Gutnicki LLP’s Post

It appears as though litigation finance is getting under the skin of corporate America, in this case it’s Johnson and Johnson. This article highlights both perspectives on the use of litigation finance. The real question is whether there is sufficient science to back-up claims and whether the complex science is being appropriately interpreted by those making decisions, especially in the context of mass tort product liability cases. There are now a number of instances of the industry ‘poking the bear’ and it does make me wonder what happens when the bear rises from its slumber. Knowing the legal profession, we may eventually find out when someone goes too far in the name of seeking “justice”. Spoiler Alert: we’ll now never know what J&J was planning to do with this information.

A Florida Senate panel recently took a positive step toward addressing concerns surrounding the third-party litigation financing industry in the state. SB 1276 is a consumer-centric bill that promotes transparency and safeguards against potential overreach by financiers in influencing legal decisions. The bill introduces common sense prohibitions against litigation financing companies receiving a larger share of the proceeds than the plaintiffs or influencing legal strategy. These measures are designed to shine a bright light on the third-party litigation financing industry and ensure fair treatment for plaintiffs. The third-party litigation funding industry, estimated to be worth a staggering $13.5 billion nationwide, has prompted important questions about needed transparency and increasing consumer protection. Floridians are hopeful that this pro-consumer bill will ultimately be passed into law. With a decisive 15-5 vote in favor, the bill is now primed to bring about meaningful change. Under the proposed legislation, attorneys would be required to disclose important information to their clients, the court, opposing counsel, and other relevant parties to the litigated dispute. If enacted, it would establish a crucial mandate for lawyers involved in third-party litigation agreements. https://lnkd.in/dZfVa8MD

A strong litigation strategy can make all the difference in a legal dispute. A well-thought-out plan can help you minimize risks, navigate the legal process efficiently, and achieve your desired outcome. Every move in a litigation usually involves a strategic decision. Make sure you understand and agree with your attorney's litigation strategy. - Catherine Pastrikos Kelly https://lnkd.in/ekH4VStn #businesslitigation #attorney #litigationstrategy

D3 | litigation finance industry update '24. #legalnews #legalprofession #legalindustry #litigationfunding #litigationfinance #d3search

Reminder to all my connections and beyond. You want to know what's going on Right Now for FREE? Join in and find out. #consumerprotection #cfpb #oag #lending #banking #consumerloans #realestate #auto #studentloans #mortgage #fintech #proptech #insurtech

The firm congratulates Brad Fraser on being named Managing Member of the firm. Brad is an Equity Member in the Knoxville office with 24+ years of multi-state and federal litigation and arbitration experience for clients in various areas, including construction litigation, transportation, products liability, employment, insurance disputes, and professional errors and omissions claims. Congrats, Brad! To read more about the firm's attorneys, please visit our website here: www.leitnerfirm.com #lawfirmmanagement #lawfirm #attorneyatlaw #attorneys

Who pays and how much are critical questions in any litigation. In this article, my colleagues Adam Diederich and Kirstie Brenson delve into how to contractually account for these questions in common business disputes.

Litigation conditions in the industry continue to evolve with representation rates, litigation rates and litigation costs increasing, according to a recent report from Sedgwick. The report portrays a challenging and evolving legal landscape in 2024. https://lnkd.in/ggvnGF4F

Are you aware of the impact third-party litigation funding and frequent plaintiff attorney advertising can have on your household costs? According to a recent survey by the American Property Casualty Insurance Association and Munich Reinsurance America, most U.S. consumers are not. While 89% of respondents had seen advertisements for plaintiff law firms, more than half were unaware of third-party litigation funding. Additionally, 47% didn’t know a substantial share of jury awards and settlements go to attorneys, not plaintiffs. Most didn’t know about the knock-on effects of frequent and costly litigation, a "tort tax" of $3,621 per household. Did you know this? Were you aware of the tort tax? Leave me a comment below. #StormReport #propertyandcasualty #tortreform

New Webinar! Negotiating and Settling Tort Cases: Evaluating the Case, Making the Demand, Bargaining Directly or in Mediation Presented by Strafford January 11, 2024 | 10:00am-11:30am Speakers: Stacie Hausner, Esq. – ADR Services, Inc. Guy O. Kornblum, Esq. – Law Offices of Guy O. Kornblum Marc Mayerson, Esq. - The Mayerson Firm 1.5 hours general CLE credits Cost: $197 The reality is that most lawsuits settle. Thus, just as every case should have trial themes and discovery strategies, each one should have a settlement plan and strategy. But most lawyers mistakenly assume that what persuades a jury will persuade opposing counsel or meet the needs of the defendant’s insurers, who may or may not be present, and whose checkbooks will fund the settlement.   An overall settlement strategy needs to be developed based on numerous obvious and not-so-obvious factors. Although the parties may frequently be attempting to divide a fixed sum, such as the defendant’s insurance proceeds, some options may exist to expand the pie or the people adding to it.   Listen as this premier panel of experienced negotiators and litigators offers guidance on practical actions that personal injury attorneys can take to make their opponents more receptive to their proposals. Register HERE: https://lnkd.in/gvfkfQBC #webinar #Law #arbitration #adr