The Poppe Law Firm Blog

Louisville Lawyer Suspended from Practice and Criminally Charged For Allegedly Stealing

As reported today in the Courier Journal, Louisville attorney Louis Smith has been accused of stealing money from his clients.  Prosecutors allege that Smith, an estate attorney, began stealing from clients, including Emily Strange, around 1999.

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More Problems for Fen Phen Lawyers- Gallion's Lawyer Suspended from Practice for 5 Years

According to the Courier-Journal, William Gallion's lawyer has been suspended from the practice of law in Tennessee federal court.  As a result, he has had to notify the federal court judge in Kentucky of his suspension.  William Gallion, Melbourne Mills and Shirley Cunningham Jr. are charged with one count each of conspiracy to commit wire fraud for allegedly bilking 440 clients out of $46 million in the fen-phen settlement. The ex-clients already have won a $42 million civil judgment against the lawyers for legal malpractice and breach of fiduciary duty to their clients."Herbert Moncier of Knoxville, who was to represent William Gallion, disclosed in court papers this week that he has been suspended from practicing in federal court in eastern Tennessee for five years after being found in contempt of court."It's not yet clear if this will delay the upcoming trial since Gallion is represented by at least two other lawyers, O. Hale Almand Jr. of Macon, Ga., and W. Robert Lotz of Covington.  Moncier was suspended for interrupting the Tennessee judge several times after being warned not to.  Based on the length of the suspension (5 years) and the amount of the fine ($5,000) and the fact he is orderd to take anger management classes, I have to believe this was something more than simply a few interruptions.Entering criminal contempt sanction against an attorney is extremely rare.  We'll see if we can find out exactly what happened.HansAddendum: Just as we suspected, this was MUCH MUCH more than simply interrupting a federal judge.  In an eighty page opinion, the court stated "Unfortunately, the Court is now confronted with one of those rare instances where an attorney admitted to the bar of the Eastern District of Tennessee has failed to “demean [himself] as an attorney, proctor and solicitor of this Court, uprightly and according to law,” as required by his oath; has engaged in unethical conduct tending to bring the court and the bar of the Eastern Districtof Tennessee into disrepute; and has engaged in professional misconduct of a nature that violated the Tennessee Rules of Professional Conduct as interpreted and applied by this Court."  The federal court goes on to say This case involves an attorney who refused to obey a court order, threatened to abandon a client during a court proceeding, and displayed disrespectful and contemptuous behavior toward the institutional rule of the judge. The gravity of this attorney’s misconduct is exacerbated by his inability to recognize and apologize for his wrongdoings, his frivolous filings with this Court, and other aggravating factors."Wow.

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Another new development in the fen-phen case

Another new development in the fen-phen case.  We've written about most of the major ones throughout the blog, some of which can be found here:

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Kentuckians for Nursing Home Reform Petition for Better Care

Our friends over at Kentuckians for Nursing Home Reform need our help.  They are collecting signatures for a petition to establish minimum staffing in nursing homes.  We agree that far too many patient care issues are directly related to the lack of adequate staffing in nursing homes.  We support any attempts to get the Kentucky legislature to recognize this and implement mimimum staffing standards.  We believe a high percentage of nursing home abuse and neglect cases would never occur if homes had adequate staffing.  Please follow the below instructions and get as many signatures as possible: IT’S TIME TO GO TO WORK. JOIN THE PETITION DRIVE FOR SAFE STAFFING STANDARDS IN NURSING HOMES. HERE’S WHAT TO DO: 1. Go to the attachment with this e-mail. This is the petition. 2. Print it out. 3. Now, take it everywhere you can, explaining how important it is to have minimum staffing standards in nursing homes. 4. Get everybody to sign it and clearly print their e-mail addresses. 5. Send the petition to: Kentuckians For Nursing Home Reform, 1530 Nicholasville Road, Lexington, KY 40503 START NOW. DOWNLOAD THE PETITION (MS WORD). OPEN IT UP AND PRINT IT. GOOD LUCK. AND THANKS!

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Minnesota Lawyer Forced to Defend Himself In Kentucky in Legal Malpractice Claim

One question I am often asked in legal malpractice cases is "can a lawyer be sued for legal malpractice in a state where he does not live or work if he took a case there?"  This question is really asking, does the state where the legal work was done, supposed to be done, have jurisdiction over a non-resident lawyer that may not be licensed in the state and may have never even visited the state.Well, a federal court in the Western District of Kentucky has issued an opinion answering the question.  A Minnesota lawyer was hired by an Indiana resident to investigate and pursue a wrongful death claim in Kentucky.  The lawyer sent contracts and medical authorizations to the estate's representative; however, according to the complaint, the lawyer failed to do any work on the case after receiving the signed documents back from the client.  Ultimately, the statute of limitaions expired and the client sued the lawyer in Kentucky. The lawyer argued that a Kentucky court did not have jurisdiction over him because he lived in a different state.  The federal court analyzed the situation and ultimately determined that the lawyer had consented to jurisdiction by his actions and that the facts of the underlying medical malpractice case had such a strong connection to Kentucky that jurisdiction was proper.hp

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Local News Paper Columnist Writes on the Importance of Jury Duty

Living and practicing law in Louisville, Kentucky probably isn't a lot different than practicing law in a lot of other states.  And, trial lawyers here and elsewhere are always concerned about the animosity and resentment people display when called on to do their civic duty by serving on a jury. A while back I wrote about what a misnomer the term "jury selection" is.  Lawyers don't get to select a single person to be on the jury, much less select the entire jury.  That is why lawyers are so concerned that well educated and thoughtful people don't try to get out of jury service.  We need a broad cross section of society to ensure fair trials.  When people shirk their responsibility, we are left with something less than a cross-section.Recently, Ms. Betty Baye wrote about here experience on a jury here in Jefferson County, Kentucky and she laments what trial lawyers have known for years.  People should be more engaged in the process and thankful for the opportunity to play a party in the judicial system.  After all, whether its a car wreck or a DUI charge, one day you may be the one hoping someone thoughtful and involved will be on your jury.  Here is Ms. Baye's article:

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Chesley Refuses to Testify for Co-Counsel in Fen-Phen Trial

According to the Courier Journal, in a suprising turn of events, Cincinnati lawyer Stan Chesley has indicated he will not testify as an expert for his former co-counsel, William Gallion, Shirley Cunningham and Melbourne Mills in their criminal Fen-Phen trial. Those familiar with this blog know that we have been following the criminal trial as well as the legal malpractice trial.  Chesley, a nationally known class-action plaintiff's attorney is the only one of the four lawyers involved in the Kentucky Fen-Phen settlement to not be indicted on criminal charges.  Chesley's refusal to serve as an expert will make it difficult for Gallion, Cunningham and Mills to claim they relied on Chesley's advice in how they divided the settlement; although they have now indictated attorney Richard L. Robbins of Atlanta will now serve as their expert (Stay posted to see if Judge Bertelsman allows this since they disclosed Robbins after the deadline).In another interesting twist, Gallion and Cunningham have asked that the judge ban the prosecution from telling the jury that they are part owners of Curlin, the 2007 Preakness winner.Hans Poppe

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Hans Featured in Louisville Magazine's Top Louisville Lawyers Edition

Louisville Magazine's Top Lawyer's edition is on the newstands and yours truly was one of six lawyers profiled.  The magazine profiled a public defender, a large defense firm lawyer, a medium-sized law firm lawyer, an in-house general counsel, the new assistant attorney general of Kentucky (my friend Tad Thomas), and I was the solo practioner.  I was very flattered to be included and thought the interview went well.  You can take a look at the article on me by clicking here. You can read the other profiles by going to Louisville Magazine's websiteHansPoppe

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Famed Trial Lawyer Dickie Scruggs Pleads Guilty to Bribing a Judge

Famed trial lawyer Richard "Dickie" Scruggs has pleaded guilty to attempting to orchestrate a bribe of a judge.  According to news articles Scruggs was attempting to obtain a favorable ruling in a fee dispute with some other lawyers arising out of bad faith insurance lawsuits against State Farm related to the Katrina diaster.  The New York Times wrote an in depth article about the fee dispute issue when Scrugss was first indicted.In his first significant case, Scruggs represented shipyard workers who had been exposed to asbestos. Scruggs earned millions from asbestos litigation. But it was his assault on Big Tobacco in the 1990s that made him famous. Scruggs orchestrated one of the largest civil settlements in American history, winning nearly $250 billion from the industry. The fees awarded to the plaintiffs' lawyers came to more than $13 billion. Scruggs' share of the pot was at the very least in the hundreds of millions.There are cases that make lawyers' careers, but this was something more. It made Scruggs a star in the legal world and a character in "The Insider," a 1999 movie about the tobacco litigation.The Mississippi bar association has indicated it will immediately suspend Scrugs' license to practice law.  And, while he has yet to be sentenced, prison is certainly a possibility.This is certainly a disturbing development and, once again, paints a picture of personal injury lawyers as nothing more than money chasing scoundrels.This event does nothing to change what I know to be true: most lawyers are hard working, honest people that take seriously their oath to place their client's interests ahead of their own.  Hans Poppe

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Is Improving Nursing Home Care a Religious Obligation?

This editorial recently appeared in the Lexington Herald Leader questioning whether improving the nursing home care in Kentucky for our elderly is a religious obligation.  I thought it was timely and interesting, so I am posting the entire article here.

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Lawyer Fined $29k for His Client's Profanity During Deposition

Well, it doesn't rise to the level of legal malpractice, and it didn't happen in Louisville but it is very interesting. Law.com is reporting that attorney Joseph R. Ziccardi has been sanctioned $29,000 by U.S. District Judge Eduardo C. Robreno for his client's foul language during a deposition.

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Hans Invited to Lecture on Insurance Bad Faith.

I have been invited by the National Business Institute to lecture on "Bad Faith Insurance Claims in Kentucky."  Specifcally, I will be focusing on the following topics: Indentifying the type of Tort, Related Causes of Action and Damages and Gaining a New Perspective on Pre-Trial Practice.  I will be joined by J. Michael Hearon, who will be discussing Emerging issues and current laws; Lee Sitlinger, who will discuss Gathering Information Critical to the Case and Successful Courtroom Strategies; and Nancy Loucks, who will be discussing Ethical Consequences and Avoiding Bad Faith Claims for the Insurance Professional.  You can see the seminar outline here:Hans

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Hans Invited to Give Legal Malpractice Seminar in Louisville in March

The Kentucky Justice Association is holding a legal malpractice seminar with some great speakers, including Edward Stopher of Boehl Stopher Graves, Lee Sitlinger of Sitlinger, McGlincy and Theiler, Gary Weiss and Allan Cobb, as well as your truly.  You can download the brouchure here.Hans Poppe

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Think Your Safe In Your Hummer? Think Again...

If you are ever involved in a car wreck or semi-truck accident you probably think you want to be in the biggest, heaviest automobile or suv; however, you may be surprised to know that one of the vehicles everyone thinks is safe, isn't.  As a lawyer that represents people who were hurt or killed in car or truck wrecks, there aren't many things on which I can agree with the Insurance Institute for Highway Safety, but even I pay attention when they do their annual surveys on the safest vehicles.

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California Judge Awards $9 Million In Bad Faith Case

A california judge has awarded over $9 million in damages to a California women.  Patsy Bates said she had undergone surgery to remove a tumor and had received her first two chemotherapy treatments when doctors stopped treating her because her bills were going unpaid.  Health Net Inc must now pay the $120,000 in unpaid medical bills, $750,000 in emotional distress, and over $8 million in punitive damages.  The case was arbitrated by Sam Cianchetti  and Ms. Bates was represented by California bad faith attorney William Shernoff. 

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Michigan Accounting Firm Sued in Alleged Ponzi Scheme

You can read about the accounting malpractice lawsuit filed against Doeren Mayhew as well as see a copy of the Complaint by going here:The complaint arises out of an alleged ponzi scheme by former Michigan attorney Ed May.  Doeren was listed on several documents as being the accounting firm involved in the numerous companies set up by May.  Thousands of investors have lost millions of dollars.Hans

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Congress May Help Nursing Home Residents That Have Signed Arbitration Agreements

Dan Frith posted today

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Arbitration Clauses in Nursing Home Admission Agreements

Dan Frith posted today that Congress may finally help consumers avoid unfair arbitration clauses that are inserted into contracts before there is any dispute between them.  An arbitration agreement gives up your right to to sue or have a jury hear your case.  I see these arbitration clauses way too much in nursing home admission agreements.  People simply don't understand what they are giving up when they sign these--and certainly aren't thinking about litigating a nursing home negligence claim when they are signing their loved one in to a home.  Some of these agreements require the loser to pay for the other sides expenses in bringing the arbitration claim.  They are completely unfair and should be done away with. I join Dan in saying "Please write your representative in Congress and ask them to support the Arbitration Fairness Act (H.R. 3010 and S. 1782). Let's win one for the American Consumer!"Hans Poppe

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Medicare to Release Names of More Underperforming Nursing Homes

As a result of an outcry from local and state legislators and private citizens, CMS (the Center for Medicare Services) will release the names of more underperforming nursing homes.  BULLETIN: CMS to name more underperforming facilities* February 12 2008

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Forty Kentucky Nursing Homes Need Significant Improvement...We Reveal Them!!

Forty Kentucky nursing homes have been determined by the Center for Medicare and Medicaid Services to need significant improvement in the areas of pressure sores and/or restraints. Disturbing and sad. (if you only want the Louisville facilities, skip to the bottom). If you want to see all of them, click here

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Florida Kicks Allstate Insurance Out of the State

According to the Lexington Herald Leader, Florida has had enough of the way Allstate treats its insureds.  According to the article, "A day after telling Allstate Corp. to stop writing new car insurance

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Insurance Company Caught Falsifying Documents in Order to Deny Benefits

According to the Sun Herald-Leader, Texas Mutual Insurance Company was caught falsifying medical records so it could deny an injured worker his benefits.  Judge Martin Hoffman found that Texas Mutual committed fraud by falsifying a

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Kentucky Federal Judge Dismisses Comair Crash Victim's Consoritum Claims

Judge Dismisses Comair Plane Crash Victim's Consortium Claims

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Passenger DUI decreased drunk driving by 41%

Think drunk driving laws are tough in Kentucky, well their nothing compared to the laws in Japan.  According to Reuters News, a new Japanese law makes it a crime to be a passenger in a car with a drunk driver.  Reuters also reports "Passengers riding with a drunk behind the wheel can be fined up to $5,000 and face up to three years in prison for not stopping the crime from taking place. Also, anyone who lends their car to a drunk is criminally responsible."

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Three Kentucky Nursing Homes Make Federal "Bad" List

Early this month, the federal government's Medicare program released the 54 worst nursing homes in the country.  No nursing home in Kentucky made the list; however, the Lexington Herald leader is reporting that three Kentucky nursing homes were on the expanded list of "128 chronically troubled facilities ordered by the federal government to get closer scrutiny."  "State records obtained by the Herald-Leader identify the Kentucky nursing homes as Cambridge Place in Lexington, Highlands Nursing and Rehabilitation Center in Louisville and Baptist Convalescent Center in Newport."Our friend, Bernie Vonderheide, president of the watchdog group Kentuckians for Nursing Home Reform, had this to say: "We may have a loved one in these nursing homes, or we may be considering one of these nursing homes for a loved one, and we have a right to know if our government is aware of serious and chronic problems." I agree with Bernie, there is no reason for the government to withhold the names of nursing homes that are neglecting patients by allowing them to get pressure sores and ulcers, becoming dehydrated or malnourished, or being subjected to chemical restraints such as Haldol for the convenience of the nursing staff.  Nursing homes in Kentucky and elsewhere are critically understaffed.  The public has a right to know the names of the nursing homes that are falling below the standard of care and harming our elderly loved ones.  Nursing home neglect is a serious problem.According to the government reports all the nursing homes on the list consistently provided poor patient care and were in and out of compliance with federal regulations.For more information on how to choose and get good care at a nursing home, please download my Free Report-- Nursing Homes: What You Absolutely Positively Must Know Before Choosing One.Hans

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Surgeon Faces Medical Malpractice Hearing for Photographing Patient's ...What???

A Phoenix Arizona surgeon is in hot water for photographing a male patient's genitals during a surgery.  The strip club owner had "hot rod" tatoo on his penis.  While inserting the catheter, the surgeon decided to snap a photo to share with his pals.  Ultimately, the picture snapping doc was outed to a local newspaper.  You can read about it here .Hans Poppe

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Golden Nugget Under Investigation for Serving Alcohol to 20 Year Old that Caused Fatal Accident in Louisville

News reports indicate that Emily Hall claims she was served alcohol at the Golden Nugget bar before she caused a fatal accident in Louisville.  That's a big problem because Ms. Hall is only 20 and should never have been served at the Golden Nugget.

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Medicare Reveals 54 Worst Nursing Homes in the Country

Medicare has revealed the 54 worst nursing homes in the country.  Suprsingly, none of them are in Kentucky; however, two of them are in Indiana.  Kentucky is one of few states that does not have mandatory minimum staffing requirements, something Governor-elect Steve Bashear has promised to consider.  Here is the complete list of nursing homes that the government ranks as teh worst:AlabamaEastview HealthCare Center, in Birmingham Woodley Manor Health & Rehabilitation, MontgomeryArkansasBenson’s Nursing Home Inc., NashvilleCaliforniaYuba City Care Center, Yuba CityColoradoEagle Ridge at Grand Valley, Grand JunctionKindred Healthcare & Rehab Center of Northglenn, NorthglennConnecticutWethersfield Health Care Center, WethersfieldFloridaApollo Health & Rehab Center, St. PetersburgKey West Convalescent Center, in Key WestPalms Rehabilitation and Nursing Center, Lauderdale LakesGeorgiaLaurel Baye Healthcare of Lake Lanier, BufordThe Place at Augusta, AugustaShoreham at Marietta, MariettaHawaiiLeahi Hospital, HonoluluIowaBlair House, BurlingtonIdahoGooding Rehab & Living Center, GoodingIllinoisBerkshire Nursing & Rehab Center, Forest ParkIndianaHillcrest Centre for Health and Rehabilitation, JeffersonvilleValparaiso Care and Rehabilitation Center, ValparaisoKansasAtchison Senior Village, AtchisonOttawa Retirement Village, OttawaLouisianaLake Providence Subacute Rehab, Lake ProvidencePlaquemine Caring LLC, PlaquemineMassachusettsCedar Hill Health Care Center, RandolphMilton Health Care, MiltonMinnesotaGolden Valley Rehabilitation and Care Center, Golden ValleyMcintosh Manor, Mcintosh.MissouriSenior Estates, Kansas CitySt Elizabeth Healthcare and Rehabilitation Center, FlorissantWest Village Manor, ColumbiaMississippiHinds County Nursing & Rehabilitation Center, JacksonMontanaEvergreen Missoula Health & Rehab, MissoulaNorth CarolinaSunbridge Care & Rehab/Triad, in High PointNew JerseyVictoria Health Care Center, MatawanNew MexicoFort Bayard Medical Center, Fort BayardNevadaEvergreen Mountainview Health, Carson CityNew YorkVivian Teal Howard Rhcf, SyracuseOklahomaNorthwest Nursing Center, Oklahoma CityPawhuska Nursing Home, PawhuskaPennsylvaniaAshton Hall Nursing and Rehab, PhiladelphiaBrighten at Broomall, BroomallSouth CarolinaMagnolia Manor — Moncks Corner, Moncks CornerRidgeview Manor Nursing Facility, in HopkinsSouth DakotaAberdeen Healthcare Center, in AberdeenBennett County Hospital and Nursing Home, MartinTennesseeOverton Park Health Care Center, MemphisTexasTaylor Care Center, TaylorVirginiaRuxton Health of Woodbridge, WoodbridgeWashingtonEvergreen Centralia Health & R, CentraliaFranklin Hills Health & Rehab, SpokaneFrontier Rehab & Extended Care, LongviewWisconsinLuther Home, MarinetteWillows Nursing and Rehabilitation, Sun PrairieWashington, D.C.Carolyn Boone Lewis Health Care Center

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Senator McCain Speaks Out Against Victims of Medical Negligence

Well, it seems that Senator McCain doesn't want to see negligent doctors and hospitals held responsible when they injure or kill people.  Speaking at the Surf and Golf Club in Myrtle Beach, McCain told a crowd of about 70 people that he was in favor of tort reform and would make it his second highest priority.  McCain went on to say that the victims of medical malpractice should be forced to pay the entire costs of litigation if they lose at trial.  What the senator fails to realize is that their simply is not a litigation crisis, especially when it comes to medical malpractice.  A medical negligence case will cost the victim's attorney anywhere between $50,000 to 200,000 to get to trial.  Lawyers can't afford to file frivolous lawsuits against doctors because they are too expensive.  Plain and simple.  Loser pays isn't fair to the victims.  It's hard enought to find an attorney to handle a medical negligence case, but implementing a "loser pays" system would make it nearly impossible.  I have seen several cases proceed to trial where there was negligence, but the doctor still won the case.  It happens a lot.  Juries are very critical of medical malpractice cases and, as a result, they often find in favor of the doctors--regardless of whether their truly was malpractice.What's even more troubling is that McCain doesn't explain how his system would lower insurance rates for doctors.  Without some type of accountability from medical malpractice insurance companies, they will never lower rates.  This has been the case in most states that have instituted tort reform  Insurance premiums have remained high, even though the number of cases filed has dropped.  In fact, the largest medical malpractice insurers have profits double that of the average Fortune 500 CompanyIf McCain really wants to lower the insurance rates for doctors, they should start regulating insurance companies that provide the coverage.  Currently, they can charge whatever they want--and they do.  They simply blame it on frivolous lawsuits and lawyers.  Evidently McCain has been drinking the insurance lobby's Kool-Aid for too long.  Instead, he should read the May 11 issue of The New England Journal of Medicine's study finding that almost every medical malpractice lawsuit has merit and that caps will not reduce doctor's premiumsMcCain should also go back and read the Congressional Budget Office's Report which found that medical malpractice litigation accounted for less than 2% of total health care costs.  Shame on you Senator McCain.  To read more about medical malpractice myths, click here.Hans Poppe

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Louisville Woman Charged With Murder in DUI Car Wreck.

Accourding to the Courier Journal, 

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Watch the WHAS 11 News Interview with Hans about Medical Malpractice and Plastic Sugery

See the WHAS 11 News interview with me about one of my plastic surgery medical malpractice cases by clicking here.

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WHAS Interviews Hans About Medical Malpractice and Plastic Surgery

Be sure to watch WHAS 11 News at 11:00 p.m., on Tuesday, November 27th

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Can Holiday Hosts Be Sued if Their Guests Leave Drunk and Cause a Wreck?

Many holiday hosts will be serving

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Can Holiday Hosts Be Sued By a Guest?

Well, it’s that time of year

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Why Kanye' Might Not Be Able To Find a Lawyer for his Mother's Medical Malpractice Case

According to reports, Kanye West's mother, Dr. Donda West, may have died as the result of complications from cosmetic surgery.  The surgery was performed by Dr. Jan Adams.  Before anyone rushes to the conclusion that the West Estate is entitled to a super large medical malpractice award, let me point out that California has caps on non-economic damages.Since the mid-70s, California has limited a medical negligence victim's recovery for non-economic damages to $250,000.  These are damages for things such as pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary injury.  The cap applies whether the case is for injury or death, and it allows only one $250,000 recovery in a wrongful death case.  According to the Rand Study, "Researchers found that cases involving patients who died were much more likely to have awards reduced than non-fatal injury cases, and the median change in total award size when the verdict was capped were larger among cases involving death than for injury cases (49 percent versus 28 percent)."Many consumer advocate groups and California Consumer Attorneys point out that caps don't work and, instead, they hurt the most severely injured victims.The Center for Justice & Democracy points out that the purposes of caps (lowering doctor's insurance premiums and discouraging frivolous lawsuits) has not been seen in California's system: "Thirteen years after the state’s severe $250,000 cap on damages was enacted (MICRA, passed in 1975), “doctors’ premiums had increased by 450 percent and reached an all-time high in California.” But in 1988 California voters passed a stringent insurance regulatory law, Proposition 103, which “reduced California doctors’ premiums by 20 per within three years,” and stabilized rates. In the thirteen years after MICRA, but before the insurance reforms of Prop. 103, California medical malpractice premiums rose faster than the national average.  In the twelve years after Prop. 103 (1988-2000), malpractice premiums dropped 8 percent in California, while nationally they were up 25 percent. Moreover, the law has led to public hearings on recent rate requests by medical malpractice insurers in California, which resulted in rate hikes being lowered three times.  The “liability insurance crisis” of the mid-1980s was ultimately found to be caused not by legal system excesses but by the economic cycle of the insurance industry.  Just as the liability insurance crisis was found to be driven by this cycle and not a tort law cost explosion as many insurance companies and others had claimed, the “tort reform” remedy pushed by these advocates failed.  It has failed again.   Only effective insurance reforms will stop these cyclical insurance crises."As recently reported in the Wall Street Journal, severely injured victims of malpractice are unable to find lawyers because of caps.  "As Malpractice Caps Spread, Lawyers  Turn Away Some Cases." While I doubt that Kanye will have any trouble finding a lawyer, others in California and other states that have unfair caps on damages may not be so lucky.Addendum:  Be sure to watch WHAS 11 News at 11:00 p.m., Tuesday November 27th for my interview on the subject of medical malpractice and plastic surgery.Hans Poppe

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Big Law Firm Sued for Big Dollars in Trademark Legal Malpractice Case

Paul Hastings sued for $30 mil by "Surf chick"  by a surfing-gear maker that hired it to trademark the phrase “Surf Chick,” the Maryland Daily Record reported.     Kat House Productions, LLC, owner of Surf-Chick clothing, has filed a legal malpractice suit against the mega law firm Paul Hasting, LLP The Ventura, Calif.-based Kat House Productions say Paul Hastings failed to register trademarks after saying it had done so.  According to the New York Attorney Malpractice Blog, "The suit, in Manhattan federal court, says Christian Dior SA was able to copy the “Surf Chick” mark because of the alleged negligence of the firm and several attorneys. “Had defendants properly applied for, and diligently prosecuted, the trademark applications, Christian Dior would not have been able to mimic and copy plaintiffs’ mark,” the complaint says. " to mimic and copy Kat House's work.

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Why Your Health Insurance Company May Get Most of Money from a Personal Injury Claim

Most people don't know what ERISA is.  Heck, most attorneys don't know what ERISA is.  And that's ok, as long as you don't hire an attorney that doesn't know what ERISA is. 

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Judge Removed from Bench for Ordering Woman to Remove her Pants in Court

Judge James Michael Shull  of Virginia was recently removed from the bench following some bizarre behavior in the courtroom.  The Virginia Judicial Inquiry & Review Commission issue this opinion.Some of the major criticisms of Judge Shull's behavior including him forcing a woman in a custody hearing to remove her pants to show him a wound she claims her husband inflicted.  According to the opinion, Shull order the woman to remove her pants in open court not once, but twice.  The Commission also pointed out that in a previous custody hearing Shull had decided a visitation issue by flipping a coin in open court.  It seems that this wasn't Judge Shull's first time in from of the Commission for improper conduct.  In 2004, Shull was brought before the commission on allegations he called a 14-year old a "mama' boy" and a "wussy."  The 2004 panel also determined that during a domestive violence hearing Shull had told a woman she should marry the man accused of beating her.In taking a step that had only occured once before, the Commission removed a sitting judge from the bench by holding: "We further conclude that Judge Shull’s violations of the Canons were grave and substantial. A judge’s act of tossing a coin in a courtroom to decide a legal issue pending before the court suggests that courts do not decide cases on their merits but instead subject litigants to games of chance in serious matters without regard to the evidence or applicable law. Such conduct may have a profoundly negative impact, not only on the parties’ ability to accept the “rule of law” imposed in their particular case, but also on the public’s confidence in and respect for the judiciary. In order for our justice system to maintain the confidence and respect of the public, judicial decisions must be based on the evidence and pertinent law. The contrary actions of Judge Shull, reduced to their essence, were actions that denigrated the litigants whose case he decided and subjected our justice system to ridicule."Kentucky's Judge are held to Kentucky Code of Judicial Conduct.Hans Poppe

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Hans Asked By Lexington Herald Leader to Comment on Allstate Verdict

Yesterday, a Lexington, Kentucky jury returned a verdict in favor of Allstate Insurance Company in a trial involving claims that Allstate acted in bad faith by violating Kentucky's Unfair Claims Settlement Practices Act.

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Duke Lacrosse players file 150 page Lawsuit against Durham North Carolina

So much for "notice" pleading. The Duke Lacrosse players have hired some big time lawyers to file a 150-page Complaint to sue the city of Durham, North Carolina for their wrongful arrests. According to the Wall Street Journal Law Blog, they have hired Barry Scheck, Brendan Sullivan and Richard Emery. The Complaint alleges that the criminal case was “one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history.”

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Wyatt Tarrant Combs Sued For $80 Million in Legal Malpractice Suit

According to the West Virginia Business Litigation Blog, Wyatt Tarrant & Combs, LLP of Lexington is being sued for $82 million by a former client.

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Hans Poppe Text Interview with WHAS 11

Louisville attorney analyzes Ogborn verdict

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Hans Gives WHAS 11 an Analysis of the $6.1 Million McDonald's Verdict

Today a jury awarded Louise Ogborn $6.1 Million in her lawsuit against McDonalds arising out of a hoax phone call 3 years ago that led to her being stripped searched and forced to perform sodomy on a manager's boyfriend.

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Former Allstate Adjuster Testifies In Lexington Bad Faith Trial

Geneva Hager, 60, suffered neck and back injuries in a July 1997 rear-end car wreck in 1997 in Lexington. Her insurance claim with Allstate Insurance, which insured the truck driver who hit her, was not settled until December 1999. Her attorney, Dale Golden sued them for bad faith and is trying the case in Lexington.

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WHAS 11 Interviews Hans about the McDonalds Strip Search Trial

The jury is deliberating the Bullitt County case of Louise Ogborn v. McDonalds right now.  I sat down last night with WHAS 11 News to discuss the case.  Here is the link (you may have to hit refresh to see it) if it doesn't work, click here:

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Things Heat Up in Lexington Bad Faith Trial

Sounds like Dale Golden is heating things up in the $1.4 billion Lexington bad faith trial.  Today, was the examination of noted epidemiologist Michael Freeman who testified that Allstate's MIST (Minor Impact Soft Tissue) studies were bogus and not based on science. 

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From Good Hands to Boxing Gloves-Lexington Lawyer Seeks 1.45 billion in Bad Faith

In a bad faith insurance trial scheduled to begin in Fayette Circuit Court in Lexington, Kentucky, attorney Dale Gordon is seeking $1.45 billion dollars in damages against Allstate Insurance company on behalf of Geneva Hager of Richmond, Kentucky.

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Is an Attorney that Commits Legal Malpractice Entitled to a Credit

Any interesting debate is brewing in the legal malpractice arena.  If an attorney takes a case on a contingent basis be entitled to reduce the client's award for legal malpractice by the amount the attorney would have received as compensation?  Sound complicated?  Well, it is.  Here is an example.  Vicky Innocent is hurt badly in a car wreck.  She hires Larry Lawyer to represent her on a 1/3 contingent basis.  This means that the lawyer will take 1/3 of whatever he recovers Vicky for her injuries (for example, if he recovers $100,000 for her, then Larry's fee would be $33,333.33).  Now let's assume that Larry Lawyer forgets to file the lawsuit within the statute of limitations and Vicky can no longer recover from the at-fault driver.  So, Vicky hires a Malpractice Attorney to to sue Larry Lawyer to recover for her what she would have received from the car wreck.  If a jury  Vicky $100,000, does Larry Lawyer get to subtract $33,333.33 from it and just give Vicky $66,666.66?  If so, then she is likely going to be hit with another whammy when Malpractice Attorney asks for his 1/3 contingent fee.  Poor Vicky may only end up with $33,333.33 after the reduction.  Such is the argument currently brewing over legal malpractice damages in Texas.

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Man Loses Leg in Motorcycle Wreck--Lawyer Steals His Money

Thomas Peer loses his leg in a motorcycle accident and hires a personal injury attorney to sue the at-fault driver.  As if losing his leg wasn't bad enough, his lawyer tells him the at-fault driver doesn't have much insurance to cover his injuries.  Well, a small settlement is better than no settlement--until your lawyer decides to spend it on his own child support payments and office expenses.  The bar has stripped him of his law license, but that doesn't put any money into Thomas' pocket. 

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Jury Selection in McDonald Hoax Trial Began Today (what does it mean)

Jury selection began today in the Ogborn-McDonald's hoax trial.  Special Judge Tom McDonald has called up 180 potential jurors to be asked question about their views on issues that may be involved in the case. 

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McDonalds Sanction in Strip Search Case

The Courier Journal reports that "Senior Judge Tom McDonald has sanctioned McDonalds for withholding evidence in a lawsuit by a former employee who was the victim of a strip-search hoax at its Mount Washington store in 2004.  Senior Judge Tom McDonald said Wednesday that the company either engaged in "plausible deniability" or deliberately "hid the ball from the court, opposing counsel and its own lawyers" when it failed to disclose at least four prior hoaxes at other McDonald's restaurants around the country.""

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Fen Phen Lawyers to Stay in Jail

The 6th Circuit Court of Appeals has refused to hear an appeal of Judge Bertelsman's Order jailing the Fen Phen Lawers accused of steal millions from their clients.  Read the Courier Journal article.

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Georgia Man Wins $1 Million Verdict in Legal Malpractice Case

Here is an interesting legal malpractice case out of Georgia.  It seems that Donald W. Osborne was defending an automobile crash case where his client, Don Turner, was accused of causing an accident that killed someone.  Here is the problem.  Lawyer Osborne never contacted client Turner about the trial. In fact, he never even spoke to his client before the trial.  One more thing.  Lawyer Osborne stipulated (admitted) that client Tuner was negligent---even though he never spoke with his client.  The jury awarded $1.7 million against the absent Turner.  By the time Turner knew about the trial it was over, and he was facing a huge judgment. 

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Progressive Insurance Caught Sneaking Into Church Support Groups to Spy on Claimants

As an attorney who handles automobile accident personal injury cases, I always tell my clients that, "regardless of how injured you are, the insurance company could be videotaping your every move."  But even I didn't think an insurance company would stoop to the level of having its investigators sneak into church support groups where abortions, addictions and other personal problems were discussed.  Not only that, they taped recorded them. 

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Jury in Keeney's Legal Malpractice Case Returns $5 Million Dollar Verdict

Yesterday, I wrote about a legal malpractice trial going on here in Louisville.  In one of the largest legal malpractice verdicts in Kentucky history, a jury returned a verdict today against attorney Steve Keeney for $5 million.  The allegations of legal malpractice arise out of his handling of a case for Brenda Osborne, of Middlesboro.  The Jefferson Circuit Court jury determine that Keeney lost a federal court case stemming from the an airplane accident in which she could have recovered about $1.3 million (this is known as the "case within a case."  It awarded her that amount, as well as $250,000 for mental anguish. The jury also voted 11-1 to award of $3.5 million in punitive damages, which are meted out to deter and punish intentional and willful misconduct.

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Local Attorney Steve Keeney on Trial for Legal Malpractice

Courier Journal reporter Andrew Wolfson wrote an interesting article in today's paper on a legal malpractice case (what is the difference between malpractice and negligence)  being tried here in Louisville, Kentucky.  Most Louisvillians will remember attorney Steven H. Keeney as the subject of the book Death Benefit, which outlines his involvement unraveling the murder of a woman by her two companions in California.

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PBS Documentary on Why Insurance Companies Deny Legitimate Claims

I see a lot of insurance bad faith here in Louisville, Kentucky.  Finally, the national media is starting to take notice that insurance companies continue to post record profits at the expense of the policyholders to whom they have made promises.  Please watch this great 30 minute PBS special called Home Insurance 9-1-1.  After watching this, you will know more about insurance bad faith than most lawyers.   Hans Poppe

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Bloomberg.com Expose on How Insurance Companies Cheat Policy Holders (Bad Faith)

Insurance bad faith isn't only happening in Louisville, Kentucky.  It's happening nationwide.  Bloomberg's September 2007 magazine has published a great article exposing how insurance companies deny policyholder's claims when they need help the most.  They explain how insurance companies continue to act in Bad Faith and lowball claims in order to achieve record breaking profits year after year.  The Bloomberg article is available at their site, but I have posted it below in case they decide to remove it at some point.

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Medicare To Stop Paying for Medical Mistakes

According to an article today in the Washington Post, Medicare announced a policy change this year that could have some serious implications in the area of medical malpractice and nursing home negligence  In short, Medicare will no longer pay for treatment of conditions that were caused by a healthcare provider, or could have been prevented.  The rule identifies eight conditions _ including three serious types of preventable incidents sometimes called "never events" _ that Medicare no longer will pay for.  Those conditions are: objects left in a patient during surgery; blood incompatibility; air embolism; falls; mediastinitis, which is an infection after heart surgery; urinary tract infections from using catheters; pressure ulcers, or bed sores; and vascular infections from using catheters.

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5th Largest Accounting Firm Ordered to Pay $521 Million in Malpractice Case

According to the Miami Herald, a jury Tuesday ordered BDO Seidman, the nation's No. 5 accounting firm, to pay more than $351 million in punitive damages in an accounting malpractice case, bringing BDO's potential liability in the case to roughly $521 million, an amount CEO Jack Weisbaumsaid threatens its operations.

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Fen Phen Lawyers Put in Jail

This falls under the category of "be careful what you wish for." The three indicted Fen Phen lawyers went to court on Friday to ask for a continuance in their criminal trial. (If you are unfamiliar with the allegations, read them here and read the Courier-Journal story here

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Fen-Phen Lawyers Ordered to Repay Clients $42 Million

On Wednesday, Judge William Wehr ordered Shirley Cunningham, Jr., Melbourne Mills, Jr., and William Gallion to repay their clients $42 Million for breaching fiduciary duties owed to their clients by taking more money from the settlements than they were entitled to. You can read about the allegations here.

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W.V. Supreme Court Determines Erie Insurance Company Likely Acted in Bad Faith

Elizabeth Murfitt's wrist shattered in a car wreck that was not her fault. Erie insurance offered her $45,000 prior to trial. On the second day of trial Erie settled for $800,000. Murfitt filed suit against Erie claiming they acted in bad faith (wrongfully denied her claim or tried to get her to settle for less than it was worth). Ms. Murfitt then sued Erie and demanded they tell her what the reserves where on the claim, but Erie tried to keep it secret. The trial court ordered Erie to disclose what they believed they claim was worth when they offered the $47,000 and Erie appealed. Writing for a unanimous West Virginia Supreme Court, Justice Benjamin wrote "It appears Erie consistently offered to settle Ms. Murfitt's claim for less than her incurred medical bills and without regard for her lost wages for nearly two years prior to the commencement of the trial of the underlying personal injury action," Benjamin wrote. "Then, within the month before the personal injury trial was to commence, Erie's settlement offer increased exponentially without any objective evidence of newly discovered facts justifying such a dramatic increase."

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Survery in Texas finds Judges think Juries award TOO LITTLE damages

Could this possibly be correct??? Judges, by a whopping majority, think that juries don't award enough damages in personal injury lawsuits. At least that's one of the conclusions of a Baylor Law Review Survey recently conducted among judges in Texas. And, if you think that is surprising, try this one on for size. Almost 80% of Texas judges think there additional tort reform is unnecessary. Straight From the Horse's Mouth; Judicial Observations on of Jury Behavior and The Need for Tort Reform.

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Heavy-Weight Texas Trial Lawyer to Repay Clients $33 Million

Two of Texas' heavy hitter trial lawyers have squared off against each other in an arbitration and one has to pay his former clients over $33 Million. John O'Quinn of The O'Quinn Law Firm has been ordered to repay thousands of his clients after being sued by another Texas heavy-weight, Joe Jamail. Joe Jamail is one of the most successful lawyers in the country and is infamous. Watch what it's like to be in a depostion with him.

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Big TV Advertising Law Firm Sued for Legal Malpractice When Client Only Received $6.60 of Her Settlement.

Justine Thompson is mad. And she has good reason to be. Her lawyers settled her case, took $13,000 in legal fees and expenses, re-paid the state for some of her medical expenses and mailed her a check for $6.60. Tragic. The newspaper reports that Justine has sued Cellino & Barnes for legal malpractice.

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Anatomy of a $20 Million Dollar Bad Faith Verdict

Princeton Insurance Company has agreed to Pay $20 Million dollars to settle a claim brought by a bar.

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Three fen-phen Lawyers Indicted

Well, it finally happend. Three of the four Fen-Phen lawyers were indicted by for conspiracy to commit wire fraud by a federal grand jury for their role in a multi-million dollar drug settlement.

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Why Are Health Care Costs Increasing?

Interesting blogs outline the real reasons healthcare costs are increasing. And it has nothing to do with lawyers. One of the major reasons is the costs of drugs...and the reason they cost so much (profits).

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Did The Flea's Case Really Settle Because of his Blog??

Many attorneys (and non-attorneys) have been debating whether and how the Flea's blog could have been relevant in a medical malpractice case. I hypothesized on another blog that it likely could have been relevant has a prior inconsistent statement. Well, it appears I was correct. New York personal injury attorney Eric Turkewitz decided he would call Elizabeth Mulvey, the lawyer who represented the plaintiffs in the case against the Flea.

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Larry Birkhead Counter Sues Former Attorney Debra Opri

Louisville native Larry Birkhead has fought back after being sued for unpaid legal fees by Debra Opri. If you recall, Opri billed Birkhead more than $600,000 in the child custody case. You can read the suit here. Birkhead alleges that he was introduced to Opri by an MSNBC employee and Opri volunteered to handle the case for free because of the publicity and new clients it would bring her.

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Mythbuster- Jury Verdicts are Consistent and Conservative

Recently, I was involved in a debate about whether juries are out of control and whether they should be allowed to decide cases. I clearly believe they should. Thomas Jefferson said it best "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."

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The Flea's Identity is Revealed at Trial

Frequent readers of my blog know that recently a medical malpractice trial was going on in Boston and the defendant doctor, a pediatrician, was blogging about it under the assumed name of "Flea." Prior posts here, here, and here.

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Kentucky Super Lawyers - The First Issue

The First Edition of Kentucky Super Lawyers is out and I must say it is much more accurate than the Top 245 Louisville Lawyers published in the March issue of Louisville Magazine article. (click here for my rant).

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Is Your Doctor Blogging About YOU??

Recently, I came to learn that there is a community of doctors who are blogging about themselves and their patients (one doctor was even blogging about his medical malpractice trial why it was happening)

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Insurance Company Sued By Dr. after they Settled Lawsuit on His Behalf.

Most medical malpractice policies have "consent clauses." This gives the doctor the right to object to the insurance company settling a claim for malpractice.

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Legal Malpractice Cases are Complicated-Here's how to Screw One Up

Legal malpractice cases are among some of the most complicated cases a lawyer can handle. It is not enough to simply prove your former attorney was negligent, you must also prove the underlying case had value, and that the result would have likely been different if your lawyer had complied with the standard of care. This is what's known as proving the case within a case. The damages in the underlying case now become your damages against your former lawyer.

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Insurance Company Cheers after Minnesota Consumers Denied Right to Sue

Today, Minnesota residents were denied a very important legal right and it has insurance companies patting themselves on the backs.

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Preakness Winner, Curlin, Owned by Troubled Phen Fen Lawyers

Well, the Preakness just finished and we'll have to wait another year for a Triple Crown winner. And, while Curlin is certainly a great horse, his owners have some major problems. Two of Curlin's owners are former Lexington attorneys William Gallion and Shirley Cunningham. Anyone who follows this site knows about their major legal problems.

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The Flea Outlines the Plaintiff's Complaint against him.

Why was the Flea sued in the first place. Here he tells us. The Flea is convinced it is impossible for him to make a mistake, so obviously, this case should have never been filed. The comments are as unbelievable as Flea's post.

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The Flea tells us what juries really care about.

Herethe Flea tells us that juries don't really care about the facts or the medicine. They base their decision on the doctor's looks. Flea think he looks pretty good, so he should be o.k. This guy is amazing. Make sure you read the comments.

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The Flea Explains their Trial Strategy

I can't get enough of the Flea. For those of you who haven't heard of this guy, he is a pediatrician on trial for medical malpractice. He has been blogging about his trial...as it is happening. He recently removed the blog, but thanks to my friend the TechnoEsqwe have found some of his posts. Here he explains why he is sitting in the front row instead of out counsel table. He also tells us how his trial consultant prepared him for trial.

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The Flea is Back. Read about this Pediatrician's first day of trial.

Here, the Flea discusses the first day of trial (he has even drawn a cartoon of the plaintiff's attorney). What is most interesting is Flea's comment about what kind of juror he wants.... Most people accuse plaintiffs attorneys of wanting un-educated jurors. Here, Flea explains why he would rather have fourteen un-educated mothers as opposed to fourteen educated men.

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Medical Malpractice Defense Lawyers' Nightmare Client

I have to say, when I received this blog post yesterday, I could hardly believe it. It seems a pediatrician from up north has been sued for medical malpractice involving the death of a child patient.

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Louisville Diet Doctor Being Investigated

Today's Courier Journal reports a local diet drug doctor is being investigated for operating an online pharmacy that never evaluates the people getting the medications. Dr. Tufan I. Senler is being investigated by the DEA over these practices.

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6th Circuit allows Newby lawsuit against McKenzie Mattingly to proceed

My friend, Garry Adams, has won another case at the 6th Circuit Court of Appeals. If you live in the Louisville area, you certainly remember the Michael Newby shooting by former officer McKenzie Mattingly during an alleged drug deal. Mattingly argued the case should be dismissed beause he acted reasonably in shooting Newby. Federal Judge Simpson disagreed and denied McKenzie's motion to dismiss the case.

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Who do defense lawyers represent, the insurance company, or the insured? Kentucky Court of Appeals is Considering this Issue

George Hofmeister, a Bourbon County horseman and entrepreneur, was in a wheelchair for five months after he was injured in a head-on car crash in November 1998. Unable to oversee dozens of businesses across the world, his net worth declined from $196.7 million to negative $6.5 million, his attorneys say.

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Ann Nicole's Louisville boyfriend gets CRAZY bill from his attorney.

In just a little under two months, Larry Birkhead's lawyer, Debri Opri has somehow managed to bill him a whopping $620,492.84. That much money and he doesn't even have custody of little Danni Lynn???

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Is Louisville Magazine's 245 Best Lawyers in Louisville accurate. Not likely.

In the March issue of Louisville Magazine, they list the 245 best lawyers in Louisville. I'm sorry, but I have to take serious issue with this list. This is not to say that the list does not contain several of the best lawyers in Louisville; however, in my opinion, the list is severly biased towards including people who practice in large firms. To be fair, Louisville Magazine did not do any independent research to determine who the best lawyers in louisville are, they simply reproduced the list from The Best Lawyers in America © 2007 published by Woodward/White Inc., of Aiken, S.C. While inclusion is based on peer recommendations, I suspect that members of larger firms choose to nominate members of their own firms as opposed to lawyers in other firms who compete for the same business, or small firm practioners. As an example, under medical malpractice, of the 18 lawyers listed, only 3 represent victims of medical negligence (known as plaintiff's lawyers) as opposed to representing the healthcare provider (defense lawyers). I personally know every lawyer listed in this category and while they are all very good, this list does NOT contain the "best" medical malpractice lawyers in Louisville. Several of the best lawyers in medical malpractice represent injured people, not healthcare providers. Why are they so underrepresented on this list?

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Two Big Law Firms in Big Trouble for Legal Malpractice

In today's news section, you will see two articles involving two major law firms and the hot water they now find themselves in.

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Keeping Politics out of the Courtroom

Ken Conner, a fine trial lawyer, recently wrote the following article I though I'd share with my readers.

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CSX cited for 199 safety violations

Recently (see our news section) the Federal Railroad Administration issued 199 citations to CSX for over 3000 safety violations. The Federal Railroad Administration administrator, Joseph Boardman, said in a statement that "the railroad is still not doing enough to make safety a top priority."

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Failure to Check in on Resident Leads To Alzheimer's Patients Death

Another example of unacceptable nursing home care has led to a resident's death in Marion, Indiana. Bradner Village fired two nursing home employees after they failed to look in on him two nights in a row. Clarence Elliot, 76, was found outside, frozen to death.

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Why Aren't Lawyers Required to Carry Legal Malpractice Insurance.

If you are like most people, you probably assume that lawyers are required to have malpractice insurance to protect their clients if the lawyers malpractices; unfortunately, if you live in Kentucky, you'd be wrong.

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Louisville Funeral Home Director Charged With Crimes-Should the Families Have any Recourse?

Nathanial Anderson, a former Louisville funeral home director, has been stripped of his license. Anderson was arrested yesterday after authorities discovered human remains at his home and at Anderson Funeral Home. The authorities discovered 18 sets of remains.

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O.J. Simpson's Former Lawyer Settles Legal Malpractice Lawsuit

Remember O.J.’s trial in 1994? Do you also remember his lawyers? He hired several of the best, including Johnny Cochran (now deceased), F. Lee Bailey, and Barry Scheck. Unfortunately, legal malpractice is not limited to bad lawyers. Even excellent lawyers sometimes make mistakes.

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W.V. Supreme Court Limits Bad Faith Cases Against Insurance Companies

The W.V. Supreme Court took a huge step in reducing bad faith claims in W.V. Daniel Strahin, who was shot in the arm on the property of Earl Sullivan by another man, agreed with Sullivan to sign a Covenant Not to Execute. The covenant stipulated that Strahin would receive from Sullivan any rights to make a bad faith claim if a settlement was not reached. In return, Strahin could not seek Sullivan's personal property as compensation for a jury award.

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U-Haul Plans To Appeal Louisville federal jury awards of $10 Million In Defective Tow Dolly Case.

Recently my friends and fellow trial attorneys Peter Perlman and Tyler Thompson tried a defective tow-dolly case in federal court. The suit alleged that U-Haul, over the years, has changed it policies regarding the use of its car-hauling dollys in order to maximize profits. The jury determined that U-Haul's policies were not safe because they allowed the weight of the towed vehicle to be equal to that of the towing vehicle. The jury determined that U-Haul's dolly and policies were the reason Christopher and Corry Burke and their infant son, Ryan were all injured when their Ford Explorer fishtailed out of control and crashed. Corry was injured the worst and is now a quadripalegic. The jury awarded $10 million dollars in damages.

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Large insurance consulting company reveals the real reason healthcare costs are so high.

The Courier-Journal's Fourm section clued me in to a recent New York Times article by Princeton economics professor Paul Krugman. Krugman writes about a comprehensive insurance study about healthcare in the United States. The article was in response to a recent lawsuit brought by two New York hospitals against UnitedHealth Group (and several of its affiliates). The lawsuit charges that resources that could be used to pay for medical care are, instead, wasted in a "zero-sum struggle over who ends up with the bill." The two hospitals accuse UnitedHealth of operating a "rogue business plan" in order to avoid paying medical bills on behalf of its insureds.

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Are Lawyer Blogs Speech or advertisements?

There was an interesting article in todays Providence Business News (online version) discussing whether lawyer blogs are speech or ads. (for the article link, go to my news section) This is a very interesting subject. Most states regulate what an attorney may say in an ad. Some states, including Kentucky require that ads be submitted along with a submission fee (in Kentucky its $50). Currently, Kentucky does not require submission of blog postings "if they are a legitimate expression of journalism." This standard has not yet been defined.

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Unethical Fen-Phen Lawyers?

Boy, that sure is the way it looks. Attorneys Melbourne Mills, Jr., William Gallion, and Shirley Cunningham are accused of stealing more than $64 million dollars from their clients in a Fen-phen settlement. Now, the Courier-Journal reports that they may have initially withheld another $27.7 million dollars. All three lawyers have been suspended from the practice of law pending the outcome of the Bar investigation and a trial in September.

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Insurance Companies. Deny, Delay, Defend.

A recent CNN articel revealed that its study of claims and interviews with industry insiders reveal that many insurance companies unfairly deny claims or offer far less than they are worth. This revelation is nothing new to attorneys who handle automobile accident cases. It has been known for years that companies handle these cases (known as MIST, minor injury soft tissue) in "bad faith." They use a computer program known as Colossus to determine they value of a claim. This computer program is unfair and artificially lowers the vaule of a claim.

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Why Medical Malpractice Caps Don't Work

Here is a great blog article by Oklahoma PI attorney Noble McIntyre. It discusses how the largest carrier AIG has priced its product--here's a tidbit, it has nothing to do with outrageous medical malpractice verdicts. Read about it here:

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Wrongly Convicted Louisville Man Settles with Louisville Metro Government for $3.9 million

A local man wrongly convicted of rape has settled with the Louisville Metro Government for the largest amount since the formation of the new government, $3,9 million dollars. William Gregory was falsely arrested and wrongly convicted of rape and attempted rape. He was ultimately freed after DNA evidence confirmed that hairs in a cap could not have been his.

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Gone from Rochester is "The Heavy Hitter" and "The Hammer."

If you live in Louisville, you already know who the Heavy Hitter and the Hammer is. However, you may not have know that in other states the Heavy Hitter and the Hammer monikers belong to other lawyers.

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Legal Malpractice in the 21st Century-Failure to Conduct E-discovery

E-discovery has been a buzz word for the last several years; however, with the advent of the new discovery rules in federal court, it has become more important than ever.

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How do you get a former United States Supreme Court Justice to mediate your lawsuit?

WOW. The January 30th issue of the Courier Journal reports that former United States Supreme Court Justice Sandra Day O'Connor has agreed to mediate a 60 year-old land dispute. To read the entire article, go to our news section.

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State Farm finally agrees to pay Katrina victims in Mississippi-but not Louisiana

It only took two years, Senator Trent Lott, one of the most well-known plaintiff's firms in the country, and the Mississippi Attorney General to get State Farm to agree to pay Mississippi Katrina victims 50% of the value of their damaged property. USA Today also reports that an additionally settlement had been reached with other Mississippi victims not represented by the Scruggs Law Firm.

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Are blacks underrepresented on Jefferson County juries?

According to the Courier Journal, not enough African Americans are making it onto Kentucky juries. While African Americans make up about 20% of the county's population, they make up only about 16% of criminal juries and 16% of criminal juries. As a result, the Jefferson Circuit court will begin to monitor strikes in an attempt to figure out why our juries do not reflect our population.

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Whistelblower case against MSD started Tuesday.

A fellow attorney, and friend of mine, David Friedman started a federal whistleblower trial yesterday. You may remember David as the local lawyer who argued (and won) a United States Supreme Court case in 2006. In the whistleblower case, David alleges two former employees were terminated after complaining that a council member, his aid, and an MSD board member were using their influence to cut corners on a sewer project and to have excess dirt from the project delivered to political supporters. Based on the story, David has his work cut out for him. But he had his work cut out for him when he argued at the US Supreme Court, too. David doesn't shy away from un-popular cases or challenges.

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Comair Pilots broke cockpit rules and Controller changes statement.

ABC news reported tonight that the voice cockpit recorder revealed that both pilots broke the "sterile cockpit" rule. The rule requires that pilots not engage in any non-essential communications during the crucial parts of the flight, including takeoff. The pilots can be heard discussing families,