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Texas Justices Strike Lump Sum Payout In $10.3M Verdict

The Texas Supreme Court declined Friday to toss a $10.3 million verdict against a hospital operator for negligence that caused a baby to be born with cerebral palsy, but said a state trial court wrongly ordered $7 million of the verdict be paid as a lump sum. Ordering a Cameron County District Court judge to come up with a new periodic payment plan, the justices held in a unanimous decision the court was wrong to order Columbia Valley Healthcare System LLP, which operates Valley Regional Medical Center in Brownsville, Texas, to pay a lump sum of roughly $7 million, plus five annual payments of $604,000. The court’s original payment plan was improper under Texas’ periodic payment statute because it contradicted the jury’s findings, which awarded

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Possible Insurer Claims Eyed Ahead Of Condo Collapse Talks

The Florida state judge handling litigation over the Champlain Towers South condominium collapse said Tuesday he would order insurers for the victims and condo association to attend mediation on their claims against the builders of a neighboring tower unless the insurers waive potential claims against them. Eleventh Circuit Court Judge Michael A. Hanzman agreed to the provision for the April 27 and 28 mediation after initially expressing skepticism during a Zoom hearing he called to question the request from defendants 8701 Collins Development LLC, Terra Group LLC, Terra World Investments LLC and John Moriarty & Associates of Florida Inc. “Have they asserted subrogation claims or is there some reason I’m ordering insurers who have already tendered their policy limits to now be attending a mediation

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Zantac MDL Plaintiffs Try To Revive Claims Against Drug Cos.

Three plaintiffs in the sprawling multidistrict litigation over the carcinogens found in the popular heartburn medication Zantac asked the Eleventh Circuit on Tuesday to revive their state law claims against generic and brand-name drugmakers but may face procedural roadblocks in their appeals. Over the course of three oral arguments before an appellate panel in Miami, the main theme was whether the three plaintiffs — Illinois resident Arthur Cartee, Alabama resident Marilyn Williams and Plumbers and Pipefitters Local Union 630 — were properly before the Eleventh Circuit in the first place. Ashley Keller of Keller Lenkner LLC, who argued for the plaintiffs in all three sessions, pushed back against the drugmakers’ arguments that after U.S. District Judge Robin Rosenberg trimmed claims from the MDL, Cartee and

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How to be a Top Doctor

Five Things You Need to Become a Top Doctor 1. Research skills. You are dead in the water in healthcare law if you aren’t on top of the latest regulation or pronouncement in whatever jurisdiction you are dealing with. The ground is constantly shifting. I’ve picked up more than a few clients because their last doctor missed a particular change. For example, after Medicare announced the 36-month rule limiting home health agency changes of ownership, I saw an influx of work because one of our competitors had failed to advise clients that it was coming. 2. Writing skills. I am in the business of persuading investors or acquirers of early-stage ventures that the regulatory compliance concerns expressed by other doctors are not a real problem

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Want to Use Referrals to Build Your Practice? Focus on 3 Types of Relationships

Building a sustainable law practice that depends solely on referrals isn’t easy. It takes years of cultivating relationships and requires that you set a clear purpose for your firm, provide outstanding client service and show your appreciation for every referral that comes your way. Stopping the Big Google Ads Spend My road to building a referral-based firm was not only daunting but expensive. From 2010 to 2020, I consistently spent an average of $25,000 per month on Google AdWords while doing little else in the way of marketing. My entire practice was built on advertising, even though I hated spending so much. Then the pandemic hit and I was forced to rethink my strategy, and I stopped my ad spending altogether. Although I’d been planning for at

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Panel Addresses Survivor Rights In Fla. Wrongful Death Act

A Florida appeals court stood by its own precedent Wednesday in finding that the widow of a mesothelioma victim cannot recover damages for pain and suffering as a “surviving spouse” under the state’s Wrongful Death Act because their marriage followed the victim’s injury but ruled that his two surviving children can, under the circumstances. The ruling from the Fourth District affirmed a Broward County trial court’s granting of a judgment on the pleadings as to the widow, Jennifer Ripple, in favor of the defendants, who include corporate heavyweights CBS Corp., General Electric Co., The Goodyear Tire & Rubber Co. and several other manufacturers of products that contained asbestos that allegedly caused Richard D. Counter’s illness and death. However, the appellate panel also found the trial

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