INSIGHTS

Partner Mike Eidson Takes Center Stage in December Issue of Coral Gables Magazine

Discover the story behind our Partner Mike Eidson’s remarkable dedication to preserving history and fostering arts at St. Mary’s First Missionary Baptist Church in Coral Gables. From rescuing this historic gem to creating a sanctuary for the arts, his passion enriches our community’s culture.

MIAMI (June 6, 2023) – Colson Hicks Eidson has been recognized as one of the top three trial law firms in Florida in the “Litigation: Mainly Plaintiffs” category by the respected Chambers and Partners USA Legal Guide for the third year in a row. In addition, five of the Miami-based firm’s attorneys were also ranked individually.

 

“These rankings are a testament to the dedication and perseverance of our lawyers and our firm’s ability to handle a wide array of cases on behalf of our clients,” said the managing partner of Colson Hicks Eidson, Dean Colson. “As the South Florida business community expands and changes, we’re excited to continue serving new clients with the same spirit of excellence we developed when the firm first opened more than 50 years ago.”

 

Julie Kane, Stephanie Casey, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner and Martínez received the top ranking (Band 1), and Martínez also was ranked “Senior Statesperson” in the “White Collar Crime and Government Investigations” area.

 

The rankings are a result of the firm’s exceptional track record of securing multi-million-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multi-district litigation, and aviation and automobile accidents. Notably, in the past year, Colson Hicks Eidson secured judgments against four major cruise lines totaling almost half-billion dollars that were the first ever obtained in any case brought under Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (the LIBERTAD Act). In those cases, Carnival, MSC Cruises, Royal Caribbean, and Norwegian Cruise Lines were found liable for trafficking in the Havana Port Terminal that the Castro government illegally confiscated from the U.S.-owned Havana Docks Corp in 1960. Each cruise line is required to pay Havana Docks approximately $112 million.

 

The firm’s recent work also ranged from being part of the team of lawyers that secured over $1 billion in settlements for the families of the victims of the Champlain Towers South Condominium collapse to a $5 million jury verdict against Chen Neighborhood Medical Centers of South Florida LLC for failing to accurately diagnose breast cancer in a patient.

 

“We are proud to receive this recognition as one of the country’s leading trial firms,” said Roberto Martínez. “Our firm is committed to seeking justice in complex legal matters across the world and improving the lives of our clients,” added Curtis Miner.

 

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

 

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Pennsylvania attorney Robert Mongeluzzi, a Saltz Mongeluzzi Bendesky founder, has been dubbed in the press as “the master of disasters.” He sends a 45-minute videotape consisting of case-specific liability and damages to the decision maker at the defendant’s insurance company.

“The decision maker is rarely in the room at a settlement conference or the mediation,” Mongeluzzi said. “They’re usually in some corporate tower in Chicago, New York or London. But the one time I know I can talk to them is when we have a settlement film.”

Florida attorney Curtis Mine, a Colson Hicks Eidson partner and an expert in structured settlements, said the Sunshine State “punches above its weight” in consolidating multidistrict litigation and class actions.

“The average time for completion of a civil lawsuit from filing to completion, in past years, the Southern District of Florida is ranked first or second in the country,” Miner said. “As the stakes increase, the defense strength increase.”

While both attorneys litigate differently and in different states, they both share a common thread: They routinely obtain so-called nuclear settlements and practice among the six states, including California, Florida, New York, Pennsylvania and New Jersey.

The states account for nearly 65% of the nuclear verdicts, per a U.S. Chamber of Commerce Institute for Legal Reform report.

“Nuclear settlements are a function of nuclear verdicts, and a recognition that going to trial is a risky proposition—both before and now,” said Lee Teichner, a partner at the Am Law 100 firm Holland & Knight.

Nuclear settlements, according to Robert Tyson, managing partner at Tyson & Mendes in San Diego, California, are either more than $10 million or are settlements in which non-economic damages, like pain and suffering, greatly exceed economic damages, such as medical bills.

Tyson explained to defense lawyers how to avoid runaway jury verdicts in his book, “Nuclear Verdicts: Defending Justice for All.”

This year, Tyson plans to publish a sequel with a more data-driven approach to the subject. Tyson has also developed software that uses artificial intelligence to advise insurance companies which of their cases is likely to end in nuclear verdicts.

Focus on Federal Appellate Courts
Thomas R. Kline, a founding partner of Kline & Specter in Pennsylvania, has taught at several law schools, including the Drexel University Thomas Kline School of Law. Kline routinely obtains these nuclear settlements, but objects to the name as a defense bar tactic.

Kline said there are restrictions placed in various states, which prevent jurors from returning eight-figure verdicts, which in turn prevents the lawyers from obtaining an eight-figure settlement. It is an example of the effort by insurance companies or governmental entities to restrict the damages that can be claimed and recovered.

“There’s a ‘Look what Texas is doing’ and then they try to do that in another state,” Kline said. “But each of these settlements are driven by the law in the state in which it is drawn. You can only change it in two ways: convince the highest appeals court or the legislature to change the law.”

And the stakes are high, as Miner of Colson Hicks said that future rulings by the federal appellate courts could change whether nuclear settlements continue to thrive in those six states in which nuclear verdicts abound.

Miner pointed to the U.S. Court of Appeals for the Eleventh Circuit—an outlier—which entered a ruling last week on what class representative incentive awards are allowed.

The Eleventh Circuit reversed a nearly $10 million settlement over the brain performance supplement Neuriva after finding a class member had standing to object.

The Eleventh Circuit ruling affirmed the precedent set in Johnson v. NPAS Solutions.

The appellate court held that incentive awards for class action representatives that compensate them for their time and reward them for bringing lawsuits are prohibited.

Miner cited the recent trend of success in appeals of settlements based on standing as an example of what could drive defense reform if the concept spreads outside of the Eleventh Circuit.

The result could affect where nuclear verdicts are heard and thereby, without the threat of trial, alter the jurisdiction in which attorneys obtain nuclear settlements.

“The ruling could disincentivize potential victims of consumer fraud or consumer deceptive conduct, participating in class actions,” Miner said. “They may just say, ‘Well, I just don’t want to have to put in that kind of time to do it if there’s nothing for it.”

Florida is one of a handful of states in the US that has a no-fault car insurance system. This means that in the event of a car accident, each driver’s insurance company pays for their own policyholder’s medical expenses and lost wages, regardless of who was at fault for the accident.

There are both pros and cons to this no-fault system. Let’s take a look at some of the key points on both sides.

Pros of No-Fault Car Insurance in Florida

  • Quicker claims process: One of the main advantages of the no-fault system is that it can speed up the claims process. Since each driver’s insurance company is responsible for paying their own policyholder’s expenses, there is no need to determine fault and wait for the other driver’s insurance company to pay out. This can be especially helpful in cases where the accident was minor and both drivers just want to get back on the road as quickly as possible.
  • Lower premiums: Because the no-fault system takes fault out of the equation, insurance companies are able to offer lower premiums to their policyholders. This is because they don’t have to worry about paying out large sums of money to cover the other driver’s damages in the event of an accident.
  • Personal injury protection: Another benefit of the no-fault system is that it provides personal injury protection (PIP) coverage to all drivers. This coverage pays for medical expenses and lost wages regardless of who was at fault for the accident. This can be especially helpful for those who don’t have health insurance or who have high deductibles on their policies.

Cons of No-Fault Car Insurance in Florida

  • Limited liability: One of the main drawbacks of the no-fault system is that it limits the liability of drivers who are at fault for an accident. While they may be required to pay for their own damages, they are not responsible for paying for the other driver’s damages. This can be frustrating for those who have been seriously injured in an accident and are left to cover their own expenses. That said, there are instances when a driver can file an additional third-party claim against a negligent motorist who caused their accident if their injuries are severe enough.
  • Caps on damages: Another downside of the no-fault system is that it often includes caps on damages. This means that even if an individual has sustained serious injuries and has incurred significant medical expenses, they may not be able to recover all of their damages.
  • Difficulty proving fault: In some cases, it can be difficult to prove fault in a car accident. This can be especially true in cases where there are multiple drivers involved or where the accident occurred under complex circumstances. Without the ability to prove fault, it can be challenging to recover damages. However, a skilled attorney can investigate the case and assist in determining fault and liability if filing a third-party lawsuit or claim is an option.

This is just one of many reasons to review your case with an attorney after an accident in Florida. At Colson Hicks Eidson, our Miami car accident attorneys are on hand to provide the legal guidance and representation you deserve in these circumstances. Learn more about what we can do for you by contacting us online or calling us at 305-476-7400.

When it comes to maintaining and repairing your vehicle, it’s important to ensure that you are using high-quality and safe parts. Unfortunately, not all auto parts are created equal, and some may have defects or design flaws that can put you and your passengers at risk. In these cases, the manufacturer or the National Highway Traffic Safety Administration (NHTSA) may issue a recall for the faulty parts. If you are considering repairing or replacing a part on your vehicle, it’s important to find out if the part has been recalled and to follow the recommended steps for addressing the issue.
So how can you find out if an auto part has been recalled? Here are a few steps you can take:

Check the NHTSA website

The NHTSA is responsible for issuing vehicle safety recalls in the United States. You can search their website for recall information by entering your vehicle’s make, model, and year, as well as the part in question. The website will provide information on the recall, including the reason for the recall and the recommended actions to take.

Contact the manufacturer

If you are unsure if a recall has been issued for a specific part, you can also try contacting the manufacturer directly. Many manufacturers have a customer service hotline or website where you can find information on recalls and other safety issues.

Check with your dealership

If you purchased the vehicle new, your dealership may be able to provide information on any recalls that have been issued for your specific model. They may also be able to help you with the repair or replacement process if a recall has been issued.

Use online resources

There are also a number of online resources that can help you find out if an auto part has been recalled. For example, the SaferCar app, available from the NHTSA, allows you to search for recall information by VIN (vehicle identification number) or by make and model. Other online resources such as the Consumer Reports website and the Carfax website also provide recall information.

If you do find out that an auto part has been recalled, it’s important to follow the recommended actions to address the issue. This may involve getting the part repaired or replaced at no cost to you, or it may involve returning the part to the manufacturer for a refund. It’s also a good idea to
keep track of any recalls that have been issued for your vehicle and to check for new recalls on a regular basis

Taking Legal Action When a Defective Auto Part Causes Harm

Although taking these steps can help you avoid installing a defective auto part in your vehicle, it’s possible you’ve already been injured as a result of a defective part that was already installed in your vehicle when you purchased it.

If this has happened, you may be eligible to receive compensation for your medical bills, lost wages, and other such losses. Learn more about your legal options by reviewing your case with a Miami defective auto parts attorney at Colson Hicks Eidson. Get started today by contacting us online or calling us at 305-476-7400.

Spring break is a popular time for college students and other young people to take a break from their studies and enjoy a vacation, often in sunny and warm destinations such as Florida. While spring break can be a fun and relaxing time for many people, it can also lead to an increase in motor vehicle accidents and pedestrian accidents. In this blog post, we will explore how spring break in Florida affects accident rates and what can be done to reduce the risk of accidents during this time.

Factors That May Lead To Accidents During Spring Break In Florida

First, it’s important to understand the factors that can contribute to an increase in accidents during spring break. One of the main factors is the influx of tourists and out-of-towners who may not be familiar with the roads and traffic patterns in Florida. This can lead to confusion and mistakes on the road, such as failing to yield or misunderstanding traffic signals.

Another factor is the increased drinking and partying that often occurs during spring break. Alcohol is a leading cause of motor vehicle accidents, and the combination of alcohol and inexperienced or reckless drivers can be particularly dangerous. In addition, the busy and crowded streets and beaches of Florida during spring break can make it more difficult for pedestrians to navigate safely, leading to an increase in pedestrian accidents.

Guarding Against Accidents During Spring Break in Florida

So what can be done to reduce the risk of accidents during spring break in Florida? One solution is to increase law enforcement presence on the roads and in high-traffic areas. This can help to deter reckless and drunk driving, as well as help to enforce traffic laws and keep pedestrians safe.

Another solution is to promote safe and responsible behavior among spring breakers. This can include educating people about the dangers of drunk driving and encouraging the use of designated drivers or alternative transportation options. It can also include promoting pedestrian safety, such as reminding people to look both ways before crossing the street and to use crosswalks whenever possible.

There are also a number of resources and services available to help keep people safe during spring break in Florida. For example, many hotels and resorts offer shuttle services to help people get around safely, and ride-sharing services such as Uber and Lyft can provide a convenient and safe alternative to driving. In addition, many local organizations and businesses
offer free or discounted rides home for people who have had too much to drink, as a way to prevent drunk driving accidents.

All that said, it’s possible you may one day be involved in an accident during spring break in Florida resulting from the negligence of another party. If this happens, strongly consider reviewing your case with a Miami personal injury attorney at Colson Hicks Eidson. We may be able to help you pursue compensation for your medical bills and other such losses. Learn more by contacting us online or calling us at 305-476-7400.

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