Advocate Capital, Inc. friend and colleague, Mark F. Itzkowitz, and first counsel Kenneth I. Kolpan were recently featured in Massachusetts Lawyers Weekly for their record verdict in Lowell. The jury returned the $2.25 million verdict plus $632,000 in interest following a day and a half of deliberations. This verdict was the 7th largest verdict reported in Massachusetts in 2011. Click here to read the entire article.
The somewhat complicated case resulted from a motor vehicle accident that occurred as the plaintiff was driving on Route 3 when the hood of the defendant’s vehicle lifted into the air and hurtled toward plaintiff’s windshield. Swerving to avoid the flying debris, the plaintiff was actually struck from behind by another vehicle which sent her vehicle spinning into the median. Damages included a concussion or “minor traumatic brain injury” although the plaintiff never lost consciousness. The attorneys also presented proof to the jury that the plaintiff would never return to her job as a full-time teacher due to complications from the brain injury.
A recent article in the American Banker discusses a report that a federal probe could give opponents of bank credit card payment protection plans “the upper hand for the first time.” American Banker says that “Attorneys general and plaintiffs’ lawyers” have argued that the plans are “a poor value,” while the FDIC and the Consumer Financial Protection Bureau (“CFPB”) “are looking at Discover’s business practices, and a broader review may be in the offing, industry attorneys say.”
American Banker also carries a related article on legal hurdles in lawsuits challenging payment protection, which it notes, banks have generally won. It adds that for “plaintiffs, the biggest stumbling block has been the existence of mandatory arbitration clauses in many credit card contracts.” Though Dodd-Frank “requires” the CFPB “to complete a study and report to Congress on use of mandatory arbitration agreements,” it also gives it discretion in regulating the agreements after the study. The second issue is preemption, since OCC’s “jurisdiction over payment protection plans preempts state laws that seek to govern their use, significantly narrowing the range of violations lawyers can pursue.”
A related article on the impacts of payment protection products can be read on Reuters’ website here.
On January 26, 2012 at a meeting/press conference, over a hundred plaintiffs came together to discuss strategy and developments in their lawsuit against Lawrence Livermore Lab. Represented by the law firm of Gwilliam, Ivary, Chiosso, Cavalli & Brewer, the suit was filed on behalf of 130 plaintiffs claiming illegal layoffs; specifically targeting senior, high salaried staff. The defendant in the case is Lawrence Livermore National Security L.L.C. a mostly private coalition led in part by Bechtel and the University of California.
The case will be set for trial on February 22, 2012 in the Alameda County Superior Court.
Mr. Gary Gwilliam, lead attorney on the case, is quoted as saying:
“Had the Lab followed their rules and laid them (the plaintiffs) off in inverse order of seniority, laid them off without regard to age discrimination or otherwise, this lay off would not have occurred.”
Phillip is also a faculty member of the AAJ’s national case planning and strategy seminar February 24-26 in Washington, D.C. and the Louisiana Association for Justice strategic planning workshop on March 6. Mr. Miller is the only Tennessee attorney to serve on the faculty of all three programs.
Mr. Miller is the immediate past president of the Tennessee Association for Justice and has served the organization for many years. Additionally, he was named by the Nashville Business Journal as one of the “Best of the Bar” for being one of the top trial attorneys in Nashville/Middle Tennessee.
The IRS’ website is a wealth of information! This time of year, you may find yourself searching for answers to certain tax questions and issues. According to the IRS, here are the top 10 reasons to visit www.irs.gov:
Unlimited access – get answers 24 hours a day, seven days a week.
Use Free File.
Try IRS e-file.
Check the status of your tax refund.
Make payments electronically.
Find out if you qualify for the Earned Income Tax Credit.
Get tax forms and publications.
Calculate the right amount of withholding on your W-4.
Request a payment agreement.
Get information about the latest tax law changes.
Click here to get more information on these features.
The tort reform push continues, this time in Minnesota. A recent article in the Minneapolis Star Tribune reports that Republicans in the Minnesota House of Representatives have passed a package of bills to limit the costs of lawsuits. They view this effort “…as a necessity to make the state competitive.” This logic sounds eerily similar, and just as ridiculous, as the claims made by tort reform proponents in my home state of Tennessee. (See past blog here.)
The legislation, which was passed largely on party-line votes, includes the following provisions:
Reducing the statute of limitations from 6 years to 4 years;
Allowing an early appeal to question the class-action status of large suits, in an attempt to weed out “frivolous” actions;
Limits on attorney fees in certain cases, such as wrongful termination or sexual harassment, where MN state law requires the fees be paid as part of the settlement; and
Reducing the interest rate on judgments that remain unpaid while a case proceeds. Currently, the rate is 10%, but the legislation would reduce it to a market-driven rate not lower than 4%.
The changes were pushed through by a coalition of businesses and chambers of commerce operating under the moniker of Minnesotans for Lawsuit Reform. Not surprisingly, the chairman of this group is also the President of the Insurance Federation of Minnesota, Robert Johnson. Supporters of the legislation include, again not surprisingly, contractors, builders, insurers, food processors, bankers, etc.
The changes must now go back to the Minnesota Senate, which has already passed the concepts in different form, then to Gov. Mark Dayton.
According to the article, the floor debate was spirited. Democratic Rep. Joe Atkins said, “I’m ashamed of this bill – this is an obscenity. It brings shame, in my opinion, to this House. It lines the pockets of corporations and insurance company executives.”
KRON-TV featured San Francisco Rob Cartwright recently on the issue of tort reform.
Founded in the 1950s by his father, The Cartwright Law Firm is now led by Robert E. Cartwright Jr. pursuing justice on behalf of injured victims and their families. A strong advocate in many practice areas, Rob is committed to helping all injured parties regardless of the size of the claim.
Mr. Cartwright was selected as a Northern California Super Lawyer in 2005, is an active member of the American Association for Justice and a member of the American Board of Trial Advocates, the foremost respected group in America for trial experience. To see results of representative cases handled by the firm, start here. Also, take a moment to review the firm’s Consumer Tips on their San Francisco Personal Injury Law Blog.
Thanks, Rob for your outstanding contributions both in the court room and in the trenches protecting citizens’ rights in the “storm of tort reform”!
Author Christine Benz has a created a couple of very useful web resources based upon her book, 30-Minute Money Solutions. The main page enables you to purchase the book (of course) and read a sample chapter, etc. But there is also a lot of free, useful content there. And on the Resource Center tab, there are several useful forms and templates to help get organized from a financial perspective. Worth a look!
The American Association for Justice Winter Convention is a great place to meet with leaders in your areas of practice and earn up to a year’s worth of CLE credits. Plus, you can explore the exhibit hall and meet vendors that can help you manage and expand your practice.
AAJ’s 2012 Winter Convention looks to be a promising show, we are looking forward to seeing you there!
Advocate Capital, Inc. friend and colleague, Mark F. Itzkowitz, and first counsel Kenneth I. Kolpan were recently featured in Massachusetts Lawyers Weekly for their record verdict in Lowell. The jury returned the $2.25 million verdict plus $632,000 in interest following a day and a half of deliberations. This verdict was the 7th largest verdict reported in Massachusetts in 2011. Click here to read the entire article.
A recent 
The tort reform push continues, this time in Minnesota. A recent article in the 
