control features. This can help because the data imports automatically, allowing you to have greater transparency into the spending and to control how your cards can be used.

Tools to prevent business fraud

There are several tools to prevent business fraud that you should implement. Business fraud prevention tools may include a fraud calculator, which is a type of business calculator that can show you your fraud risks. Bento for Business has a free calculator that you can use to determine your risks. You can then take steps to correct the problems that you find.

Other business fraud prevention tools include expense policies and automated payment processes. Switching your company from outdated payment processes can help. Business debit cards can be good business fraud prevention tools if they offer you extensive abilities to control when they work, how much can be spent, and where they can be used.

How fraud calculators can help to stop fraud

Fraud calculators can help you to understand the risks that your business faces. When you use a business fraud calculator, you can identify the areas that you need to improve to help to prevent expense fraud and other types of fraud at your company.

Fraud detection is also vital. If you do not have good systems in place to detect fraud, you can suffer losses that could permanently harm your business. Using a fraud tool only requires you to answer a number of questions before you will receive a report that highlights the areas of needed improvement.

Fraud ebooks

Reading a fraud ebook is a good idea because it can help you to understand fraud so that you can prevent it. It can also help you to understand fraud detection and fraud detection techniques. These types of ebooks can help you to prevent the following types of fraud:

Employee fraud

Embezzlement

Cash flow leaks

Check fraud

Credit card fraud

When you read ebooks about fraud, it can help you to understand the potential fraud solutions for your business. These types of books may also give you a better idea of how to properly engage in expense management at your company. Learning about fraud can help you to protect your business and to encourage its growth.

Business fraud solutions

Bento for Business offers business fraud solutions for businesses of all sizes. The company's debit cards come with extensive expense features and controls that allow you to control employee spending. In addition to business cards, Bento also offers church debit cards and non profit debit cards.

The business fraud solutions of these cards let you determine when the cards will work, where they can be used, and how much your employees can spend. You can turn the cards off remotely so that they will not work when your employees are not working.

You can also place restrictions on the cards so that they can only be used to make purchases from your preferred suppliers. If an employee attempts to use his or her card somewhere else, the attempt will be declined, and you will be notified. You can set individual spending limits on each of the cards that you give to your employees and see how your money is being spent by logging into your dashboard.

About Bento for Business

Bento for Business was founded by experienced finance industry professionals who wanted to offer meaningful business fraud solutions to businesses of all sizes. The Bento for Business Visa debit cards allow businesses to control the types of spending that their employees are able to engage in.

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Business owners have many things to worry about while they are running their businesses. One potential issue that should not be overlooked is the potential of a business to fall victim to fraud. Fraud strikes businesses of all sizes, and it can be perpetrated by people from within an organization or from outside of it.

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The standard of care: How is it applied?

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The standard of care: How is it applied?

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An architect’s failing to practice in accordance with the standard of care does not automatically result in liability.

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An architect's failing to practice in accordance with the standard of care does not automatically result in liability. There are four elements that must be proven before liability and damages will be assessed on the basis of professional negligence.

The four elements of a professional negligence claim

First, there must be a duty owed by the architect to the party bringing a claim against the architect.

Second, there must be a breach of the duty owed. Meaning, there must be a failure on the part of the architect to act or perform its services within the applicable standard of care.

Third, there must be actual damages. These damages may be purely, economic, or they may involve personal injury or property damage. Without damages, even though there is a violation of the standard of care, there is no harm, no foul, and no liability.

Fourth, there must be a causal connection between the architect's failure to perform in accordance with the standard of care and the actual damages incurred. The damage must be a direct and proximate result of the architect's breach of the standard of care. If the damages did not occur as a result of the architect's breach of the standard of care, there can be no liability.

Who determines whether or not these four elements have been proven?

In the dispute resolution process, there is a "trier of fact." That trier of fact is the entity that hears the evidence and determines what the facts are. The trier of fact may be an arbitrator, a judge, or a jury. The trier of fact is charged with the obligation of evaluating the testimony of the fact witnesses, documentary evidence, and expert testimony; determining the facts; and rendering an award or judgment. It is this trier of fact that determines what happened, including whether the architect violated the standard of care.

Ultimately, the best way to avoid liability is to practice professionally and competently.

Fact witnesses-those that participated in the matter and have actual knowledge of the relevant events-testify to their recollection of what transpired. Documents and evidence will be presented for review and consideration by the trier of fact. But how does this trier of fact determine what the standard of care is and whether the architect violated the standard of care?

Each party to the dispute resolution process retains expert witnesses to aid the trier of fact in its determination regarding the standard of care. The expert does not determine the ultimate issue of liability. Instead, the expert aids the trier of fact by providing the expert's opinion. The expert must be able to testify that they have knowledge of the practices of the profession at the time of the relevant services, under the same or similar circumstances and in the same geographic area. The expert will be asked to ultimately opine as to whether or not the architect's actions were consistent with the practices of the profession. The trier of fact will be asked to evaluate the testimony and opinion of the experts, in light of the facts of the case, and to ultimately rely on the credible expert testimony to determine whether or not the architect breached the standard of care. The trier of fact will also be asked to determine whether any such breach actually caused the damages alleged.

Unfortunately, when performing professional services, an architect is unable to look into a crystal ball and determine what a trier of fact will ultimately decide. Ultimately, the best way to avoid liability is to practice professionally and competently.

Subsequent articles in this series from AIA's Risk Management Program will further examine the standard of care and its application. Segments of this article will be reviewed in more detail, the standard of care's application to risk prone areas of the architect's practice will be analyzed, and actual lawsuits that interpret the standard of care will be reviewed.
AIA has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice.

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The standard of care: How is it applied?

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An architect's failing to practice in accordance with the standard of care does not automatically result in liability. There are four elements that must be proven before liability and damages will be assessed on the basis of professional negligence. First, there must be a duty owed by the architect to the party bringing a claim against the architect.

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Any illegal act that involves the use of deception to obtain money or other property from a financial institution, or from a bank’s depositors, is often categorized as bank fraud.

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Any illegal act that involves the use of deception to obtain money or other property from a financial institution, or from a bank's depositors, is often categorized as bank fraud. Like other fraud offenses, bank fraud involves the use of a "scheme or artifice" to obtain something of value. The criminal offense of bank fraud differs from bank robbery because, while they might both involve stealing from a bank, bank fraud does not necessarily involve violence or threats of violence.

What Is Bank Fraud?

Federal law provides a very broad definition of bank fraud. It covers any "scheme or artifice" intended to "defraud a financial institution," or the use of deceptive means to obtain something of value that a financial institution owns or controls. A conviction under the federal statute can result in up to 30 years in prison, a fine of up to $1 million, or a combination of the two. The term "financial institution" is defined by federal law to include banks and credit unions that are federally insured, such as by the Federal Deposit Insurance Corporation (FDIC), Federal Reserve banks, mortgage lending businesses, and certain other institutions that accept deposits of money and other assets.

State laws vary considerably in how they classify offenses that federal law would consider bank fraud. In New York, for example, a wide range of "fraud" offenses, such as issuing a bad check, could fit within the category.

Bank fraud can target a financial institution or depositors of such an institution. Other offenses, such as money laundering, may make use of a financial institution as part of a broader criminal scheme.

Defenses to Bank Fraud

Most bank fraud statutes require the state to prove that a defendant acted "knowingly," meaning that the defendant was aware that he or she was making false representations for the purpose of obtaining something of value. For example, someone who presents a fraudulent check to a bank while believing it to be genuine, perhaps after receiving it from someone who did intend to commit fraud, should not be guilty of bank fraud.

Examples of Bank Fraud

Some of the most common forms of bank fraud involve fraudulent use of checks to obtain cash or other assets. In a situation known as check kiting, many banks will allow people to "cash" checks by presenting a check made out to that person, or to the bank. The bank gives the person money from the cash available on hand, known as "float." Check kiting involves taking advantage of a bank's float, such as by writing a check with the knowledge that the account does not have sufficient funds. Another form of bank fraud involves presenting a check for payment that has been altered or modified, or that is an outright forgery.

A type of bank fraud that targets depositors is bank theft. A bank fraud scheme may involve theft of checks from mailboxes, mailrooms in offices, or post offices. Perpetrators may use the information on the checks to commit identity theft by creating checks to draw on the same account or using the information to open new accounts.

Fraud also may arise from uninsured deposits. Banks are required by law to be licensed by the Department of the Treasury and to have insurance through a provider like FDIC. One type of bank fraud involves an unlicensed, uninsured bank soliciting deposits from investors, or even the general public, while purporting to be a fully authorized financial institution.

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Any illegal act that involves the use of deception to obtain money or other property from a financial institution, or from a bank's depositors, is often categorized as bank fraud. Like other fraud offenses, bank fraud involves the use of a "scheme or artifice" to obtain something of value.

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In aviation, the design and function of each system and component part is critical. As new technologies are placed into real-world applications, product liability issues arise.

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Created by FindLaw's team of legal writers and editors.

While pilot error usually plays some part in aviation accidents, mechanical problems with the aircraft or its component parts may contribute to the accident or the severity of the injuries suffered. In such cases, the manufacturer of the aircraft (or the manufacturer of a component part) may share the legal blame with pilots for a crash -- and for any deaths or injuries caused by the accident -- under a legal theory known as " strict liability."

See FindLaw's Product Liability Law and Travel and Aviation Accidents sections for additional articles.

What Is Strict Liability?
This legal doctrine was created to make it easier to sue manufacturers in product defect cases by switching the focus to the safety of the product, rather than the conduct of the person using the product (in this context the aircraft and its components). The judges who created these laws have said that manufacturers in a high-risk industry must design, manufacture and warn in accordance with the foreseeable risks of using their product.

Unlike cases against an airplane pilot or carrier, a strict liability claim against a manufacture r does not require proof that negligence caused the accident. In almost all states, a victim can hold a manufacturer or seller "strictly liable" if it is shown that a defect in the product was a cause of the injuries.

Product liability law varies from state to state. In several states, a manufacturer may be held strictly liable for a defective product if the product is " unreasonably dangerous" for use by an ordinary consumer. A growing majority of states use a slightly different analysis called a "risk-benefit" analysis. In those states a manufacturer may be held strictly liable if the product fails to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable manner.

The "risk-benefit" analysis test requires the jury to decide if the risk associated with the design of the product outweighs the benefits of the design. In an aviation strict liability claim, the jury will decide whether there is an alternative, mechanically feasible design for the product that could have been implemented by the manufacturer at the time it was sold. The focus is on the "state-of the-art" at the time of manufacture.
Three Types of Strict Product Liability
To establish strict liability in a product liability lawsuit, the injured person (the "plaintiff") must show that:

The product was defective when it left the manufacturer or distributor's (the "defendant") control;

The product was used in the intended manner or a reasonably foreseeable manner;

The product caused plaintiff's injury.

Strict liability can arise as a result of a defect in design or manufacture, or a failure to warn.
Design Defect
A design defect is one in which a whole product line or every product from a particular model is dangerously deficient. This is where courts apply the "unreasonably dangerous" test or a combination of the consumer expectations and "risk-benefit" test to determine if the design is defective.
Manufacturing Defect
If the manufacturer fails to produce the product correctly, a manufacturing defect may exist. This means that if the finished product is substandard in comparison with identical products in that product line, the manufacturer may be held liable for causing the anomaly and failing to catch the defect before the product was sold to a consumer. Manufacturing defects include the use of substandard materials, faulty assembly, etc.
Failure-to-Warn
If manufacturers fail to provide adequate warnings or instructions for use, they can be held strictly liable for failure to warn. There are two types of warnings:

General instructions that accompany the product. A good way to look at this is that the instructions are a part of the product. If the instructions are ambiguous or insufficient, the product cannot be used safely (i.e. operating limits and weight limits).

Specific warnings of a danger that the manufacturer knew or should have known about at the time of sale or discovered after sale. (i.e. emergency procedures, placards in a cockpit, warning labels on equipment, etc.)

Filing a Claim for an Aviation Accident? Contact an Attorney First

Aviation claims against manufacturers of aircraft or component parts require a detailed understanding of aviation, FAA rules and regulations, and specific laws related to aviation. Also, these types of suits are often class actions. If you've suffered injury or the death of a loved one due to an aviation accident you'll benefit from the expertise of an experienced personal injury attorney.

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Product Liability and Aviation Accidents - FindLaw

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Created by FindLaw's team of legal writers and editors. While pilot error usually plays some part in aviation accidents, mechanical problems with the aircraft or its component parts may contribute to the accident or the severity of the injuries suffered.

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Steps in a Trial

Appeals

A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn't like the verdict.

In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states. (Some states give the prosecution a limited right to appeal to determine certain points of law. These appeals usually occur before the actual trial begins. Appeals by the prosecution after a verdict are not normally allowed because of the prohibition in the U. S. Constitution against double jeopardy, or being tried twice for the same crime.)

Criminal defendants convicted in state courts have a further safeguard. After using all of their rights of appeal on the state level, they may file a writ of habeas corpus in the federal courts in an attempt to show that their federal constitutional rights were violated. The right of a federal review imposes the check of the federal courts on abuses that may occur in the state courts.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial's procedure or errors in the judge's interpretation of the law.

Appeal Procedure

The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief. The appellant may then file a second brief answering the appellee's brief.

Sometimes, appeals courts make their decision only on the basis of the written briefs. Sometimes, they hear oral arguments before deciding a case. Often the court will ask that the case be set for oral argument, or one of the parties will request oral argument. At oral argument, each side's attorney is given a relatively brief opportunity to argue the case to the court, and to answer questions posed by the judges. In the U.S. Supreme Court, for example, an hour is set for oral argument of most cases, which gives each side's lawyers about half an hour to make their oral argument and answer questions. In the federal courts of appeals, the attorneys are often allotted less time than that - 10- or 15-minute arguments are common.

The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial. For example, in a criminal case a higher court may conclude that the trial judge gave a legally improper instruction to the jury, but if the mistake were minor and in the opinion of the appellate court had no bearing on the jury's finding, the appellate court may hold it a harmless error and let a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error.

After a case is orally argued or otherwise presented for judgment, the appeals court judges will meet in conference to discuss the case. Appellate courts often issue written decisions, particularly when the decision deals with a new interpretation of the law, establishes a new precedent, etc. At the conference, one judge will be designated to write an opinion. The opinion may go through several drafts before a majority of the court agrees with it. Judges disagreeing with the majority opinion may issue a dissenting opinion. Judges agreeing with the result of a majority decision but disagreeing with the majority's reasoning may file a concurring opinion. Occasionally the appeals court will simply issue an unsigned opinion. These are called per curiam (by the court).

If the appeals court affirms the lower court's judgment, the case ends, unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal (usually for reasons of jurisdiction).

If the judgment is reversed, the appellate court will usually send the case back to a lower court ( remand it) and order the trial court to take further action. It may order that

a new trial be held,

the trial court's judgment be modified or corrected,

the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court.

In a civil case, an appeal doesn't ordinarily prevent the enforcement of the trial court's judgment. The winning party in the trial court may order the judgment executed. However, the appealing party can file an appeal or supersedeas bond. The filing of this bond will prevent, or stay, further action on the judgment until the appeal is over by guaranteeing that the appealing party will pay or perform the judgment if it is not reversed on appeal.

How Courts Work Home | Courts and Legal Procedure |*Steps in a Trial*
The Human Side of Being a Judge | Mediation

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Appeals A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal-an alleged material error in the trial-not just the fact that the losing party didn't like the verdict.

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1 SE 3rd Avenue
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Miami, FL 33131

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Phone: 305-358-2800
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Podhurst Orseck is a leading Florida appellate law firm. One of our partners devotes his practice exclusively to appellate litigation, and another focuses primarily on appeals but also handles complex trial-level motions and is an experienced trial lawyer. They are consistently listed among the top-rated appellate lawyers in Florida. The firm has vast experience before the United States Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and the Florida District Courts of Appeal. Our appellate partners have also briefed and argued appeals in federal appellate courts throughout the United States and in the Supreme Court of the United States.

The firm's appellate practice mirrors the substantive diversity of the firm's practice, and includes plaintiff's catastrophic personal injury and wrongful death cases, aviation and other mass torts, class actions, and commercial litigation of all types, including securities fraud, ERISA and business disputes.

The Appellate Process in the U.S. Court of Appeals for the Eleventh Circuit:

The Eleventh Circuit is one of the busiest courts of appeals in the federal judiciary, handling appeals from district courts in Florida, Georgia and Alabama. Given the industries and geography of these states, the court's civil docket often involves litigation involving international trade, maritime disputes (commercial and tort), aerospace, tourism, and the banking sector. The busy Southern District of Florida, home to the bustling international gateway city of Miami, frequently generates appeals involving international business disputes and banking, aviation, and tourism-related cases, particularly in the hotel and cruise industries.

Civil appeals in the Eleventh Circuit typically take 18-24 months to resolve, from the date the appeal is filed to the date the court issues a decision. Once the matter has been briefed, only approximately 17% of cases are assigned to the court's oral argument calendar. Thus, the quality of briefing is essential to our clients' favorable representation before the court. The court's mediation program actively monitors civil appeals and frequently requires the parties to participate in mediation before the case is submitted to the court for decision.

A party who loses in the 11th Circuit may petition the Supreme Court of the United States for further review.

Several representative decisions of our work on behalf of clients in the 11th Circuit:

Ray v. Spirit Airlines, Inc., 767 F.3d 1220 (11th 2014) (reversing order dismissing putative class action of airline passengers)

Finnerty v. Steifel Laboratories, Inc., 756 F.3d 1310 (11th Cir. 2014), cert. denied, 135 S.Ct. 1549 (2105), (affirming $1.5 million jury verdict for securities fraud in case tried by Podhurst Orseck).

Abecasis v. Cummings, 467 Fed.Appx. 809 (11th Cir. 2012) (affirming dismissal of $75 million fraud and breach of contract claims Podhurst Orseck successfully defended clients against).

Murphy v. Fla. Keys Elec. Co-op Ass'n, Inc., 329 F.3d 1311 (11th Cir. 2003) (revising 11th Circuit law concerning contribution between tortfeasors in admiralty tort action).

Western Group Nurseries, Inc. v. Ergas, 167 F.3d 1354 (11th Cir. 1999) (reversing dismissal of client's suit against limited partner of tax shelter partnership).

Eskra v. Provident Life & Acc. Ins. Co., 125 F.3d 1406) (11th Cir. 1997) (affirming client's $5,000,000+ verdict in age discrimination and breach of contract action).

Florida State Appellate System:

The state appellate system is divided into five District Courts of Appeal (DCA) and the Florida Supreme Court. A party may appeal as of right to the DCA in which the trial court is located. The Florida Supreme Court is a court of limited jurisdiction and, with certain exceptions, may only review civil appeals in cases of conflicting rulings between DCAs or the Supreme Court on a point of law or a matter of great public importance.

Located in Miami, our firm has the greatest depth of experience in the Third DCA, which presides over appeals from courts in Miami-Dade County and the Florida Keys (Monroe County). But our appellate partners have also handled many cases in the nearby Fourth DCA (primarily Broward and Palm Beach Counties) and the Second DCA (covering the Greater Tampa and Naples area), as well as some appeals upstate in the First and Fifth DCAs.

Our firm has a proud history of victories in the Florida Supreme Court, particularly on behalf of plaintiffs in tort cases. The following cases are representative of our more recent work before the Florida Supreme Court.

Soper v. Tire Kingdom, Inc., 124 So. 3d 804 (Fla. 2013) (reversing DCA and reinstating class certification of consumer class action).

Cox v. St. Josephs Hospital, 71 So. 3d 795 (Fla. 2011) (reinstating multi-million dollar jury verdict that had been reversed by the DCA).

Vreeland v. Ferrer, 71 So. 3d 70 (Fla. 2011) (concluding that aircraft owners are liable for negligent operation by pilot, and that Florida law is not preempted by federal law).

Aills v. Boemi, 29 So. 3d 1105 (Fla. 2010) (reversing DCA, which had ordered a new trial in a medical malpractice case for an unpreserved error).

Wagner Vaughan McLaughlin & Brennan, P.A. v. Kennedy Law Group, 64 So. 3d 1187 (Fla. 2011) (reversing DCA in part, clarifying how attorney's fees are to be allocated in wrongful death cases with multiple survivors).

Top Appellate FAQs:
Q. HOW MUCH TIME DO I HAVE TO FILE AN APPEAL?
A: The rules governing the deadline for filing an appeal can be surprisingly complicated, and because a failure to file an appeal within the deadline is jurisdictional (meaning the appeals court lacks the power even to consider an untimely appeal), we strongly recommend consulting an experienced appellate lawyer immediately upon issuance of an adverse ruling from a trial court. Generally, one has thirty (30) days from the date of issuance of a final order to lodge the appeal, but calculating that deadline depends upon which system the case is in (state or federal), whether authorized motions for rehearing or post-judgment relief are pending, or whether the order is truly "final" and appealable, or one of a select class of interlocutory rulings that may be appealed. Since the analysis of when an appeal is due can be complex and highly context-specific, it is important to consult an appellate lawyer as soon as possible.
Q. WHY HIRE AN APPELLATE LAWYER FOR AN APPEAL?
A. One of the benefits of retaining the services of an experienced appellate lawyer after a ruling in the trial court is that your case gets a "fresh look" from someone who is not yet intimately familiar with the details of the case and who is familiar with the way that appellate judges may view the issues. Appellate lawyers are able to objectively assess the relative strengths of your case and can strategize which issues are most likely to have a chance of success on appeal. Experienced in the ways appellate judges approach a case, our appellate partners are excellent writers and oral advocates who excel at crafting written briefs and presenting oral argument in a credible and persuasive manner, targeted at the appellate audience that will be the final arbiter of the case.
Q. DOES IT EVER MAKE SENSE TO CONSULT AN APPELLATE LAWYER EARLY ON, WHILE THE CASE IS STILL PROCEEDING IN THE TRIAL COURT?
A. Yes, and many times an appellate lawyer can help trial counsel identify and get around legal issues that could be problematic for a later appeal. One of our appellate partners is regularly retained by trial lawyers to provide "trial support," whereby he briefs and argues key complex motions before the trial court, strategizes with trial lawyers on how to preserve certain issues for appeal, and even plays an active role at trial, arguing legal matters as they come up.
Q. HOW MUCH DOES IT COST TO HIRE AN APPELLATE LAWYER?
A. We take on appellate representation through a variety of fee structures, depending upon the nature of the case and the preference of the client. In tort cases, we typically handle appeals on a contingency basis (we get paid only if we win). The Florida Bar has established guidelines for contingency fees in personal injury and wrongful death cases. See Rule 4-1.5 of the Rules Regulating the Florida Bar:

( http://www.floridabar.org/divexe/rrtfb.nsf/FV/A8644F215162F9DE85257164004C0429).

In commercial appeals, we typically charge an hourly rate, though we are open to discussing a hybrid fee (a reduced hourly rate blended with a contingency fee) or even a flat fee structure, depending on the case.

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Podhurst Orseck is a leading Florida appellate law firm. One of our partners devotes his practice exclusively to appellate litigation, and another focuses primarily on appeals but also handles complex trial-level motions and is an experienced trial lawyer. They are consistently listed among the top-rated appellate lawyers in Florida.

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Commercial litigation is routinely complex. The legal protections afforded to business entities, such as partnerships and corporations, are multifaceted in nature and consist of many levels of liability and complex avenues iof claims for damages. Additionally, many commercial entities conduct business across state and international borders, which may cause them to be liable under in different jurisdictions - each with its own procedural rules and laws.

Established in Florida in 1967, Podhurst Orseck has nearly fifty years of trial and appellate practice experience and focuses half of its litigation practice on complex commercial cases.

The term "commercial litigation" encompasses a vast array of practice areas and types of litigation. Our team of lawyers has a strong grasp of virtually every facet. We focus on complex commercial litigation matters, which also include: contract disputes , securities litigation , business torts , anti-trust claims and representative litigation, among many others.

Nationally Recognized Attorneys

Our trial and appellate attorneys have garnered national recognition for their experience, professionalism and ethical reputation in commercial litigation. The attorneys at Podhurst Orseck have been listed in "Best Lawyers in America" since 1983, making them some of the most widely respected advocates in their fields. Partners Aaron S. Podhurst, Robert C. Josefsberg, Joel D. Eaton and Peter Prieto have consistently earned this distinction and the firm continues to build on this foundation of excellence year after year.

Podhurst Orseck currently holds the prestigious "AV" rating from Martindale-Hubbell. This rating is the highest possible recognition from Martindale-Hubbell. "U.S. News and World Report," a recognized leading source of litigation firm rankings, has named Podhurst Orseck a "Tier 1" law firm in the practice area of commercial litigation.

Our Florida lawyers represent clients in both straightforward and complex commercial litigation suits, ranging in magnitude from nationally recognized corporate entities to individual clients with equal alacrity.

The firm has enjoyed a history of success and continues to take on challenges that would ordinarily dissuade others. Our experience and perseverance have led our firm to many notable achievements.

In 2011, Podhurst Orseck Partner Aaron Podhurst was co-lead counsel representing a plaintiff class action including over 350,000 individuals in a multi-district overdraft settlement involving over 30 of the largest financial institutions in the country. Part of that case resulted in $410 million settlement, which lead to a .45-cent-on-the-dollar award against Bank of America for the class. In 2012, the firm went on to secure over half a billion dollars in settlements against other institutions in the lawsuit, including J.P. Morgan Chase, Citizens Bank and others.

Podhurst Orseck was also at the forefront in the Chinese drywall litigation, in which thousands of plaintiffs were impacted when their homes were destroyed by deficient foreign-made drywall materials. Our Florida commercial litigation law firm currently represents thousands of former National Football League players seeking restitution against the League for game-related concussions.

A Lawyer at Podhurst Orseck Can Handle Your Commercial Litigation Matters

Whether you are an individual business owner or the manager of a multi-million dollar company, a Florida commercial litigation lawyer at Podhurst Orseck can help you with even the most complex issues.

Commercial and Complex Litigation News

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Florida Commercial & Complex Litigation Lawyer | Podhurst Orseck

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Commercial litigation is routinely complex. The legal protections afforded to business entities, such as partnerships and corporations, are multifaceted in nature and consist of many levels of liability and complex avenues iof claims for damages.

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A major emphasis within the firm's general tort practice is aviation litigation. The firm is recognized as one of the premier plaintiffs' aviation law firms in the world.

We believe that the firm has handled more plaintiffs' aviation cases than any other firm in the southeastern United States. The firm has represented multiple victims of over 40 major air disasters over the past four decades. In addition, the firm has handled in excess of 100 small or light plane crashes involving private, non-commercial airplanes.

Members of this firm have chaired the Aviation and Space Committee of the Tort & Insurance Practice Section of the American Bar Association, the Aviation Committee of the Association of Trial Lawyers of America, the Aviation Committee of The Florida Bar and the Aviation Advisory Committee of the Association of Trial Lawyers of America.

We have been guest lecturers at more than 100 aviation law seminars, including the American Bar Association's National Institutes on Aviation and Lloyds of London's international meetings, at Florida Bar, the Florida Justice Association and American Association for Justice seminars. Firm members have been court appointed as lead counsel in federal aviation multidistrict litigation proceedings and have successfully tried or settled numerous aviation accident cases.

Two of our partners are licensed pilots. One served as a naval aviator in the United States Navy from 1965 to 1971 and flew 150 combat missions in Southeast Asia in carrier-based A-7 aircraft. He also worked as an aircraft systems safety engineer and accident investigator for the Vought Aeronautics Division of LTV Aerospace Corporation between his service in the Navy and attendance at law school.

This firm is proud to have played a prominent role in the development of aviation jurisprudence over the past thirty-five years. It has acquired in this context specialized expertise on such complex questions as to jurisdiction, venue, forum non-conveniens and choice of law. Members of this firm have appeared before every local federal and state court, the Eleventh Circuit Court of Appeals, the Florida and U.S. Supreme Courts, the Panel on Multi-District Litigation and the U.S. Congress on behalf of aviation plaintiffs.

Members of our firm have also made several guest appearances on CNN News, Wall Street Live News, BBC News, CBS News, and CBC Sky News.

Please click on the links below to view television interviews regarding Lion Air Flight 610, Ethiopian Flight 302, Malaysian Flight MH370, Germanwings Flight 9525, and United Airlines Flight 3411.

Lion Air Flight 610
Ethiopian Flight 302
Malaysian Flight MH370
Germanwings Flight 9525
United Airlines Flight 3411

On October 29, 2018, Lion Air Flight 610 crashed off the north coast of Karawang Regency, Indonesia 13 minutes after takeoff for its flight from Soekarno-Hatta International Airport in Jakarta, Indonesia to Depati Amir Airport in Pangkal Pinang, Indonesia.

Steven C. Marks and the attorneys at Podhurst Orseck have served as lead counsel, appointed court counsel and/or counsel representing victims and families in a number of commercial major airline crashes over the past 30 years. Steve's experience includes serving as co-lead trial counsel representing the victims of the Silk Air Flight MI185, which crashed into the Musi River in Palember, Indonesia during its flight from Jakarta to Singapore in December 1997.

The Podhurst Orseck attorneys are actively monitoring the investigations into what caused Lion Air Flight 610 and Ethiopian Flight 302 to crash and are representing families of the passengers. Please see below the latest news about the investigations and check back frequently for updates.

Since the Ethiopian Airlines Flight 302 disaster, more than 45 countries have grounded all Boeing 737 Max 8 flights and have suspended further operation until the aircraft is deemed airworthy. On March 14, 2019, Boeing took an active step and grounded all 737 Max series aircraft worldwide until further notice, thus eliminating the need for governments to evaluate airworthiness on a case-by-case basis.

Boeing's response following the two major 737 Max 8 disasters - Ethiopian Flight 302 on October 28, 2018 and Ethiopian Airlines Flight 302 on March 10, 2019 - has been rather piecemeal and insubstantial. After the Ethiopian Flight 302 crash, Boeing issued an emergency airworthiness directive, advising pilots in-training (and airlines operating the 737 Max 8) on how to appropriately respond to activation of the MCAS when the system is being guided by erroneous sensor readings.
Washington Post

CBS News

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A major emphasis within the firm's general tort practice is aviation litigation. The firm is recognized as one of the premier plaintiffs' aviation law firms in the world. We believe that the firm has handled more plaintiffs' aviation cases than any other firm in the southeastern United States.

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Since Podhurst Orseck was founded in 1967, our personal injury practice has been a cornerstone of our law firm. Our first-class team of litigators and trial lawyers handle a wide variety of personal injury claims, including automobile liability, products liability and business torts. We focus exclusively on trial and appellate litigation, and provide legal representation in both federal and state courts.

Legal Advocacy from Top-Ranked Lawyers

Our trial team has earned a global reputation for its litigation prowess and received praise for their expertise. Founding partner Aaron Podhurst, has been ranked among the strongest litigators and is widely respected for his expertise in aviation litigation and complex class actions. Civil litigator Robert Josefsberg, has been called "a true litigation hero" and peers say "the judges love him and his trial experience is second to none." Our lawyers are consistently recognized as some of the top attorneys in the U.S. Seven of our firm's 12 lawyers were ranked as "The Best Lawyers in America" in 2013, according to Best Lawyers. Our attorneys have also received other national and regional recognition.

We represent clients with the following types of personal injury cases:

The legal team at Podhurst Orseck, P.A., has handled hundreds of personal injury cases and helped clients recover compensation.

Who Can Bring A Wrongful Death Lawsuit?

Wrongful death refers to a civil action in which the plaintiff seeks damages for the death of a family member who was killed due to another party's willful or negligent actions. State laws vary regarding which family relations are eligible to file a wrongful death lawsuit. Typically, close family members such as a spouse, parent or child will be able to bring a wrongful death suit. In general, plaintiffs in wrongful death lawsuits seek compensation for medical expenses and funeral expenses. Depending on the circumstances, plaintiffs may also be able to recover damages to compensate them for loss of companionship and/or economic support.

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Florida Personal Injury Lawyers, Wrongful Death

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Since Podhurst Orseck was founded in 1967, our personal injury practice has been a cornerstone of our law firm. Our first-class team of litigators and trial lawyers handle a wide variety of personal injury claims, including automobile liability, products liability and business torts.

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The Miami law firm is a small, tight-knit group of attorneys accustomed to playing on the national and international stage.

By Catherine Wilson | September 10, 2019 at 09:36 AM

Podhurst Orseck was founded in Miami more than half a century ago by two friends, Aaron Podhurst and Bobby Orseck. Podhurst was the trial lawyer, and Orseck handled the appellate work. Orseck tragically drowned in Israel in 1978. Podhurst, to this day, practices law full time.

From its founding in 1967, Podhurst Orseck has remained a firm of no more than 15 or so lawyers. We are exclusively a trial and appellate litigation boutique. Over the years, Podhurst Orseck has attained a global reputation for representing the families of victims of aircraft accidents and a national reputation for doing high-stakes litigation in class action and mass tort, including multidistrict litigation.

Podhurst Orseck, on a day-to-day basis, is managed by Steve Marks and Peter Prieto with advice and counsel from Podhurst. But virtually every significant business decision is made with input from all of the partners and associates. For example, every lawyer has a say in the firm's hiring decisions.

Though we are Miami-based, we have built a global practice that consistently competes with large firms around the world. Our attorneys routinely are involved in challenging and complex commercial litigation, aviation, class action, white collar defense, appellate and personal injury cases. For example:

We serve as lead counsel in the Takata air bag MDL, which has recovered $1.5 billion as part of the largest automotive recall in U.S. history,

We served on plaintiffs committees guiding the NFL concussion MDL, where a groundbreaking, uncapped settlement exceeding $1 billion was reached,

We served as class counsel in the nationwide force-placed insurance class action litigation, where settlements totaling in the hundreds of millions of dollars were reached with financial institutions accused of placing high-priced homeowner insurance policies on mortgages in exchange for kickbacks from insurers,

We serve as lead counsel in the bank overdraft MDL, where the country's largest banks paid in excess of $1 billion to settle claims of overcharging customers,

Our firm's expertise in aviation litigation can be traced back to a single event - the 1972 crash of Eastern Airlines Flight 401 in the Florida Everglades, which killed 101 people and injured dozens. We served as lead class counsel for the victims. Since then, Podhurst Orseck has represented victims in more than 150 crashes and air disasters, and have handled more plaintiffs aviation cases than any other law firm in the Southeast.

The firm represents dozens of families in the Lion Air Flight 610 and Ethiopian Flight 302 airline crashes involving the Boeing 737 Max.

We serve on the plaintiff's leadership committee of the Blue Cross Blue Shield MDL alleging the health insurer conspired to fix prices and allocate territories.

Firm: Podhurst Orseck

Firm leaders: Aaron S. Podhurst, founding partner; Steve C. Marks, managing partner; Peter Prieto, head of commercial litigation and class action practice

Head count: 16 attorneys, not including temporary or contract attorneys

Location: Miami

Practice areas: Trial and appellate litigation including aviation, personal injury, products liability, class actions and complex commercial litigation
Do you offer alternative fee arrangements?
Yes. While alternative fee arrangements are a novel concept for most firms, they are fairly routine at Podhurst Orseck because more than half of our cases - both personal injury and commercial litigation - are contingency-fee based. Because of our familiarity with alternative fee arrangements, we are able to develop creative arrangements that align our firm's interests with those of our clients. As a result, when our clients succeed, we succeed. Clients are attracted to this because while some firms pay lip service to alternative fee arrangements, we deal with them on a daily basis.
What do you view as the two biggest opportunities for your firm, and what are the two biggest threats?
One of the opportunities we have seen is the ability to partner with other law firms who may need either our expertise or resources to bring and prosecute a significant case. Our relationship with these firms is very important to us.

As a firm, we've also been open to taking calculated risks where we see opportunity for growth. One was handling overseas airline crash cases even as U.S. courts expressed a growing reluctance to hear them. Most aviation law firms were unwilling to represent victims of foreign crashes in U.S. or foreign courts. We decided it would be a challenge and perhaps a little risky, but worth it.

The decision helped position Podhurst Orseck as a go-to firm in the event of a crash anywhere in the world. We have the legal expertise, we have the experts, and we have the knowledge of the products. Now, people from all over the world call us when there's an international accident, asking, "Would you be willing to get involved." We've built a global network of partner law firms as a result.

One of our biggest threats concerns access to the courts. The broad application of the doctrine of forum non conveniens, for example, continues to deny access to U.S. courts to personal injury victims, including U.S. citizens. Similarly, the requirement in federal court that a complaint state a plausible claim has been interpreted by some courts so restrictively that sometimes a plaintiff is essentially required to prove - as opposed to simply allege - his case at the pleading stage without the benefit of any discovery.

Another significant threat is the constant narrowing by certain courts of the claims that our clients are able to bring to recover for their injuries. The class action device - though still found in the rule books in both federal and state law - continues to be whittled down and eliminated through arbitration clauses that are buried and no one ever reads.
The legal market is so competitive now - what trends do you see, and has anything, including alternative service providers, altered your approach? Is your chief competition other mid-market firms, or is your firm competing against big firms for the same work?
The biggest trend we see is the importance of technology to deal with the large amount of e-discovery that is part of any sizable litigation. Artificial intelligence and technology assisted review, or TAR, is changing the way law firms deliver services in more efficient and effective ways. We have adapted to that trend by using TAR for key cases and by the strategic and temporary hiring of contract attorneys when a particular case requires it. That permits us to raise our overhead temporarily but only when necessary.

While the majority of our firm's practice is focused on representing plaintiffs, particularly personal injury victims and consumers, a significant portion of it involves the representation of several key, corporate defendants, including local businesses, law firms and accounting firms. As a result, we compete not only with other litigation boutiques but in some cases with larger firms.
There is much debate around how law firms can foster the next generation of legal talent. What advantages and disadvantages do midsize firms have in attracting and retaining young lawyers, particularly millennials?
Over the years, we have had at least two significant advantages in attracting young talent.

First, is the reputation of Podhurst Orseck - built over half a century - for doing sophisticated and impactful legal work. In the unfortunate case that an aviation accident occurs anywhere in the world, Podhurst Orseck is very likely to receive a call by one or more of the victims' family. This is not meant as a boast, but as fact.

Second is our emphasis that all of our lawyers get involved with their communities or their profession. We encourage this and have led by example, starting with Aaron Podhurst and Bob Josefsberg, both of whom are recognized for their community and nonprofit work as much as they are for their work in the courtroom. And that's why our lawyers, no matter their level, are involved in the arts, bar organizations, and educational and civic institutions. As a result, Podhurst Orseck as a brand resonates with younger attorneys as both an exceptional law firm to practice law and build a legal career at as well as a cause-related company engaged in community and issue advocacy.

The only difference that we may have from some larger firms is the lack of a formalized training program. We are simply not big enough and frankly don't have the time for a so-called formal program. Instead, our more senior lawyers mentor and supervise our junior lawyers who learn - and learn fast - by handling hearings, taking depositions and participating in trials early on in their careers. Our junior lawyers receive as much responsibility as they can handle. We sometimes tend to describe it as "swim or swim" because sinking is not an option. But we believe that's how young lawyers learn and, more importantly, grow as lawyers.
Does your firm employ any nonlawyer professionals in high-level positions (e.g. COO, business development officer, chief strategy officer, etc.)? If so, why is it advantageous to have a nonlawyer in that role? If not, have you considered hiring any?
We have one nonlawyer professional, our office administrator, Carole Curran, who has been with our firm for decades. Curran handles virtually all of the firm's administrative responsibilities and, as they say, "makes the trains run on time." She is assisted and supported by Victor Mas, who has been with our firm for years, and a team of support staff.
What would you say is the most innovative thing your firm has done recently, whether it be technology advancements, internal operations, how you work with clients, etc.?
After spending years in our office on Flagler Street in downtown Miami, we relocated to the nearby SunTrust building in 2017. The layout and design of our new space fosters openness and communication among the lawyers and staff, and is helping us achieve our goal of becoming a paperless office. The latter has been more difficult to accomplish than the former. Because our casework is global, we have also been making significant investments in litigation technology that allows our attorneys to work in a seamless and efficient manner, regardless of where they are traveling in service to clients.
Does your firm have a succession plan in place? If so, what challenges do you face in trying to execute that plan?
Podhurst Orseck has a succession plan dictated by our lawyers, all of whom come from different generations. It starts with our founder, Podhurst, who along with Josefsberg and Joel Eaton, are senior partners who still enjoy and remain quite active in the practice of law. It is followed by Marks who was mentored by Podhurst and heads our personal injury and aviation practice, and Prieto, a former law school classmate of Marks, who joined the firm a decade ago and heads our firm's class action and commercial litigation practice.

In addition to Marks and Prieto, we have a group of very talented partners, all of whom handle personal injury, commercial litigation and appeals. These include Ricardo Martinez-Cid, a former president of the Cuban American Bar Association, and Stephen Rosenthal, a former law clerk to Circuit Judge Rosemary Barkett, as well as John Gravante and Ramon Rasco. Each of these attorneys has gained valuable mentorship from our senior partners during their time with the firm, and they continually transfer their expertise to their younger peers.

Our rising stars include partners Lea Bucciero and Matthew Weinshall, associates Alissa Del Riego and Kristina Infante as well as several staff attorneys, virtually all of whom came to our firm after completing federal clerkships at the district or appellate court level. We feel that with this blend of experience and younger talent, our future is very bright.

We've been the same size for the past 40 years. The reason is that if you get too big, you lose control, and there is a drop off in quality. You also don't know who your partners are, and you don't even know their wives and husbands and kids. We are a family at our firm in large part because of our family-like structure - that comes from our small size and culture.

Catherine Wilson Catherine Wilson is managing editor of the Daily Business Review. Contact her at cwilson@alm.com. On Twitter at @cmwalm

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Podhurst Orseck: Litigation Boutique With Focus on Class Actions, MDLs, Aviation | Podhurst Orseck, P.A.

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The Miami law firm is a small, tight-knit group of attorneys accustomed to playing on the national and international stage. By Catherine Wilson | September 10, 2019 at 09:36 AM Steve Marks and Peter Prieto, Podhurst Orseck Podhurst Orseck was founded in Miami more

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At Podhurst Orseck, class action and multidistrict litigation is a mainstay of our practice. The firm's legal practice, established over fifty years ago, in multidistrict litigation (MDL) class actions began in 1972 with the representation of victims of the crash of Eastern Airlines Flight 401 in the Florida Everglades. Partner Aaron Podhurst was appointed by then-U.S. District Judge Peter Fay to serve as the chairman of the plaintiffs' executive committee among the lawyers representing hundreds of cases in the matter. The case was resolved within a year - a rarity for multidistrict litigation - and served as a stepping-stone to the firm's success.

The attorneys of our firm have served as court-appointed lead or liaison counsel in numerous major class actions, including aviation, securities litigation, investor fraud cases, pharmaceutical, consumer, healthcare and insurance litigation. From its inception, the firm has cultivated the appellate and class action practices of not only the firm's trial lawyers, but also representational partnerships with other lawyers throughout the nation. Our firm members practice in many state and federal appellate courts, including the United States Supreme Court. The firm's practice serves clients residing or based domestically throughout the United States as well as those around the world.

Nationally Recognized Class Action Lawyers

Podhurst Orseck attorneys have received a "Tier 1" rating from U.S. News and World Report for their personal injury, commercial and appellate litigation skills related to class actions. Partners Aaron A. Podhurst, Robert C. Josefsberg, Joel D. Eaton, Steven C. Marks, Peter Prieto, Stephen F. Rosenthal and Ricardo M. Martinez-Cid have been listed in Best Lawyers in America and received numerous other personal accolades for representation in class action and multidistrict litigation.

Podhurst Orseck's attorneys are respected nationally and internationally for their involvement and results in multidistrict class action litigation representation. Mr. Podhurst was selected as a "Legal Legend" for his contributions to the South Florida legal system. Mr. Josefsberg has been listed in Chambers and Partners as one of the top four commercial litigators in Florida and named the, "#1 trial lawyer in Florida," by Super Lawyers.

Mr. Prieto has been recognized for his practice skills in challenging RICO class actions and has been acknowledged as one of the "Top Lawyers in South Florida," according to the South Florida Legal Guide. He is listed in The Best Lawyers in America, Florida's Legal Elite, and Chambers USA, which praised Mr. Prieto for his thorough advice, trial experience and good judgment.

Podhurst Orseck has invested significant firm resources and trained and established a sizeable support staff to service its class action representation areas. Podhurst Orseck lawyers have chaired and served on the steering committees of many national multi-district litigation proceedings in federal courts involving products defects, consumer fraud, major commercial aviation crashes and other mass torts. These cases represent millions of dollars in settlements and awards.

Class Action News
Yes, There's An Attorney Behind Actor Morgan Freeman's Ads for Air Bag Recall VW Settles Suspension Defect Class Action For $57M Podhurst Orseck Coordinates Work Generating $1.5 Billion in Takata Air Bag Settlements Ford Motor for $299 Million Over Takata Air Bag Takata's Air-Bag Recall Falls Short, Plaintiffs Lawyers Say Ford Motor Settles for $299 Million Over Takata Air Bags Ford Motor Settles for $299 Million Over Takata Air Bags Hausfeld, Podhurst Picked To Lead Salmon PriceFixing Suit

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At Podhurst Orseck, class action and multidistrict litigation is a mainstay of our practice. The firm's legal practice, established over fifty years ago, in multidistrict litigation (MDL) class actions began in 1972 with the representation of victims of the crash of Eastern Airlines Flight 401 in the Florida Everglades.

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White collar crime refers to non-violent crimes committed for financial gain. In light of the financial scandals that have rocked the economy in recent years, white collar crimes have attracted increased media, legal and regulatory attention. Because cases involving white collar crimes often involve technically complex financial and business transactions, it is important to consult an experienced litigator with knowledge of both criminal and business law. Podhurst Orseck is a Florida white collar criminal litigation law firm nationally recognized for its litigation skills and experience in criminal defense.

White Collar Criminal Defense Services

Podhurst Orseck represents clients in a variety of white collar crime matters including cases involving:

Both individuals and businesses in Florida may be accused of criminal acts for financial gain or to defraud customers or the public. The penalties and fines can cripple a business and the consequences of a conviction can result in a lengthy jail sentence. Minimizing or avoiding the serious consequences associated with a conviction for white collar criminal activity is essential. Podhurst Orseck helps clients navigate the often complex issues raised in a criminal litigation.

Our Attorneys Can Help You Build a Defense

If you are under investigation or charged with a white collar crime, an experienced white collar crime lawyer can help to preserve your finances and your freedoms. Our firm's legal team represents clients to help protect their constitutional rights violations, investigating the case and interviewing witnesses, exploring and raising defenses, identifying weaknesses in the prosecution's case and handling all other aspects of a successful criminal defense.

Podhurst Orseck has been recognized by local and national organizations for their litigation experience. As a leading Florida white collar criminal litigation law firm, we are committed to helping clients accused of wrongful and illegal acts.

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Florida White Collar Crime Lawyer | Podhurst Orseck

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White collar crime refers to non-violent crimes committed for financial gain. In light of the financial scandals that have rocked the economy in recent years, white collar crimes have attracted increased media, legal and regulatory attention.

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While flying is one of the safest means of travel, the consequences can be serious when airplane crashes do occur. Commercial airplane accidents are far less common than car accidents, but are more likely to cause severe injuries or fatalities. If you or a loved one have survived such an accident, you may be in shock, and unsure of what to do. Fortunately, there are options to ensure that you receive compensation for any medical expenses or mental health treatment you may need following the accident.

Causes of Airplane Accidents

There are many potential issues that can lead to an airplane accident, which means that multiple parties may be liable for injuries that occur. If the plane itself or its components are found to be defective, a product liability lawsuit may be brought against the manufacturers.

However, the most common cause of airplane accidents is human error. This could be a mistake made by the pilot, the maintenance crew, or the air traffic controller. In these cases, a negligence or tort claim can be brought against the party found to be responsible for the crash. Since the specific cause of a crash is not always clear, you may have multiple options for recovery.

Common Injuries in Airplane Accidents

Most injuries that occur on airplanes are not crash-related. It is more common for passengers to be injured by turbulence, food carts, or baggage falling from the overhead bins. Generally, these lead to relatively minor injuries such as scrapes, bruises, or broken bones. On the other hand, crashes usually result in more severe injuries, including:

What to Do If You've Been Injured

Being involved in an airplane crash is a traumatic experience, and one that most people never envision themselves being in. Therefore, it is normal if you are shocked or confused in the aftermath of the crash. However, knowing the correct steps to take can help you ensure that you receive compensation for medical expenses, pain and suffering, and lost wages.
Seek Medical Care
Before doing anything else, make sure that you receive immediate medical attention. Even if your symptoms seem to be minor, they can worsen if you are not seen by your doctor right away. In addition, it is important to have proper documentation of your injuries if you intend to file a claim.
Contact a Plane Crash Attorney
It is recommended that you consult with an aviation accident attorney before contacting the airline's insurance company. The job of the insurer is to represent the airline's interests, and they will try to settle your claim for the lowest amount they can get away with. In addition, an attorney familiar with the industry will be able to help you determine which jurisdiction to file your claim under, and how to receive assistance from the federal government under the Aviation Disaster Family Assistance Act.
Report the Accident
Your injury should be reported to the airline and their insurance company. There are also a number of federal agencies that investigate airplane crashes:

National Transportation Safety Board. All airplane crashes that involved US airlines or that depart or arrive from US airports should be reported to the NTSB for investigation. They will make the final determination as to the causes of the accident and make safety recommendations to prevent similar accidents from occurring in the future.

Federal Aviation Administration. The FAA is a subsidiary of the US Department of Transportation and determines regulations for airline safety. If an airline, air traffic controller, or group crew violated these regulations, the FAA will investigate the accident as well.

File a Claim
If they are cooperative, you may be able to settle your claim directly with the airline and their insurance carrier. However, in many cases, you may need to take legal action in order to receive the maximum compensation you are entitled to. Your options for recovery will depend on the specifics of your case.

Product Liability Claims can be brought against the plane or parts manufacturers for crashes due to defective, faulty, or poorly designed equipment.

Negligence Claims can be brought against the airline or airport for accidents caused by human error, such as a mistake on the part of the pilot.

Federal Tort Claims can be filed when it is found that an FAA employee was the cause of the accident, such as an air traffic controller.

Aviation accidents are a complex subset of personal injury law. For that reason, it is wise to have an attorney on your side that specializes in plane crashes and understands the nuances of the industry.

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What to Do If You've Been Injured in a Commercial Airplane Crash

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While flying is one of the safest means of travel, the consequences can be serious when airplane crashes do occur. Commercial airplane accidents are far less common than car accidents, but are more likely to cause severe injuries or fatalities.

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Rising Star: Podhurst Orseck's Kristina Infante

Law360 (June 9, 2022, 2:56 PM EDT) - Kristina Infante of Podhurst Orseck PA achieved millions of dollars in settlements for victims of the 2018 Marjory Stoneman Douglas High School mass shooting and is currently representing victims of the Boeing 737 Max crashes, earning her a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.

THE BIGGEST CASE OF HER CAREER:
Infante was lead counsel for 40 victims of the 2018 Parkland, Florida, high school shooting in a negligence lawsuit against the FBI. The case alleged that FBI tip line employees acted negligently and in violation of FBI protocol when they failed to alert the FBI Miami Field Office to tips regarding the shooter.

"We litigated the case for three years, and it took a lot of discovery, and we did a lot of work to preserve all of the factual records to show that there was liability on the part of the government," Infante said. "We succeeded and got a case settled for the Parkland families in November 2021."

The U.S. Department of Justice ultimately agreed to pay the victims $127.5 million.

"We really had to convince the court that this case was distinct from the average case. There were special circumstances and qualities about it that gave rise to liability," Infante said. "It was sort of a yearslong struggle to get there."

THE MOST INTERESTING CASE SHE'S WORKED ON LATELY:
Infante is working on an ongoing case helping to represent victims of the Boeing 737 Max plane crashes in Ethiopia and Indonesia. She argues that, in Boeing's haste to compete with Airbus, the company started shifting its attention to profit over safety a few decades ago, ultimately leading to the unsafe Boeing 737 Max taking flight.

"As we've been going through litigation and developing the discovery and getting more internal communications and emails, we've just learned so much about that story from inside Boeing," Infante said.

In her role helping the plaintiffs, she's also fighting against Boeing's deferred prosecution agreement with the federal government. That agreement resolved a criminal charge related to a conspiracy to defraud the Federal Aviation Administration's Aircraft Evaluation Group. In exchange, Boeing agreed to pay more than $2.5 billion.

"It was worse than negligence. It rises to a higher level than that, and so another part of the case that we've been spending a lot of our time on is that Boeing entered into a deferred prosecution agreement with the United States government," Infante said. "That's something that the victims that we represent in the tragedy have tried to challenge, because they didn't get a say in that. The victims of crimes, they didn't get a say in how Boeing was prosecuted in the case."

"It's a case that has morphed into lots of different things that stretched us in interesting directions that is not a typical court case or typical type of litigation that I do on the civil side because, as part of our representation of the victims, we're also representing them in this fight to challenge the deferred prosecution agreement," she added.

HER PROUDEST MOMENT AS AN ATTORNEY:
Infante said her proudest moment as an attorney was helping the Parkland families receive a settlement.

"It was a case that very few people thought could succeed and very few people believed in," she said. "When I began litigating that case, I was new at my firm. I was a pretty young lawyer when I took the case on and took leadership over it. I believed in it and I worked very hard at it for so long."

"These Parkland families have meant so much to me. My clients mean so much to me, and I was just so honored to finally have some justice for them in the case and to have accountability on the part of the FBI and achieve the result that we did," she added.

WHAT MOTIVATES HER:
Infante said she feels fortunate to do the type of work that she does. She noted that her clients have often suffered great, unexpected and horribly tragic losses.

"You have to be dogged, and you have to be a little bit obsessed, and I think that the thing that gets you up every day and gives you that kind of spark, that determination, is fighting for clients that you care about so much," she said. "You want to be able to do something for them to make their lives a little bit better and to help them to pick up the pieces of their lives that were changed by whatever the event is that brought me into their lives."

- As told to Madison Arnold

Law360's Rising Stars are attorneys under 40 whose legal accomplishments belie their age. A team of Law360 editors selected the 2022 Rising Stars winners after reviewing more than 1,350 submissions. Attorneys had to be under 40 as of April 30, 2022, to be eligible for this year's award. This interview has been edited and condensed.

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Rising Star: Podhurst Orseck's Kristina Infante - Podhurst

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Law360 (June 9, 2022, 2:56 PM EDT) - Kristina Infante of Podhurst Orseck PA achieved millions of dollars in settlements for victims of the 2018 Marjory Stoneman Douglas High School mass shooting and is currently representing victims of the Boeing 737 Max crashes, earning her a spot among the trial attorneys under age 40 [...]

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There are smart, and there are dumb, ways to resolve complex litigation. The dumb way is to litigate it for many years, at huge expense to all parties, and then resolve it on the eve of trial or during trial. Studies show 98% of all litigation is resolved before a verdict. So why wait until all the resources have been committed? The question all counsel should answer is what can be done in planning and prosecuting the case to reach that critical settlement-inducing point in a case before resources are wasted.

A few examples tell the story. In one major case involving hundreds of homeowners, it took more than five years to conclude the lawsuit during which the value of attorney time devoted to the case for all parties was three times what was ultimately paid by the defendants and perhaps four times what the plaintiffs actually received. The judicial process wasted years of resources, the defendants paid enormous funds messing around with discovery and other non-productive efforts, and the plaintiffs' receipt of funds was unreasonably delayed.

In stark contrast, in another recent case involving an action by approximately 100 opt-out policyholders from an insurance fraud class action, a trial date was reached and the case was resolved by settlement, all in just over one year from filing. Settlement was reached after a very compressed period of discovery in a severed test case, extensive mediation efforts, and a smart trial judge who promptly set the case for early trial, and refused efforts to delay.

What is the difference in the way these cases were handled? Often, it's the experience of counsel, their attitude toward recognizing the importance of a prompt evaluation and resolution, and an experienced judge who realizes how to encourage the parties to promptly and efficiently resolve complex litigation. However, there are practical tools available which, if used properly, can clearly increase the odds that a complex case will resolve efficiently and, relatively speaking, quickly.
Factors Inducing Settlement
Cases settle for a vast array of different reasons. Nonetheless, common elements exist. Boiled down to simple terms, and overlooking the indefinite dissimilarities between all cases, two common elements appear critical. First, counsel and the parties must have sufficient knowledge about the strengths and weaknesses of the case, including that of the opponent. Second, before a party in a complex case with much at stake is willing to act on that knowledge, the party must face a looming deadline, usually trial, that compels a client to make a decision. A simple cost-benefit analysis compels the settlement: the costs and risks of preparing for and going to trial are outweighed by the benefits of a settlement, which most parties have long realized. Other critical stages could be the anticipated revelation of key evidence.

In the insurance fraud case mentioned above, the critical date proved to be a combination of trial, which was days away, and the deposition of defendant's CEO. The risk to the defendant from the deposition had just escalated considerably with a key ruling by a discovery referee coming in the middle of the deposition, which permitted what would be an embarrassing line of questioning for the CEO and the company. Thus, the critical mass had been reached in barely over a year from filing in a fraud case involving about 100 separate frauds involving different plaintiffs and individual agents.

The lessons to learn, therefore, come from cases where that point of critical mass is reached quickly and efficiently, without the expense of additional resources to simply reach a result that could have been reached much earlier at far less expense. There are many types of cases that fall into the category of complex litigation, ranging from antitrust and insurance coverage cases to environmental and product liability mass tort cases. All such cases, regardless of whether they are prosecuted as class actions or large multi-party cases, can benefit from "special handling," by both counsel and the courts, to ensure that they are resolved promptly and efficiently. The role of counsel in resolving complex litigation is no more, and no less, important than the role of the court.

With "special handling," complex cases can be managed by counsel to assure the case reaches that point of critical mass to determine if settlement can be reached before trial. This includes the necessity for an early and carefully drawn case management plan, the use of representative test cases, if possible, to streamline discovery, and early scheduling for trial.
The Court's Role
Litigation, of course, is rarely predictable and many elements are often beyond counsel's control. For example, if only one party is interested in a smart resolution, the assistance of a judge willing to actively manage the case is required. As stated in the draft Judicial Council's Complex Litigation Deskbook, "[t]he judge's role in developing and monitoring an effective plan for the orderly conduct of pretrial and trial proceedings is crucial." ' 20.13.

Thankfully, plenty of authority exists to enlist a judge's active participation. For example, California Code of Civil Procedure '128 grants the Court power to "provide for the orderly conduct of proceedings before it, or its officers" and "to amend and control its process and orders so as to make them conformable to law and justice." Cal.Code Civ.Proc. '128(a)(3) & (a)(8); see also Id. ' 187 (implied powers of court). This provision, embodying the so-called "inherent authority" of the court to control its proceedings, must be exercised in complex cases. More to the point, however, judges are statutorily compelled under the Trial Court Delay Reduction Act to:

"eliminate delay . . . [and] actively manage the processing of litigation from commencement to disposition, and to compel attorneys and litigants to prepare and resolve all litigation without delay, from the filing of the first document invoking court jurisdiction to final disposition of the action." Gov.Code ' 68607.

Pursuant to the Act, the Judicial Council has promulgated alternative case management plans for use by courts in meeting the proscribed case disposition goals. See, e.g., Cal.Rule of Court 2101-2106. The tendency of counsel in complex cases, however, is to aim for the exemptions to these fast track rules, arguing that case complexity mandates an extended trial date due to the "exceptional circumstances" of the case. See, CRC 2105(d). However, the deadlines are not really that onerous. For example, CRC 2105 provides that even under these management rules, two years are permitted within which to dispose of complex cases. Second, if counsel suspects that delaying tactics are likely from opposing counsel, hard and fast deadlines provide useful ammunition to convince the court that delays should not be countenanced or, in the alternative, will be met with sanctions.

Alternative considerations, however, include asking that a matter be declared "complex litigation" under the Judicial Council's Standards of Judicial Administration, permitting assignment to an all purposes judge who can proscribe time limits for the litigation. In Master Calendar courts, case management is greatly improved with assignment to an all-purposes judge. In such courts, a party may move, either ex parte or by noticed motion, to have a matter declared complex and request assignment to a single judge who will take the case for all purposes. Cal.R.Ct., Appendix, Div.I, 19(b).

One "complex" insurance fraud case would have fared far worse had the trial judge and discovery referee not taken an active role in managing the case and moving it toward trial. In this regard, assignment of a matter to one courtroom for all purposes is a key step and, in many cases, counsel can take steps to ensure such an assignment. In addition, the use of litigation tools and good planning surely increase the odds of a smart resolution in any case. Some of the tools used in the insurance fraud case provide examples.
One Example Of Efficient Case Handling
In addition to being blessed with an active bench, three key areas come to mind that proved critical in resolving our insurance fraud case, which can be duplicated in other cases.

First, an effective case management order and other procedures should be adopted to, among other things, expedite a test case, stay pending cases, streamline discovery, and set early trial.

Second, use discovery to streamline the case by covering all generally applicable issues, but limited by factual elements of the test cases, and enlisting the aid of a discovery referee.

Third, plan for an early trial of all generally applicable issues in the test case, with the goal of providing a barometer to encourage settlement of the remaining cases.

Key Components For A Case Management Order
Counsel can set a case down the right track shortly after filing, or shortly after receipt of the complaint. An effective case management order will set the tone for the proceedings, create a roadmap for the efficient conduct of the case and, provided counsel is blessed with an active judge, the means for compelling prompt compliance. More importantly, a carefully-drafted case management order can assure that the parties reach the critical point for settlement as painlessly as possible under the circumstances, and at the earliest possible date.

Checklists of key items to include in the order appear in the Judicial Council's Complex Litigation Benchbook, ' 21.11, and in existing California Rules of Court. See CRC App. Div. I, ' 19(g). A few key provisions in a case management order are worth noting here. First, and most imperatively, advocate inclusion of an early trial date, or a means for advancing any proposed date. Regardless of whether counsel believes trial will ever begin on a particular date, or at all, a trial date nonetheless looms large on the calendar of all parties. By setting an early trial date, the court is creating a time limit on when discovery must be completed and experts must be designated. The amount of discovery can be controlled by the time available to complete discovery before trial. Counsel are forced to develop a discovery plan to focus on issues and efficiently prosecute the case. By limiting the time to complete discovery within a short period of time in a "complex" case, counsel will have to simplify the issues in discovery. In addition, setting the date automatically imposes the discipline of knowing that months prior, summary judgment motions must be filed, if at all, and in the weeks' prior, witness lists, exhibit lists, motions in limine, and other costly matters leading up to the final pre-trial conference must be done.

Firm discovery deadlines should also be included in the case management order, including deadlines for completion of written discovery, fact witness depositions, and expert discovery and depositions. Firm deadlines work to the advantage of both plaintiffs and defendants. Both parties have the basis for an argument to compel prompt compliance from a recalcitrant party. In addition, defendants often benefit because without good organization and efficient planning, a plaintiff can be hard pressed to complete needed discovery in the time allotted.

Resist efforts to lengthen the filing deadlines otherwise imposed by the Code of Civil Procedure. On specific motions that may arise, additional time can be sought for good cause. However, the inclusion in a case management order of a blanket extension of all deadlines only encourages delay when, in most instances, motions and opposition could otherwise be filed within the standard time periods.

Finally, address in the case management order whether a discovery referee will be used and, if so, the procedures governing appeals from the referee. The use of a discovery referee will allow the parties easy and quick access to a judicial officer to resolve discovery issues efficiently. The parties should have rights to appeal discovery referee orders, but the trial court should force the parties to bring matters to the trial court within days following the issuance of a recommendation to keep the case moving forward.
Identify Test Cases To Expedite Trial Date
Whether determined at the case management order stage or later, the use of test cases can greatly expedite and simplify complex litigation. Judges can often be persuaded to permit severance of a test case as it simplifies discovery, reduces law and motion practice on discovery disputes, simplifies trial management, and encourages settlement of remaining cases. However, whether by voluntary agreement or otherwise, a "test case" will only serve these ends if it is carefully selected.

A test case serves as a barometer for testing the theories in the overall case. This can have the effect of advancing the potential trial date and, again, shortening the time and expense required to reach that critical settlement point.

As an alternative to seeking agreement to proceed with a test case, plaintiffs counsel should determine whether any plaintiffs are entitled to statutory preference for early trial setting pursuant to C.C.P. '36. A party is entitled to preference if they are over the age of 70 and his or her health is such that the party's interest in the litigation could be prejudiced, such as by not being able to meaningfully participate or assist in their case.

Our insurance fraud case permitted this route as two plaintiffs were aged and in poor health. In a similar situation, the Big Rock Mesa-Ibarra litigation, which involved 391 plaintiffs and 47 separate actions, the 12 plaintiffs who had been granted preferential case treatment due to their age had their case tried first. After this "test case" was tried (to a plaintiff's verdict), both sides returned to the negotiation table and a settlement was reached regarding the remaining 379 plaintiffs and 46 separate actions. The settlement of these test cases saved valuable judicial time and expense to all parties.

If preference is granted, an expedited trial date is assured. Under California Code of Civil Procedure Section 36(a), a court is required to set a matter for trial within 120 days. Only one 15-day continuance is permitted and even then, only for good cause, such as the party's failing health. Moreover, a Court is generally without discretion to deny a preferential trial. Koch-Ash v. Superior Court, 180 Cal.App.3d 689 (1986).

Once a test case is selected, or preference is granted to certain cases, counsel should seek a stay in the remaining cases. It is well settled that "granting a stay in an action where the issues in two actions are substantially identical is a matter addressed for the sound discretion of the trial court." Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746. The issues in two actions are "substantially identical" when they contain the same factual subject-matter. Thomson, 66 Cal.App.2d at 746, n.5. Additionally, an exercise in its discretion to stay an action, the Court should consider the importance of avoiding multiple litigation designed solely to harass an adverse party. Id. at 746-47. Furthermore, the Court should consider "whether the rights of the parties can best be determined by the Court or the other jurisdiction because of the nature of the subject matter, the availability of witnesses or the stage to which the proceedings and the other Court have already advanced." Id.

However, even if the test case does not settle, the discovery obtained in the test case is invaluable to the remaining portion of the complex case that is stayed and provides a huge leg up on the remaining cases - generic discovery, applicable to all cases, is obtained in a matter of months, rather than years. Res judicata and collateral estoppel principles may narrow the remaining issues to be litigated in the complex case that was stayed.
Streamlined Discovery
If an early trial date is set, the discovery will be naturally streamlined because there is a limited amount of time to complete discovery. However, the parties should have the freedom to complete discovery on issues related to plaintiffs and defendants' cases. The parties should cooperate in coordinating discovery, but the court should not allow any party to delay discovery. If necessary, the parties can double or triple track depositions to complete discovery.

Having selected a test-case approach, the scope of permitted discovery must be addressed. Clearly, having stayed the balance of cases, specific discovery relevant to the stayed plaintiffs can be postponed. However, if a test case is to truly act as a barometer to encourage resolution of the stayed cases, discovery must be open to all generally-applicable issues involving the parties in the test case. For example, in one complex case involving literally hundreds of individual fraudulent statements, discovery regarding each individual plaintiff, and each agent which made the statements, would have dragged the case for years. It made sense, therefore, to limit discovery, in part, to the two specific frauds perpetrated in the test case. On the other hand, there was no reason to limit discovery directed to the defendants that were parties in the test case and the stayed case. Courts are permitted broad discretion in fashioning discovery plans, whether via the case management order or otherwise.
Trial And Trial Alternatives
Although much is written about alternatives to the trial of a matter as a method of resolution, there are various techniques and alternative processes to encourage settlement. These include the use of a mutually agreeable or court-appointed third party to assist as a mediator. A less well known technique is use of a disinterested party to act as an early neutral evaluator.

The benefits of using a mediator are well known. Mediation is a non-binding process supervised by a neutral person to facilitate the parties' negotiations. Selection of the mediator is critical. Not only does the mediator assure that the parties understand the positions of other parties, but he/she also ascertains the interests and objectives of the parties and quite often assist counsel in advising the clients of mutually acceptable options for resolution.

An early neutral evaluator is used less often, but can be extremely effective. This approach can serve as an alternative and more effective substitute for formal discovery, and perhaps even pre-trial motions. The early neutral evaluator conducts early meetings with clients and counsel and obtains from each side their respective evidence and arguments supporting the most important issues. The evaluator then summarizes the issues and may even provide an assessment of the various strengths and weaknesses of each party with respect to the issues. By providing both parties the independent, or neutral, evaluation, along with the reasoning that supports the evaluation, the evaluator can materially enhance the prospects of settlement, or, if settlement does not occur, can assist the parties in focusing on meaningful discovery to bring closure to disputed issues. If this still does not succeed in resolution, the evaluator can assist the parties in devising a discovery plan on keys issues that will expedite meaningful settlement discussions or resolution by trial.

Still another effective alternative to resolving complex litigation involves a summary jury trial (SJT). The court assists by selecting some agreed number of jurors from the regular jury pool, perhaps five to eight jurors. The jurors may or may not be told of the nature of the procedure. The case can be tried in a few days, or, in a very complex case, perhaps somewhat longer. Each side is allocated a fixed amount of time for opening statements and presentation of key evidence or witness summaries. While procedures are streamlined and jury instructions are abbreviated, the summary jury is then asked to answer specific questions on specific issues. The resolution by the jury of these issues should encourage settlement by informing all parties of the probable outcome of trial, allowing all parties to see and hear key evidence of other parties, and allowing parties to "vent" and have their day in court.

A variation of the summary jury trial conducted with regular jurors from the normal jury pool is some sort of a mini-trial before mutually agreed "jurors," who can either be selected by some survey process, or in some cases consist of senior executives of one of the parties, if convincing that party's management is considered an impediment to settlement. Such mini-trials are particularly suitable in major commercial litigation where expert testimony is expected to be critical to the outcome.

In summary, there are many ways to skin the complex litigation cat. Resolving complex litigation requires experienced trial counsel who are fully prepared to try the case to verdict, if necessary, but who recognize the advantages to all parties of a prompt evaluation, and the different attitudes and techniques required to bring about a prompt and efficient resolution. This usually benefits everyone. Even if counsel are not initially inclined to consider the alternatives to the usual "fight to the end, then settle" approach, early intervention by the court can change attitudes and the outcome. Sometimes it is counsel, and sometimes it is the court, that needs to be reminded that "business as usual" is not usually in the best interests of the parties or the court.

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Smart Ways To Resolve Complex Litigation - FindLaw

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There are smart, and there are dumb, ways to resolve complex litigation. The dumb way is to litigate it for many years, at huge expense to all parties, and then resolve it on the eve of trial or during trial. Studies show 98% of all litigation is resolved before a verdict.

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DOJ Seeks to Settle Claims From Victims of Gymnastics Doctor Larry Nassar

More than 100 girls and women who alleged sexual assault have made claims against the FBI for failures after Nassar was reported in the summer of 2015

Larry Nassar, a former team USA Gymnastics doctor, appeared in a Michigan court in 2018.PHOTO: REBECCA COOK/REUTERS
By Sadie Gurman
and Louise Radnofsky

Updated July 28, 2022 4:56 pm ET
WASHINGTON-The Justice Department has begun negotiations to settle claims by more than 100 women and girls of sexual assault by the former gymnastics doctor Larry Nassar, following multiple failings in the FBI's handling of the case, senior Justice Department officials told senators Thursday.

The claimants are primarily women and girls who allege sexual assault by Nassar after he was reported to the Federal Bureau of Investigation in the summer of 2015. Among them are Simone Biles, McKayla Maroney, Maggie Nichols and Aly Raisman, the first elite gymnasts identified as having been abused by the then-doctor to the national women's gymnastics team under the guise of medical treatment.

Justice Department officials this week began reaching out to lawyers for the women to begin settlement talks, Kenneth Polite, head of the criminal division, told several senators, including Sen. Richard Blumenthal, (D., Conn) and Sen. Chuck Grassley (R., Iowa), who have long criticized the bureau's handling of the Nassar investigation.

The department said in late May it was standing by an earlier decision not to charge the Indianapolis FBI agents who came in for the most criticism in a Justice Department report, drawing outrage from victims and some lawmakers. Mr. Polite, pressed on that decision on Thursday, told the senators that prosecutors had re-examined the case after new evidence surfaced but didn't believe they would be able to prove criminal charges in court, according to people familiar with the conversation.

Elite gymnasts Simone Biles, McKayla Maroney, Maggie Nichols and Aly Raisman delivered an emotional account of FBI failures in the investigation of former national team doctor Larry Nassar, in testimony before the Senate Judiciary Committee Wednesday. Photo: Saul Loeb/Associated Press
Mr. Polite, who was accompanied on the Hill by other officials from his office, also declined to give the lawmakers underlying evidence in the case that they had requested.

After the meeting, Mr. Grassley said the Justice Department was "trying to avoid accountability for its failures," and he planned to press top officials about the case during an oversight hearing next week.
"They should provide Congress more evidence to support their prosecution declination or let a jury decide whether laws were broken, like they do for everybody else," Mr. Grassley said.

Jamie White, a lawyer representing 13 women who say they were assaulted by Nassar following the FBI report, said he had been contacted by Justice Department officials in an email Wednesday, signaling the federal government was open to starting a conversation.

Mr. White, of the Michigan-based law firm White Law PLLC, said he planned to reply that he was open to that as well. In administrative tort claims filed against the agency in April, each of his clients are seeking up to $10 million, arguing that they were harmed by Nassar as a direct result of FBI agents' negligence and failure to follow Justice Department procedures and policies.

"This has been an unusual case since its inception in 2015, and I think the government recognizes the extraordinary significance," he said. "I personally, and my clients, appreciate them reaching out at least to approach the idea of a conversation."

John Manly, a lawyer who represents more than 90 women and girls who filed claims seeking more than $1 billion in June, declined to comment.

The FBI declined to comment.

The claims all draw on a withering report released by the Justice Department's inspector general last year that found that FBI agents in Indianapolis-who received an initial visit from USA Gymnastics to report Nassar on July 28, 2015-didn't take the claims seriously, document the evidence they received or transfer the allegations to the FBI's resident agency in Lansing, Mich. The report also found the agents later made false statements to cover their mistakes.

Nassar was allowed to quietly retire from USA Gymnastics, but continued to see other patients for almost 14 months after USA Gymnastics went to the FBI. He was publicly accused of assault in the fall of 2016, and by early 2018 had been sentenced to an effective life sentence in prison on sexual-abuse and child-pornography charges.

Mses. Biles, Maroney, Nichols and Raisman, who are some of the most famous figures in their sport, are each seeking $50 million from the agency, their lawyers said. That is based on the distress of both being misled about the investigation and finding out that reports of what had happened to them hadn't been enough to protect others.

The other women and girls-some but not all of whom are identified by name-say they were assaulted by Nassar after the FBI had "credible complaints from numerous sources and corroborating evidence." The amounts they are seeking vary.

FBI missteps have been at the center of several large settlements recently, including at least one in which victims sued citing what they said were failures by the bureau to act. The Justice Department last year agreed to pay $127.5 million to families of students and staff killed and survivors of a 2018 shooting at a South Florida high school settling lawsuits over the FBI's failure to investigate tips warning the shooter had guns and planned to attack.

The lawyer who spearheaded that effort, Kristina Infante of Miami-based Podhurst Orseck, used an unusual path to file suit against the U.S. for basic negligence under the Federal Tort Claims Act, even though sovereign immunity usually prevents people from suing the federal government.

Unlike in the gymnast case, where the government responded quickly, she heard nothing substantive for six months. She filed her clients' claims in 2018 and the case settled in November 2021.

"I'm very heartened to see that Parkland has created a road map," she said. "There are facts about the gymnast case that make it in some respects stronger."

Christopher Wray, the FBI director since 2017, said at a congressional hearing last month that the bureau has made a number of changes since the Nassar case unfolded.

"I'm determined to make it right, now that I'm here, and we're going to make sure that everybody in the FBI learns the lessons from that tragic experience," he said.

Mr. Polite and his staff on Thursday also suggested to lawmakers some changes in legislation that they said would improve child sex-assault reporting.

Write to Sadie Gurman at sadie.gurman@wsj.com and Louise Radnofsky at louise.radnofsky@wsj.com
Appeared in the July 29, 2022, print edition as 'Settlement Sought With Nassar Victims'.

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DOJ Seeks to Settle Claims From Victims of Gymnastics Doctor Larry Nassar - Podhurst

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More than 100 girls and women who alleged sexual assault have made claims against the FBI for failures after Nassar was reported in the summer of 2015 Larry Nassar, a former team USA Gymnastics doctor, appeared in a Michigan court in 2018.PHOTO: REBECCA COOK/REUTERS By Sadie Gurman and Louise Radnofsky Updated July 28, [...]

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America’s Elite Trial Lawyers (2022) - Podhurst

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By STACI ZARETSKY, On August 24, 2022 at 12:12 PM The dog days of summer are here, but lawyers still need some excitement in their lives, so it’s the perfect time for rankings and awards to be handed out. Luckily for us, the National Law Journal just named its Elite Trial Lawyers for 2022, a top pri…

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Podhurst Orseck Promotes Kristina Infante to Partner, Zachary Gorwitz Joins as Associate

MIAMI, FL - November, 2022 - Litigation powerhouse Podhurst Orseck has promoted Kristina Infante to partner at the Firm and hired Zachary Gorwitz as an Associate. Podhurst Orseck has built a national reputation for its highly specialized practice in complex litigation, class action, appellate, and aviation matters.
Infante joined Podhurst Orseck in 2018 and has since led or been involved in some of the nation's most high-profile and noteworthy cases, including the recent historic settlement secured in the lawsuit against the United States government in relation to the Marjory Stoneman Douglas Highschool mass shooting in Parkland, the $57 million settlement with Volkswagen related to defective suspensions, as well as the Boeing 737 Max 8 Lion Air and Ethiopian Airline tragedies.
"From aviation and commercial litigation to class actions, Kristina's skillset and go big or go home attitude across all areas has been an invaluable asset to our firm over the last few years," said Podhurst Orseck Partner Steven C. Marks. "Her promotion to partner is only a natural progression in what is sure to be an incredibly prosperous and illustrious career. We are incredibly fortunate to have someone like Kristina continue her journey with Podhurst Orseck providing the consummate example for the next generation."

Infante received her Juris Doctorate magna cum laude from New York University School of Law in 2014, where she was a member of the Order of the Coif and served on the New York University Law Review. She earned a Bachelor of Arts degree in Political Science and International Studies from Northwestern University. Prior to Podhurst Orseck, Infante practiced at Boies Schiller Flexner where she focused on products liability cases and complex commercial litigation on behalf of both plaintiffs and defendants. Infante also clerked for Judge Adalberto Jordan on the U.S. Court of Appeals for the Eleventh Circuit.
Since joining the firm, Infante has been recognized by Chambers USA, as one of the National Law Journal Plaintiffs' Lawyers Trailblazers, a Super Lawyers' Rising Stars for 2022 and one of Law360's 2022 Rising Stars.

Gorwitz will focus his practice on personal injury, aviation, mass torts, and complex litigation working alongside longtime Podhurst Orseck partners Ricardo Martinez-Cid and Lea P. Bucciero.
"Although we are blessed with an abundance of work, we remain very selective about hiring. But Zach is an obvious star," said Podhurst Orseck Partner Ricardo Martinez-Cid. "Zach has all the tools to be a top trial lawyer."

Born and raised in South Florida, Gorwitz joined Podhurst Orseck after serving as a law clerk to the Honorable Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit and the Honorable Federico A. Moreno of the U.S. District Court for the Southern District of Florida. He also previously spent time as a Summer Associate with Williams & Connolly in Washington D.C.

Gorwitz graduated from Duke University with a B.A. in Public Policy studies and holds a J.D. from the New York University School of Law where he was a member of the Order of the Coif, a Florence Allen Scholar, a Lederman Fellow in Law and Economics, served as an Executive Editor of the Law Review, and was a Legal Fellow at the Policing Project. While at Duke, Gorwitz served for a year on the University's Board of Trustees, worked for a non-profit organization in South Africa, and was an associate in the White House Office of Presidential Correspondence during the Obama Administration.

###

About Podhurst Orseck:
Founded by Aaron Podhurst and Robert Orseck in 1967, Miami-based Podhurst Orseck, P.A., is a top-flight boutique trial and appellate firm with a global reputation for its tort litigation involving aviation, complex commercial and class action, white collar defense, and personal injury. Additionally, the firm has a strong appellate practice, handling appeals for its own attorneys and attorneys throughout the nation, in various state and federal appellate courts, including the United States Supreme Court. The firm has consistently received an AV-Rating from Martindale-Hubbell Law Directory, the highest possible rating, based on legal ability and general ethical standards. For more information, please visit www.podhurst.com.

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Podhurst Orseck Promotes Kristina Infante to Partner, Zachary Gorwitz Joins as Associate - Podhurst

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MIAMI, FL - November, 2022 - Litigation powerhouse Podhurst Orseck has promoted Kristina Infante to partner at the Firm and hired Zachary Gorwitz as an Associate. Podhurst Orseck has built a national reputation for its highly specialized practice in complex litigation, class action, appellate, and aviation matters.

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What is Aviation Law? This highly specialized field of law encompasses most facets of air travel, as well as the operation and regulation of business issues relating to air travel, which requires a comprehensive knowledge of FAA regulations, specific laws regarding flight, and an in depth understanding of aviation. Aviation law pertains to nearly all individuals connected to the operation and maintenance of aircraft.

The practice of Aviation law can include litigation on behalf of families who are suffering from loss or injury due to an aircraft tragedy and the defense of an aviation professional accused of violating Federal Aviation Regulations.

Most aspects of aviation law fall under the oversight of the Federal Aviation Administration (FAA). Although, air traffic regulation polices, laws and administrative agencies have been created by both federal and state government, with certain restrictions preventing states from regulating routes, services, or the rates of all air carriers authorized to provide interstate air transportation by the Federal Aviation Act. States may alter existing remedies and enact state laws consistent with federal mandate, though. Additionally, Federal law does not preempt state products liability law, and more often than not, in most defective product cases, aviation manufacturers may be held strictly liable.

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aviation law - guide to aviation law - aviation law info

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What is Aviation Law? This highly specialized field of law encompasses most facets of air travel, as well as the operation and regulation of business issues relating to air travel, which requires a comprehensive knowledge of FAA regulations, specific laws regarding flight, and an in depth understanding of aviation.

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Miami State Court Jury Hands Down $13M for Podhurst Orseck Client

The $13 million verdict included emotional damages sustained by the victim's wife, who has become his full-time caregiver. Daily Business Review, Michael A. Mora, November 22, 2022
The Miami-Dade Circuit Court entered a default judgment against the defendants, Tableros De Fibra De La Subbetica Sl and Studio Design LLC.

It was a one-day trial in which the jury returned a verdict within an hour.

A jury returned an eight-figure verdict for the client of a Podhurst Orseck litigator-a construction worker who became permanently disabled after a panel display collapsed on top of him, causing a traumatic brain injury from multiple blows to his head.

Pablo Rojas of Podhurst Orseck in Miami represented plaintiff Jacinto Tamayo Perez against the defendant Tableros De Fibra De La Subbetica Sl.

The case before Miami-Dade Circuit Judge Gina Beovides exemplified the importance of "being persistent, zealously representing your clients and never giving up even in the face of procedural obstacles," particularly, because the main defendant refused to appear in the litigation, the attorney said.

"A challenge is ensuring that the jury doesn't penalize you or your client for the fact that the defendant has refused to appear, and doesn't challenge the credibility of your presentation because nobody is there to challenge it," Rojas said. "We did that successfully here, and the jury delivered a result consistent with our client's damages."

Now, the circuit court jury returned a $13 million verdict consisting of past and future damages for Perez, including $5 million for lost earnings and medical expenses, and $5 million for pain and suffering.

The verdict included an award to Perez's wife of $3 million for the emotional damages she sustained.

The verdict followed a settlement with a third-party specialty carpentry company, BP Wood LLC.

The case dates to July 2018, when Tafisub, a Spain-based company, sought a display to be built in Miami-Dade County with the intention to ship it to Atlanta, for a trade show, court documents show. BP Wood, which owned the work site, hired Perez for the project.

But when Perez and a second worker were finishing the display construction and preparing to disassemble it for transport, a Tafisub employee directed the 56-year-old and his colleague to remove a specific panel, court documents show. Soon after, the display collapsed on them, and first responders air-lifted Perez to Jackson Memorial Hospital, pleadings state.
Cross-Border
Rojas served BP with process without a problem. He went on to serve Tafisub with process pursuant to the Hague Service Convention-a multilateral treaty that came into existence to provide litigants with a reliable and efficient means of serving documents on parties living, operating or based in another country..

While Rojas advised Tafisub to hire an attorney in Miami-Dade County to defend itself in the lawsuit, that defendant responded in a letter explaining why it refused to do so, and then ceased communication.

Bokor, the presiding judge, entered a judicial default against Tafisub, according to court documents.

During the one-day trial, Rojas had the jury hear testimony about Perez's life following his disability, and inability to be an active father to his three daughters, as well as an affectionate husband to his wife. The latter has since become his full-time caregiver.

In addition, multiple physicians who treated Perez backed that up with relevant medical assessments.

The jury returned the $13 million verdict less than 30 minutes after initiating deliberations.

Rojas indicated that an attorney at Podhurst specializing in jury verdict collections would pursue collection of the judgment against the Spain-based company.

"The Perez family [has] suffered tremendously for more than four years since this horrific accident," Rojas said. "Although no amount of money can undo what they have gone through, they are gratified that the jury has rendered a verdict commensurate with the family's suffering."

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Miami State Court Jury Hands Down $13M for Podhurst Orseck Client - Podhurst

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The $13 million verdict included emotional damages sustained by the victim's wife, who has become his full-time caregiver. Daily Business Review, Michael A. Mora, November 22, 2022 The Miami-Dade Circuit Court entered a default judgment against the defendants, Tableros De Fibra De La Subbetica Sl and Studio Design LLC.

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How Podhurst Orseck Is Competing for Talent and Business as Big Law Infiltrates Miami

Miami-based Podhurst Orseck promoted one of its associates to partner and hired another attorney as it continues to lean on its reputation to compete with big firms moving into Miami.

Boutique law firm Podhurst Orseck is expanding carefully, even as competition in Miami continues to be intensified by Big Law.

Even amid growing demand for litigation in South Florida, the firm is actually turning cases down to make sure it's devoted to its clients.

The firm hopes to continue attracting talent and clients because of its reputation, culture and selectiveness.

Miami-based litigation firm Podhurst Orseck has promoted one of its associates to partner and hired an additional associate to replace her, as competition continues to intensify in the city.

Kristina Infante, who has handled several high-profile cases-including a lawsuit against the FBI over how the agency handled the Parkland shooting-since she joined as an associate from Boies Schiller Flexner in 2018, was promoted to partner on Monday; while Zachary Gorwitz, who has experience within the federal courts system, joined to fill her role as an associate.

The moves come at a time when Miami is experiencing a migration of Big Law firms to the region, forcing smaller firms to compete for business and talent. But Podhurst isn't stressing the competition.

Despite its size, Podhurst has helmed high-profile cases taking on big names like Boeing and the NFL. One of the main reasons Podhurst Orseck finds it easy to compete with bigger firms moving in is because of the firm's track record, said senior partner Ricardo Martinez-Cid.

Even though Podhurst is seeing an increase in demand, Martinez-Cid said the firm is actually turning down good cases because it wants to be careful not to overextend itself. The firm wants a team who can really devote themselves to their cases and that's one of the things that stands out, he said.

"We're generally dealing with incredibly sophisticated clients on very significant matters, and so they're not looking for numbers of lawyers, they're looking for quality," he said.

Both Infante and Gorwitz agree that the firm's reputation is what draws in clients. They also noted that the firm's culture is what drove both attorneys to choose Podhurst.

"When I interviewed here, it was a long interview process that went on for months, and I met with every single lawyer at the firm," Gorwitz said. "These are decisions that the firm does not take lightly."

It's that level of selectiveness and thoughtfulness that Gorwitz said convinced him to join the firm, he said.

As for Infante's tenure, she said that the firm trusted her to be lead counsel on the Parkland case at the early stages of her career despite the case's importance. That mixed with its emphasis on mentorship is why she's happy she landed at the firm.

"I don't know that I would have had an experience like that at any other firm," she said.

She emphasized that she was happy at her former firm, Boies Schiller, but she jumped at the chance to join Podhurst because it might have been her only chance to join such a selective and recognized firm.

"It's one of the great honors of my life," she said.

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How Podhurst Orseck Is Competing for Talent and Business as Big Law Infiltrates Miami - Podhurst

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Daily Business Review, Alexander Lugo, November 29, 2022 Miami-based Podhurst Orseck promoted one of its associates to partner and hired another attorney as it continues to lean on its reputation to compete with big firms moving into Miami. Boutique law firm Podhurst Orseck is expanding carefully, even as competition in Miami continues to [...]