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The Great Trials Podcast offers a series of laid-back, casual conversations with leading trial lawyers, taking listeners "behind the scenes" of America’s greatest trials. Hosted by acclaimed trial lawyers Steve Lowry and Yvonne Godfrey, each podcast episode focuses on one important trial and includes in-depth, insightful interviews with the attorneys who successfully argued the case in front of a judge and jury.
Episodes
Tuesday Jul 06, 2021
Tuesday Jul 06, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Jennifer L. Lawrence of The Lawrence Firm (https://www.lawrencefirm.com/).
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Episode Details:
Top 25 Women Kentucky Super Lawyers honoree Jennifer L. Lawrence of The Lawrence Firm, PSC, shares how she secured justice for the parents of Kyle Smith, a young boy who suffered head trauma that was not thoroughly assessed by a physician and resulted in permanent injuries. In March 2002, 9-year-old Kyle Smith hit his head on a coffee table and later began vomiting, prompting Kyle's parents, Kristi Longbottom and Jesse Smith, to take him to the hospital, where Dr. Gary S. Huber of Qualified Emergency Specialists, Inc. sutured Kyle's laceration and discharged him, stating that the boy just needed to "sleep it off." Kyle was unresponsive the next morning, and an emergency CT scan revealed a large epidural hematoma in the brain that required immediate surgery. Kyle spent over three weeks in the Rehabilitation Care Unit re-learning how to swallow, eat, communicate and walk. A permanent brain injury has affected his mobility. Despite the defense's claims that Dr. Huber advised Kyle's parents to follow the hospital's head injury pamphlet, which stated that patients should be awakened every two hours, a Clermont County, Ohio jury found Dr. Huber negligent. In September 2010, Kyle was awarded $2,112,899 in damages as part of a $2.41 million verdict.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Jennifer L. Lawrence
Jennifer L. Lawrence is a partner of The Lawrence Firm, PSC, in Covington, Kentucky. Ms. Lawrence practices law with a particular focus on product liability, mass torts and medical malpractice. She represents a wide variety of clients throughout the United States including the State of Ohio and the Commonwealth of Kentucky. Ms. Lawrence has concentrated her practice representing clients and their families injured as a result of defective medical devices, dangerous drugs and medical and hospital negligence. It is part of Ms. Lawrence’s mission to help families gain closure through the discovery of not only an explanation of what happened but why it happened. Ms. Lawrence hopes that through helping families one at a time that ultimately the quality of production of medical devices and drugs and the quality of care within the healthcare system will improve within our country.
Ms. Lawrence graduated with a B.A. from The Ohio State University and earned her law degree from Salmon P. Chase College of Law. She graduated within the top of her class and earned the highest grades in several classes. While in law school, she was an active participant of Moot Court. She is admitted to practice in Kentucky and Ohio, as well as before the U.S. District Court for the Southern District of Ohio and the U.S. District Court for the Eastern and Western Districts of Kentucky. Ms. Lawrence is a member of the Cincinnati Bar Association, the Northern Kentucky Bar Association, the Kentucky Justice Association, serving as a District Vice President and a member of the Ohio Association for Justice. She is also a member of the American Association for Justice and has served as a Co-Chair of the da Vinci Robotic Surgical Litigation Group and previously as a board member of the Birth Trauma Litigation Group. Ms. Lawrence has been a member of the Salmon P. Chase American Inn of Court. Ms. Lawrence previously served by appointment on the Ohio CLE Commission and on the Kentucky Supreme Court Committee on the Admission To The Bar. She has also served as a board member for the Children's Law Center, the Kenton County Library Foundation Board and has served on boards for various other organizations.
Ms. Lawrence has successfully concluded to verdict trials in both the State of Ohio and the Commonwealth of Kentucky. She has successfully argued before the Ohio Supreme Court, and Appellate courts in Ohio and Kentucky. Ms. Lawrence has been recognized for her accomplishments as an attorney by Super Lawyers and has been named as one of the Top 25 Super Lawyers and Top 50 Super Lawyers in Kentucky for 2021. She has previously spoken on products liability and medical malpractice for a variety of professional organizations including The Ohio Association of Justice, Kentucky Justice Association, American Association of Justice and the Northern Kentucky Bar Association and has co-authored an article on medical malpractice published in the Northern Kentucky Law Review. With her law practice Ms. Lawrence is involved in a wide variety of professional and volunteer activities. She has served as an adjunct professor at Chase College of Law and serves as a volunteer at moot court competitions, local non-profit organizations and serves as a volunteer for her children's activities and school. Ms. Lawrence practices law with her husband and law partner, Rob Lewis.
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Tuesday Jun 29, 2021
Tuesday Jun 29, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Eric Rosen of Rosen Injury Law (https://roseninjurylawyers.com/).
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Episode Details:
Rosen Injury Law founder Eric Rosen explains how he secured justice for the family of Vivian Wilkinson, a lifelong smoker who died from Chronic Obstructive Pulmonary Disease (COPD) caused by her addiction to R.J. Reynolds Tobacco Company's cigarettes. Building upon the success of the 1994 Engle class action lawsuit comprised of Florida smokers, trial lawyer Eric Rosen successfully took Broward County, Florida jury members on a journey back in time to when smoking was deeply ingrained in American society, helping them see how that environment influenced Vivian's decisions as well as the actions of R.J. Reynolds Tobacco Company. Despite the defense's attempts to convince the jury that the timing of Vivian's initial COPD symptoms failed to meet the statute of limitations, the jury found in favor of Vivian's estate, awarding $3 million in compensatory damages to her children, Vivian and Eugene, and $10 million in punitive damages against R.J. Reynolds Tobacco Company for knowingly concealing information that ultimately contributed to Vivian's death.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Eric Rosen
Eric Rosen is a Fort Lauderdale injury lawyer and founder of Rosen Injury Law, P.A. Mr. Rosen is Board Certified by the Florida Bar as a civil trial specialist, a certification held by less than 2% of all attorneys licensed to practice law in Florida.
Eric devotes his practice to representing plaintiffs who have suffered injury or death as a result of another person’s or corporation’s negligence.
As lead trial attorney, Eric has obtained over $100 million in jury verdicts for his clients in catastrophic injury and wrongful death cases. Eric has also co-chaired and served on trial teams obtaining combined jury verdicts in excess of $300 million. His verdicts have been featured extensively in the Daily Business Review, Courtroom View Network and other media outlets.
Eric began his legal career as a prosecutor at the Office of the State Attorney in Broward County, Florida, where he tried dozens of jury trials and countless bench trials to verdict. Mr. Rosen left public service to pursue his passion for helping people who have suffered due to someone else’s misconduct. Mr. Rosen then rose through the ranks to become a partner at a prominent South Florida personal injury and wrongful death firm. For over a decade, Eric dedicated his practice to catastrophic injury and wrongful death cases. After unparalleled success, Mr. Rosen pursued his dream of opening his own law firm and established Rosen Injury Law, P.A. As a Fort Lauderdale accident lawyer, he expanded his practice to not only include catastrophic injury and wrongful death cases, but to also help those who have suffered a range of injuries that may not be life threatening, but still result in serious pain, inconvenience and loss of enjoyment of life.
In addition to his law school education and his career in both public and private practice, Eric is also a graduate of the renowned Trial Lawyers College established by Gerry Spence; one of the country’s premiere trial schools. This is an intensive three-and-a-half-week trial skills program held in Dubois, Wyoming, by top litigators and trial instructors from around the country. While there, Eric immersed himself in new trial techniques for jury selection, opening statement, direct and cross examination, and closing arguments. He incorporates those skills to this day.
As a Fort Lauderdale injury lawyer, Eric has served on the faculty for the National Institute of Trial Advocacy where he has taught trial skills to lawyers from around the country. He also spends time teaching law students and high school students about personal injury practice, product liability, and trial practice.
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Tuesday Jun 22, 2021
Tuesday Jun 22, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Arash Homampour of The Homampour Law Firm (https://www.homampour.com/).
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Episode Details:
Award-winning California trial lawyer and The Homampour Law Firm founder Arash Homampour discusses how he successfully represented grieving widower Kenneth Shinedling and his three daughters after a defective space heater designed and manufactured by Sunbeam Products, Inc. started a fire that tragically killed Kenneth's wife and the girls' mother, Amy Shinedling. In the early morning hours of January 5, 2011, Kenneth woke up to a blazing fire in his bedroom, caused by a Holmes Sunbeam HQ307 radiant heater that did not shut off after heating up and igniting nearby clothing, starting the deadly blaze. Sunbeam failed to provide consumers with warnings about not using the heater while sleeping, per the Consumer Product Safety Commission's 2005 bulletin, and neglected to alert consumers that the advertised automatic safety feature would not shut-off the heater before it started a fire. In spite of the defense's attempts to blame Kenneth for not saving his wife's life, the Los Angeles, California jury found Sunbeam Products, Inc. guilty of negligent design as well as failure to warn. As a result of trial lawyer Arash Homampour's efforts, 80% of the responsibility for Amy Shinedling's wrongful death was assigned to Sunbeam. In a landmark jury verdict, Kenneth and his daughters were awarded $58,650,000 in damages.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Arash Homampour
Arash Homampour is a trial lawyer and founder of The Homampour Law Firm, a nine lawyer firm that represents individuals in catastrophic injury/wrongful death, employment and insurance bad faith matters throughout the State. The Homampour Law Firm is considered one of the top trial law firms in the State with record setting verdicts (twelve 8 figure and fifteen 7 figure verdicts) along with many outlier settlements.
In 2021, he was the 5th ranked lawyer in Southern California by Super Lawyers in all practice areas. He was previously named one of the top 30
Plaintiff lawyers in the State by the Los Angeles Daily Journal. He was the recipient of the Consumer Attorneys Association of Los Angeles 2018 Ted Horn Memorial Award, presented to the lawyer who has provided outstanding service to the Association and the legal community. He also received trial attorney of the year awards from the Consumer Attorneys Association of Los Angeles, the Orange County Trial Lawyers Association and the Ventura County Trial Lawyers the Association. In 2007, he was named one of the Top 20 Attorneys Under the Age of 40 by the Los Angeles Daily Journal.
Arash Homampour also handles appellate work, including successfully briefing and arguing before the California Supreme Court, and appears as a legal analyst on television. He gives back daily by teaching and helping other lawyers to be the best lawyer they can be. He also started a non-profit called There is a Light Foundation, that will give financial assistance and grants to individuals so they can get to the next level in their life.
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Tuesday Jun 15, 2021
Tuesday Jun 15, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Chuck Clay of Pratt Clay LLC (https://www.prattclay.com/).
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Episode Details:
Georgia Super Lawyer Chuck Clay of Pratt Clay LLC shares his experience -- from a record-breaking verdict to an overturn on appeal -- representing construction crane operator Tyler Lee after his left leg was crushed on the job, resulting in an above-the-knee amputation. In September 2013, an effort to free a stuck auger on a Houston, Texas construction site caused a lattice-boom crane to collapse. A piece of the collapsing crane struck Tyler and crushed his leg. Trial lawyer Chuck Clay and his team asserted that Berkel & Co. Contractors Inc. violated standard safety practices in an attempt to save time and money and neglected to ensure that the 21-year-old crane operator was qualified. In 2015, a Brazoria County, Texas jury found Berkel & Co. Contractors Inc. as well as the business that owned the crane, Maxim Crane Works L.P., negligent and awarded plaintiff Tyler Lee and his family a record $43,943,006 million verdict, including $8.5 million in punitive damages against Berkel & Co. Contractors Inc. In 2017, the verdict -- the largest single leg amputee verdict in history -- was overturned on appeal due to the Texas Workers Compensation Act. Listen as Chuck Clay shares what this case taught him about hedging his bets, choosing when to settle and much more.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Chuck Clay
Chuck Clay represents survivors of catastrophic injuries and the families of victims of fatal disasters and violent crimes.
He’s built a reputation for taking on cases with a narrow path to victory, overcoming complicated legal challenges, and boxing defendants into optimal settlement resolutions.
Always ready for a trial, Chuck has had jury trials across the country. The combination of personality, worth ethic, and fiercely competitive spirit is loved by clients and respected by nearly all. Chuck had record-setting jury awards in Georgia and Texas. As a zealous yet charismatic litigator, he has a knack for connecting with juries and communicating complex issues in plain language that produces extraordinary results.
Over the last several years, Chuck has accumulated an impressive string of multi-million dollar recoveries for victims and their spouses.
Chuck and his partner Bradley Pratt, enjoy a successful track record for handling complex product liability resolving complicated cases requiring highly specialized knowledge including product defect.
Before establishing a plaintiff’s firm in 2013, Chuck practiced corporate defense law for 14 years where he defended and mitigated hundreds of disputes on behalf of Fortune 500 companies, product manufacturers, insurers, and countless small firms and individuals.
Chuck has litigated cases in more than states, and he’s tried numerous multi-million dollar cases. Outside of his practice, Chuck is a frequent lecturer and author on topics such as distracted driving claims, handling catastrophic injury claims, dram shop liability, children’s products liability in Georgia and Nevada, jury trial strategy, deposition tactics and strategies, and premises liability claims.
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Tuesday Jun 08, 2021
Tuesday Jun 08, 2021
Tuesday Jun 01, 2021
Tuesday Jun 01, 2021
This week we're replaying a Great Trials Podcast classic episode that originally aired in January 2020 with guests William Applegate and Liam Duffy of Yarborough Applegate (https://www.yarboroughapplegate.com/).
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Case Details:
Yarborough Applegate attorneys William Applegate and Liam Duffy share how they secured the largest jury verdict in Colleton County, South Carolina history for the wrongful death of landscaper Jose Larios. While trimming palm trees on Edisto Island, South Carolina, Jose screamed in pain and fell from a 25-foot ladder. Further investigation revealed hidden power lines that shocked Jose, causing him to fall and suffer fatal injuries. In this wrongful death case where the defense disputed the cause of Jose’s injuries, the jury returned a verdict of $21 million in damages and assigned 90 percent of the responsibility to Dominion Energy South Carolina and 10 percent to Jose.
Click to Read/Download the Complete Trial Documents
Guest Bios:
William Applegate
William is a graduate of the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O'Neal Inn of Court. Following law school, he served as a law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina, before starting a private practice with Motley Rice, one of the largest plaintiff's firms in the country.
William has represented individuals and companies as plaintiffs throughout South Carolina and the U.S. and has achieved significant recoveries on their behalf. He has experience in a variety of different legal areas and has litigated cases covering a broad spectrum, ranging from Federal Employer's Liability Act relating to occupational disease and catastrophic injuries; Jones Act personal injury; Oil Pollution Act cases relating to oil spills from container ships and oil refineries; products liability relating to unsafe products and unsafe drugs; toxic spills from railroad companies; consumer fraud class actions; commercial litigation, as well as securities fraud, derivative, deal, and misrepresentation cases under the Securities and Exchange Act.
Liam Duffy
Liam is a Washington, D.C. native who has called Charleston home for more than a decade. He is a proud product of the College of Charleston and is a summa cum laude graduate of the Charleston School of Law.
While in law school, Liam earned several CALI awards (highest grade) and finished in the top five of his graduating class. He was champion of the school’s moot court competition and Symposium Editor of the Charleston Law Review, where he brought together the nation’s top legal and medical minds for a CLE program titled “Under Further Review: A Legal Look at the World of Sports.” He also served as an extern for The Honorable C. Weston Houck, U.S. District Judge for the District of South Carolina and was selected as a student member of the James L. Petigru Inn of Court.
Prior to joining Yarborough Applegate, Liam practiced with one of Charleston’s premier litigation firms, where he represented both plaintiffs and defendants in cases involving unfair trade practices, partnership, and LLC disputes, construction litigation, truck tire failure, products liability, e-Discovery, will contests, breach of contract, catastrophic personal injury, copyright infringement, and a litany of other high-stakes litigation. He has substantial first and second-chair trial experience in multi-million dollar cases and has handled all facets of complex litigation in state and federal courts.
At Yarborough Applegate, Liam draws on his varied experience to advocate for the victims (and families of victims) of catastrophic injuries, wrongful death, and other serious personal or business losses.
Liam is active in the South Carolina Bar Young Lawyers Division, where he has been recognized for his leadership as Representative for the 9th Judicial Circuit. He was also previously appointed to serve as Chair of the ABA Young Lawyers Division’s Law Practice Management Committee. Liam is a member of the South Carolina Bar House of Delegates and Vice President of the Charleston Lawyers Club. Through these activities, he is actively involved with Special Olympics South Carolina, Make-A-Wish® South Carolina, and other community organizations.
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Tuesday May 25, 2021
Tuesday May 25, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Craig Milsten of John Martin of KJC Law Firm (https://www.kjclawfirm.com/).
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Episode Details:
Accomplished Massachusetts trial lawyer John Martin of KJC Law Firm discusses how he secured justice for paving contractor Brian Goodrich, who was tragically crushed by a Cimline MAGMA 110 Asphalt Melter/Applicator after a jack slipped, causing permanent, life-altering injuries. In April 2013, Brian used a jack to raise the asphalt melter, so he could perform required routine maintenance on the engine oil plug. The jack did not hold the asphalt melter in place, and the machine fell on top of Brian, crushing his skull. Today, Brian suffers from permanent disfigurement, blindness in one eye, and a significant loss of cognitive function, requiring round-the-clock care. Despite the fact that Garlock Equipment Company, Inc. and Cimline did not manufacture the jack that failed and evidence suggesting Brian was using marijuana while operating the machinery, trial lawyer John Martin convinced the jury that Garlock Equipment Company, Inc. and Cimline, Inc. did not provide the instructions and warnings the manufacturers of the jack intended to be given to consumers. In 2018, a Massachusetts District Court jury found Garlock Equipment Company, Inc. and Cimline, Inc. negligent and awarded Brian, his wife, and two daughters an $11,618,700 verdict.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
John Martin
John T. Martin is a Partner at the KJC Law Firm, and he is proud to be a trial attorney who fights against powerful corporate and government interests on behalf of ordinary people. John represents clients who have been accused of criminal conduct, some of whom are innocent and others who have just made a bad decision. John also represents clients in civil cases, including those who have suffered personal injuries in a car crash, at the hands of a drunk driver, a doctor, a nurse, tripped and fell in a grocery store, or were mistreated at work because of their race, gender, religion or sexual orientation.
Top 100 BadgeJohn has won cases in front of juries and judges all across the Commonwealth and has been the lead attorney on some of the most high-profile criminal and civil cases in recent Massachusetts history. In his first civil jury trial when he was about two years out of law school, John achieved the highest award allowed by law for punitive damages in the United States Federal Court. John obtained the fourth largest verdict in New England for the year 2018 and his jury verdicts in sexual harassment cases have gained nationwide attention. John has also helped to mediate and settle many cases, including multiple confidential million-dollar settlements for personal injury cases, insurance bad faith, and discrimination at work. In recent years, John has been contacted by attorneys around the country to consult on cases in other states to help victims seek justice and is currently working on cases in several other states including Rhode Island, Utah, Illinois, Connecticut, and New York.
John argued successfully for the dismissal of claims against the first individual whose drug test was found to have been falsified by Annie Dookhan in the Massachusetts Drug lab scandal and received national notoriety thereafter when he successfully convinced courts across the Commonwealth to release prisoners who had been convicted based on similar false drug tests. John was featured on multiple local and national news programs.
John graduated from Suffolk University Law School with honors and was the New England Champion of the National Trial Competition, the nation's most prestigious mock trial competition, for two consecutive years. Prior to law school, John graduated from Saint John's High School in Shrewsbury Massachusetts, and from Nichols College where he obtained highest honors and was inducted into the Delta Mu Delta honor society. John is the parent of a disabled child and is particularly interested in advocating on behalf of other disabled children and their families.
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Tuesday May 18, 2021
Tuesday May 18, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Craig Milsten of KBG Injury Law (https://resultsyoudeserve.com/).
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Episode Details:
Million Dollar Advocates Forum member Craig Milsten of KBG Injury Law shares how he successfully represented an elderly man with limited vision who was blinded due to a fall on an unmarked step at a shopping center in York County, Pennsylvania. On July 3, 2012, William Waite, a U.S. Army veteran and retired president of an architectural products company with vision in only his left eye, tripped and fell face-first over a single step in the sidewalk at a shopping center owned by Argento Family Partnership. After the fall, William was immediately blinded in his one good eye and has been unable to see ever since, despite undergoing four surgeries, including a corneal transplant. Despite the fact that the primary defendant John Argento is an award-winning civil defense litigator, trial lawyer Craig Milsten secured justice on his client's behalf, citing experts and pointing out to the jury how much money John Argento was willing to spend on legal fees, but not the nominal fee it would have cost to paint the step a different color or to display a warning sign for customers. In March 2017, a York County, Pennsylvania jury found Argento Family Partnership negligent after less than an hour of deliberations and awarded $4,035,329.11 in damages to William in one of the largest personal injury verdicts in York County history.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Craig Milsten
Craig Milsten is an experienced trial attorney with numerous courtroom victories in both state and federal courts, including one of the largest personal injury verdicts in York County history. He is an AV-Preeminent rated attorney by his peers and has been awarded the Client Service award from Martindale-Hubbell in recognition of a record of excellent client satisfaction. He specializes in personal injury cases including automobile accidents, slip and fall injuries and wrongful death as well as nursing home negligence and insurance bad faith cases.
He is admitted to practice before the Supreme Court of the United States of America, the United States District Courts for the Middle and Eastern Districts of Pennsylvania, the Pennsylvania Supreme Court and the York County Court of Common Pleas. He has handled cases across seven counties in Pennsylvania. He has been admitted to the Million Dollar Advocates Forum, a prestigious forum reserved only for attorneys who have obtained civil verdicts or settlements in excess of one million dollars. He is a member of the Pennsylvania Bar Association and has held numerous leadership positions within the York County Bar Association. He also maintains membership in the Pennsylvania Association for Justice.
Craig is a York County native with degrees from The American University in Washington, DC and the University of Pittsburgh School of Law. He began his legal career as an Assistant District Attorney in York County, prosecuting numerous criminal cases and gaining extensive courtroom and jury trial experience. He also practiced insurance defense law and commercial litigation prior to joining the team at KBG Injury Law, gaining valuable insight into the processes used by insurance companies to defend personal injury cases.
Craig is an active volunteer in the community having held positions on numerous boards of non-profit organizations. He chaired the steering committee of the York Health Foundation’s Double Creek cycling and running event for eleven years during which time the event raised more than a half a million dollars to benefit the Healthy Community Pharmacy. He is a past-President of the Board of Trustees of the York Jewish Community Center during which time he oversaw the JCC’s $5 Million capital campaign to expand its childcare, early childhood education and wellness capacities.
Prior to going to law school, Craig was a sportswriter for the Washington Post. During his days at law school in Pittsburgh, he covered stories of national interest involving the Pittsburgh Steelers, Pittsburgh Pirates and Pittsburgh Penguins. He lives in York with his wife and two children.
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Tuesday May 11, 2021
Tuesday May 11, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview "Mickey" Mixson of Bondurant Mixson & Elmore LLP (https://www.bmelaw.com/).
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Episode Details:
Accomplished business torts lawyer H. Lamar "Mickey" Mixson of Bondurant Mixson & Elmore LLP discusses how he secured justice for Texas businessman David McDavid after his binding agreement to purchase 85% of the Turner Broadcasting System (TBS) interest in the NBA's Atlanta Hawks, the NHL's Atlanta Thrashers and the operating rights to Philips Arena (now State Farm Arena) in Atlanta failed due to breach of contract. On April 30, 2003, David and the David McDavid Group signed a letter of intent with TBS and reached an agreement three months later. Following the passing vote by the Board of Directors, the TBS chief negotiator breached his obligations to David and began secret discussions with Atlanta Spirit LLC, which was led by TBS principal Ted Turner's son-in-law and the son of a long-time Atlanta Hawks board member. A press conference was scheduled to publicly announce the sale to David until he was notified that an agreement had been reached with Atlanta Spirit LLC instead. In spite of the defense's claims that the signed letter of intent contained a 45-day exclusive negotiation period and that Turner could only be bound by a signed written agreement -- not an oral agreement -- the Fulton County, Georgia jury unanimously found for David on the breach of contract and promissory estoppel. Trial lawyer Mickey Mixson secured a $281 million verdict for David, resulting in the largest compensatory damage award in Georgia history and one of the nation's 10 largest verdicts of 2008.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Lamar "Mickey" Mixson
Mickey Mixson represents individuals and corporations in a wide variety of business disputes. He has successfully presented hundreds of complex commercial disputes to juries, arbitration panels and judges, gaining a reputation for success with cases considered “unwinnable” by others.
Mickey’s areas of focus include business torts, corporate governance, partnership and fiduciary disputes, insurance coverage and bad faith litigation, attorney and accountant liability, RICO, tender offers, and proxy and securities litigation. In recent years, he has recovered awards and settlements for clients totaling well over $2 billion. He has an equally successful record on the defense side, having obtained summary judgments, dismissals and defense verdicts for numerous major claims.
Mickey is a Fellow of the American College of Trial Lawyers, a Fellow in the International Academy of Trial Lawyers, and recognized by Chambers USA and Chambers Global as one of the highest-ranking trial lawyers in the United States, and among the top commercial litigators in Georgia. According to Chambers, he is a "creative and diligent trial lawyer" with "a superb touch with juries" and "has a fantastic record of success in complex commercial disputes and comes highly regarded for his work in business torts, corporate governance and fiduciary disputes." The most recent version of Chambers USA described him as "one hell of a lawyer."
Mickey is a frequent lecturer, and has published numerous articles on trial practice and business litigation issues such as the effective use of experts, presenting persuasive opening and closing arguments and the ACC Value Challenge. He is currently president of the Atlanta chapter of the International Network of Boutique Law Firms.
REPRESENTATIVE WORK
Co-counsel for the plaintiffs, Six Flags Over Georgia, in a breach of fiduciary duty case against Time Warner Entertainment which resulted in a $454 million jury verdict, the largest verdict ever awarded in Georgia (a verdict which was affirmed on appeal and paid in full).
Lead counsel representing David McDavid in obtaining a $281 million jury verdict against Turner Broadcasting System (TBS) for breaching an agreement to sell McDavid the Atlanta Hawks, the Atlanta Thrashers and the operating rights to Philips Arena.
Affirmed in full on appeal, the jury verdict is the largest compensatory damage award in Georgia history.
Lead counsel for the plaintiff class in Abdallah v. Coca-Cola Co., the largest private class action racial discrimination settlement in history, which settled for $192.5 million.
Achieved a settlement in a contract dispute case between a leading transportation company and a major supplier, resulting in $200+ million recovery for our client.
Represented several groups of individuals asserting related professional liability claims involving tax shelters, recovering more than $350 million through a combination of settlements and awards.
Successfully defended a major regional accounting firm from professional malpractice, fraud and RICO claims, winning summary judgment on all counts.
Successfully defended Farley Industries in a dissenters’ rights case before the Georgia Supreme Court, a decision of first impression which has become the seminal case on dissenters’ rights in Georgia.
Represented one of the largest real estate developers in the United States in the withdrawal of a major regional partner from hundreds of partnerships, including coordinating and successfully concluding simultaneous litigation in multiple forums.
Represented Novelis Corporation in a contract dispute with the consortium representing Coca Cola bottlers. Novelis, the world's leading producer of aluminum rolled products, supplies aluminum can sheets to Coke, which alleged that Novelis had violated the terms of their supply agreement's most favored nation provision. After three years of discovery and proceedings, the Superior Court in Fulton County, Georgia, granted summary judgment in favor of Novelis.
Successfully defended a major airline client in an international arbitration proceeding, recovering more than $40 million on its counterclaims.
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Tuesday May 04, 2021
Tuesday May 04, 2021
This week, your hosts Steve Lowry and Yvonne Godfrey interview Robert Mongeluzzi of Saltz Mongeluzzi & Bendesky (https://www.smbb.com/).
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Episode Details:
Trial Lawyer Hall of Fame inductee Robert Mongeluzzi of Saltz Mongeluzzi & Bendesky shares how he successfully represented the families of nine customers and employees who were killed or seriously injured in the collapse of a Salvation Army Thrift Store in Philadelphia on June 5, 2013. Nearly two weeks before the collapse of an unsupported four-story brick masonry structure onto the one-story store, Salvation Army officials were warned about the risks posed to the Thrift Store due to the ongoing demolition of neighboring properties. The Salvation Army chose to ignore the warnings and failed to notify customers or employees of the danger, resulting in seven fatalities and numerous injuries. After a high-profile 15-week trial, Robert Mongeluzzi convinced the Philadelphia jury that this was no accident, securing a liability verdict, with 75% of the liability for the customers assigned to the Salvation Army and the liability for the employees divided among property owner Richard Basciano, the architect and other parties. Following the liability verdict, Robert Mongeluzzi settled the case for $227 million in the damages phase.
Click Here to Read/Download the Complete Trial Documents
Guest Bio:
Robert J. Mongeluzzi
Robert J. Mongeluzzi is one of the finest trial lawyers in America. He has the largest personal injury verdict affirmed on appeal in Pennsylvania history, the largest individual personal injury settlement in Pennsylvania history, the largest multi-plaintiff personal injury settlement in Pennsylvania history, the largest workplace injury verdict in Pennsylvania history, the largest verdict in a motor vehicle accident in Pennsylvania history and the largest dram shop verdict in Pennsylvania history. He has the largest settlement of a construction case in American history. He was one of the lead plaintiffs attorneys in the largest settlement of a railroad accident case in American history. He has the largest verdict for a construction worker in American history. He has the largest wrongful death settlement in Philadelphia County history. He has the largest settlement in Lehigh County history. He has handled six cases with verdicts or settlements of $100 million or more. He has had more than 400 verdicts and settlements in excess of a million dollars. He was inducted into the National Trial Lawyers Hall of Fame in 2018, was awarded the Legal Intelligencer Lifetime Achievement Award in 2017 and was the Philadelphia Trial Lawyers 2019 Michael A. Musmanno Award honoree.
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