Tuesday, November 21, 2017

Supreme Court and Appellate Advocacy


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450 Las Vegas Shooting Victims and Family Members File Lawsuits Against MGM and Live Nation

A solo gunman killed 58 people and wounded 489 others when he fired into the crowd of a country music festival in Las Vegas.

Attorneys representing families and victims of the October 1, 2017, mass shooting at the Route 91 Harvest Festival in Las Vegas have filed five negligence and wrongful death lawsuits against the hotels and concert promoter.

Texas attorneys Mo Aziz of Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz and
Chad Pinkerton of The Pinkerton Law Firm, PLLC, filed lawsuits against MGM Resorts International, Mandalay Corp., MGM Resorts Festival Grounds LLC, Live Nation Entertainment, Inc., Live Nation Group d/b/a ONENATIONGROUP LLC, Contemporary Services Corporation, and the Estate of shooter Stephen Paddock.

Aziz and Pinkerton represent over 450 victims of the shooting, including two wrongful death claimants. The five lawsuits are filed in the Superior Court of California in Los Angeles, Central District. Each action alleges negligence, battery, assault, intentional infliction of emotional distress and, where applicable, wrongful death.

The acts of the solo gunman, who killed 58 people and wounded 489 others when he fired into the crowd of a country music festival last month from his Mandalay Bay hotel room, have already resulted in multiple lawsuits.

Failure to notice stockpiling of weapons

Prior to the shooting, Paddock used his VIP status to get exclusive access to a service elevator and Mandalay Bay, to stockpile weapons and ammunition in his suite without being noticed. He kept a “Do Not Disturb” sign on his room for days before the shooting, and installed security cameras on his hotel room door, in a service cart, and in the hallway.

The lawsuits charge that the hotel defendant failed to take notice or precautions against Paddock’s delivery of guns and his installation of surveillance outside his room. The lawsuits charge that the promoters failed to provide adequate emergency exits, or have a plan in case of a foreseeable terrorist attack.

Aziz and Pinkerton filed four lawsuits, including two wrongful death lawsuits for Dixie Roybal (File Stamped Complaint) and Christopher Jaksha. Mrs. Roybal’s husband, Christopher Roybal, and Mr. Jaksha’s wife, Rocio Guillen-Jaksha, were among the 58 victims killed during the mass shooting. The legal team also represents the family of Kristina Staples (File Stamped Complaint), a wife and mother who was shot in the head. Mrs. Staples remained in a coma for several weeks after the shooting. The fourth lawsuit was filed for 450 victims who were injured during the mass shooting.

California attorney Allen Michel of Gipson Hoffman & Pancione is also part of the legal team.

Also filed on Monday was a fifth lawsuit for five victims represented by
Aziz and Michelle Tuegel of Hunt & Tuegel, PLLC. One of these victims was 21-year old Paige Gasper who was shot in her right underarm, resulting in a lacerated liver and shattered ribs. The Gasper case has been transferred from Nevada to California by her legal team.

Each lawsuit includes negligence claims against MGM Resorts International, Mandalay Corp., MGM Resorts Festival Grounds LLC, Live Nation Entertainment, Inc., Live Nation Group d/b/a ONENATIONGROUP LLC, and Contemporary Services Corporation, and intentional tort claims against the Estate of Stephen Paddock.


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Monday, November 20, 2017

Turkey Frying Safety

The holidays are notorious for sparking an increase in injuries, leaving many people struggling to handle the financial, emotional, and physical consequences of these unexpected accidents. While they are meant to be a joyous time, holidays such as Thanksgiving do unfortunately see an increase in these incidents. Many people have adopted the tradition of deep frying their turkey for Thanksgiving, as it is generally far faster than using an oven. However, by using a fryer of this size, you are risking quite a lot--though we do not recommend against using a deep-fryer for your turkey, we suggest you are careful to ensure you have a safe Thanksgiving.

Consider the following safety tips for deep frying your turkey:

  • Always deep fry outside and away from anything flammable, such as a wooden deck, plants, etc. Keep the fryer in a place with good ventilation.
  • Make sure everyone is aware of where the fryer is in order to avoid knocking it over.
  • Properly thaw the turkey, as the moisture could risk an explosion.
  • Follow any and all instructions specific to your fryer.
  • Protect your skin and eyes from oil splatters.
  • Keep an eye on the fryer’s temperature.

Contact Our Marietta Personal Injury Attorneys Today

If you or a loved one has been injured in an accident this Thanksgiving season, look no further for a trusted Marietta personal injury lawyer than ours at Jones & Swanson. We understand no one plans to be injured during this happy time, which is why our legal team wants to take the reins on your behalf. We will ensure we do everything in our power to deliver you the most positive and successful results possible for the compensation you deserve.

Don’t hesitate to speak to a member of our firm by calling (770) 884-6652.


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Ames Moot Court Competition 2011


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Ames Moot Court Competition 1987


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Ames Moot Court Competition 2017


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Jury Awards $247 Million in DePuy Pinnacle Hip Mass Tort Trial

A federal jury in Dallas, TX, awarded six plaintiffs who were harmed by the DePuy Orthopaedics Inc. Pinnacle hip a total of $247.49 million in damages.

It was the latest bellwether trial, or test case, in In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL 2244. There are 9,226 cases before US District Judge James Edgar Kinkeade in the Northern District of Texas.

The plaintiffs, all from New York, are Ramon Alicea, Uriel Barzel, Karen Kirschner, Hazel Miura, Michael A. Stevens and Eugene Stevens Jr. The jury awarded each plaintiff between $9.3 million and $20.63 million in past and future medical expenses and pain and suffering. It then added $28 million in punitive damages for each plaintiff against defendants DePuy and parent company Johnson & Johnson.

Metal-On-Metal Design

The plaintiffs were each implanted with a Pinnacle Ultamet metal-on-metal design hip prosthesis. Each proved that the hip failed prematurely and shed metal that caused pain, inflammation, and damage to soft tissue and bone tissue and required surgical replacement.

The jury found DePuy and Johnson liable for design defect, negligent design, inadequate warning, manufacturing defect, negligent manufacture, negligent misrepresentation, fraudulent concealment to both plaintiffs and surgeons and deceptive business practices.

It also held Johnson & Johnson liable for negligent undertaking as to each plaintiff, aiding and abetting tortious conduct by DePuy and giving substantial assistance or encouragement to DePuy for negligent manufacture.

DePuy stopped selling the Pinnacle hip replacement in 2013. It had been approved through the FDA’s short-cut 510(k) approval process. The 510(k) process allows manufacturers to get FDA approval to sell a medical product if it is “substantially equivalent” to a product that the FDA has already approved.

Due to increasing safety concerns, the FDA announced that it would require all metal on metal hip replacements to undergo extensive testing and studies to prove that it was safe for patients. DePuy cited the FDA’s decision as one of the reasons it is stopping sales.

The plaintiff’s counsel is Mark W. Lanier of the Lanier Law Firm in Houston. The Nov. 16 verdict was the third in favor of the plaintiffs:

  • In March 2016 a federal jury awarded five Texas plaintiffs a $502 million verdict that was reduced to $150 million.
  • In December 2016 a jury awarded six California plaintiffs a $1 billion verdict that was reduced to $542 million.
  • In 2014 a jury returned a defense verdict.

 


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