Author Info for Tyson & Mendes LLP

Melissa Alessi

Trial Prep: Expectation vs. Reality

When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in… more

Defense Strategies, Depositions, Evidence, Expert Testimony, Jury Selection

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John Anselmo

“Real Housewives” Gets a Reality Check

Caroline Manzo, a former real cast member of The Real Housewives of New Jersey, has sued Bravo, Forest Productions Inc., Warner Brothers Entertainment, NBC Universal Media, Shed Media US, and Peacock TV. As Ms. Manzo alleges,… more

Civil Rights Act, Corrective Actions, Hostile Environment, Liability, Negligence

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Debra Avenmarg

Don’t Go Nuclear! Six “Secrets” to Stopping Nuclear Verdicts®

What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head… more

Damages, Jury Awards, Jury Trial, Jury Verdicts, Litigation Strategies

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Kristi Blackwell

No Tort Liability for Insurer Underpayment of Hospital Bills

On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.” This… more

Emergency Medical Services (EMS), Fair Market Value, Health Care Providers, Health Insurance, Healthcare Costs

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Keith Bostwick

New Jersey Nightclub Cleared from College Teen’s Fatal Accident

After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated… more

Alcohol Beverage Control, Bodily Injury, Civil Liability, Dismissals, Dram Shop Laws

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Betsy Brown Burgess

Taming the Wolf: Florida’s Fifth DCA Holds the Line on Tort Reform

The Florida Fifth District Court of Appeal recently issued a significant decision in Wolf v. Williams, clarifying that a critical aspect of Florida’s momentous tort reform effort, Section 768.0427, is not retroactive. This… more

Appeals, Bodily Injury, Car Accident, Damages, Evidence

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David Cruz

Strategic Anchoring: Using Cognitive Bias to Win Negotiations

In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated advantage… more

Attorney's Fees, Business Litigation, Dispute Resolution, Florida, Litigation Strategies

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Lara DiCristina

Navigating The Claims Seas: What Insurance Defense Attorneys Wish Claims Professionals Knew

In the vast ocean of insurance claims, navigating the turbulent waters can be challenging for both claims professionals and insurance defense attorneys. To ensure smooth sailing, it is crucial for claims professionals to… more

Claims Adjusters, Collaboration, Documentation, Duty to Defend, Insurance Claims

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Michael Drews

Are Employer-Mandated Vaccines the Future? New York State Bar Association Says Yes

On August 27th, the New York State Bar Association’s Emergency Task Force on Mandatory Vaccination and Safeguarding the Public’s Health (“Task Force”) released a report detailing its discussions on the COVID-19 vaccine. Among… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Infectious Diseases, State Bar Associations

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Samantha Epstein

Laughing Gas Is No Laughing Matter: New Lawsuit May Impose Strict Liability on Nitrous Oxide Manufacturers for Marketing Practices

Laughing gas may make you giggle, but the legal implications are no joke. As courts begin to scrutinize the marketing of nitrous oxide, a substance long associated with harmless fun, a new lawsuit is forcing manufacturers to… more

Class Action, Consumer Product Companies, Failure To Warn, False Advertising, Fraudulent Marketing

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Daniel Fallon

What to Watch Out For: Plaintiffs Can Recover for Decedents’ Pain and Suffering

Throughout California and the United States, there is a rising trend of Nuclear Verdicts™, defined as jury verdicts in excess of $10 million or that are wildly disproportionate to the injuries in the case. A new Senate Bill… more

Damages, Defense Strategies, Jury Awards, Jury Verdicts, Litigation Strategies

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Ashley Paige Fetyko

Privacy vs. Relevance: How Deep Can Discovery Go in Colorado Lien Cases?

Jina Garcia found herself entangled in a legal battle with Centura Health Corp. after receiving medical treatment and subsequently facing a lien on any potential settlement or judgment in In Re Garcia v. Centura Health Corp. The… more

Appeals, Class Action, CO Supreme Court, Colorado, Discovery Disputes

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Joleene Flores

California Civil Procedure Code Section 998 – A Means to an End

On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant served… more

Appeals, Arbitration, Attorney's Fees, Cal Code of Civil Procedure, Compensation

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Erin Fordham

Nuclear Verdicts® and Nuclear Teenagers

I am a single, primary parent to three fabulous daughters: two pre-teens, and one full-blown teenager. Most of the time I’m proud of this title and everything I accomplish for my kids. But as other parents who have survived the… more

Defense Strategies, Litigation Strategies, Professional Development

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Samuel Frasher

It Ends with Lawsuits for Hollywood Co-Stars

A series of lawsuits between Blake Lively and Justin Baldoni, stars of the 2024 blockbuster movie It Ends With Us, have captivated both the public and the legal community in recent months. The legal battle presents conflicting… more

California, Celebrities, Defamation, Employment Discrimination, Employment Litigation

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Jonathan Hack

Civil Procedure Updates to Know in New York for 2025

In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the… more

Appellate Courts, Billing, Child Abuse, CPLR, Discovery

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Leslie Harrach

Arizona Business Owners Owe a Duty of Reasonable Safety to Invitees, Unreasonably Dangerous Condition or Not

The Arizona Supreme Court in a recent opinion held store owners owe a duty to business invitees regardless of whether there was a dangerous condition. In determining whether a duty was owed to a plaintiff business invitee, the… more

Appeals, AZ Supreme Court, Commercial Property Owners, Duty of Care, Litigation Strategies

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Harry Harrison

“Use It or Lose It” No More – Colorado Supreme Court Weighs in on Employee’s Rights to Compensation for Accrued Vacation Pay

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, Inc., which provided clarification to Colorado employers and employees on the concept of “use it or lose it”… more

CO Supreme Court, Employee Benefits, Employee Handbooks, Employer Liability Issues, Employment Policies

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Lauren Holappa

NO WAY, PRO SE! The Consequences of Abusing the Judicial System as a Pro Se Litigant in Colorado

Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al. v… more

Abuse of Process, Attorney Disbarrment, Attorney's Fees, CO Supreme Court, Ethics

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E. Holland Howanitz

Be Bold, Be Bright, but Be Brief…

In an age of 15 second internet reels, fast paced communications, constant online conversations, and “texting culture,” brevity is more important than ever for trial attorneys. At Tyson & Mendes, one of our trial goals is to… more

Closing Arguments, Cross Examination, Direct Examination, Expert Testimony, Jury Selection

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Catheryne Jenkins

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and crashed… more

Appeals, Bodily Injury, Car Accident, Negligence, Proximate Cause

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Gordon Klug

Environmental Friendly Class Action Against Maker of Gore-Tex Based on Speculation

In February 2025, three law firms from Seattle, Minnesota, and New York boldly filed a Class Action Lawsuit against W. L. Gore & Associates, the manufacturer of the well-known rainproof product “Gore-Tex.” The lawsuit, submitted… more

Class Action, Consumer Protection Laws, Environmental Litigation, False Advertising, Greenwashing

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Maria Regina Kupillas

My Path to Partner

I grew up in a home where my father was an insurance defense attorney, my brother was a real estate lawyer, and my sister was a certified paralegal. As such, I was exposed to law from a young age. By age ten, my father would… more

Business Development, Career Development, Firm Leadership, Law Firm Partners, Professional Development

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Natasha Langenfeld

California: Key Laws and Regulations to Watch in 2025

California’s largest insurance reform in over 30 years is being implemented through regulations passed by the Department of Insurance’s Sustainable Insurance Strategy (“SIS”). These changes address insurance availability and… more

Auto Insurance, California, Department of Insurance, Insurance Industry, Insurance Regulations

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Cayce Lynch

“Thinking Out Loud” About Ed Sheeran’s Use of The Nuclear Verdict Defense Methods

Ed Sheeran is one of the most popular musicians of all time: 23 of his songs have gone multiplatinum, he is a four-time Grammy award winner, he reportedly holds the title for the highest-grossing tour of all time (though he may… more

Common Sense Exception, Copyright, Copyright Infringement, Jury Verdicts, Litigation Strategies

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Sam Manning

Privacy vs. Relevance: How Deep Can Discovery Go in Colorado Lien Cases?

Jina Garcia found herself entangled in a legal battle with Centura Health Corp. after receiving medical treatment and subsequently facing a lien on any potential settlement or judgment in In Re Garcia v. Centura Health Corp. The… more

Appeals, Class Action, CO Supreme Court, Colorado, Discovery Disputes

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Gregory Mase

“Real Housewives” Gets a Reality Check

Caroline Manzo, a former real cast member of The Real Housewives of New Jersey, has sued Bravo, Forest Productions Inc., Warner Brothers Entertainment, NBC Universal Media, Shed Media US, and Peacock TV. As Ms. Manzo alleges,… more

Civil Rights Act, Corrective Actions, Hostile Environment, Liability, Negligence

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Aika Nelson

Power of Persuasion

I remember my first court appearance as young female attorney at Queens County Supreme Court, in New York. I had to argue what I considered a losing motion in front of a judge who was not easily persuaded… more

Career Development, Client Services, Leadership, Litigation Strategies, Negotiations

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Jocelyne Peregoy

BEWARE: Nuclear Verdicts® Are Taking Over Pennsylvania!

Philadelphia is famously known for Rocky, soft pretzels, and infamously, for snowballing Santa Claus , but it is now becoming notable for Nuclear Verdicts®. In 2023, the five highest jury verdicts in Pennsylvania were awarded… more

Damages, Jury Awards, Jury Verdicts, Pennsylvania

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Scott Ruksakiati

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and crashed… more

Appeals, Bodily Injury, Car Accident, Negligence, Proximate Cause

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Grace Shuman

The Covid-19 Naughty or Nice Coverage List

At the start of each new year, we are offered the chance to reflect on everything we did throughout the previous year, as well as all we learned. In 2023, a plethora of coverage opinions, published and unpublished, were… more

Business Interruption, Coronavirus/COVID-19, Insurance Industry, Loss Coverage, Property Damage

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Herrittaccei Shabazz-Starr

Not So Peachy Lately: Georgia Attacking Nuclear Verdicts® with New Tort Reform Laws

On January 30, 2025, Governor Brian Kemp, joined by other elected officials and Georgia industry leaders, released his tort reform package in an effort to crack down on Nuclear Verdicts®. An ever-rising number of Nuclear… more

Attorney's Fees, Georgia, Insurance Regulations, Jury Verdicts, Liability Insurance

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Robert Tyson

Inaugural Nuclear Verdicts Defense Institute Announced: First and Only Trial Academy for Civil Defense Attorneys Set for June 23-26 in San Diego

SAN DIEGO (March 14, 2022) – The inaugural Nuclear Verdicts Defense Institute will take place June 23-26, 2022, in San Diego, led by an esteemed faculty of legal defense experts, including top trial attorneys, a specialist in… more

Best Practices, Defense Strategies, Jury Awards, Jury Selection, Jury Trial

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Andrew Williams

Shining Light on Phantom Medical Bills–Lessons from Washington on Using Federal Hospital Price Transparency Rules to Fight Back

How many of you reading this have had this experience: you get a settlement demand with hundreds of thousands of dollars in claimed hospital bills, but the actual amount owed by the claimant is redacted, or you are told by the… more

Contract Terms, Expert Testimony, Health Care Providers, Hospitals, Insurance Industry

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Marc Wisehart

But I Didn’t Mean to Do It …

As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making the… more

Breach of Contract, Commercial General Liability Policies, Construction Disputes, Declaratory Judgments, Duty to Defend

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Sara Woods

Audish v. Macias Builds Upon the Foundation Started in Howell v. Hamilton Meats & Provision, Inc.

Earlier this year, the Fourth District Court of Appeal decided Audish v. Macias. This groundbreaking case builds upon the foundation started in Howell v. Hamilton Meats & Provision, Inc. by clarifying the application of the… more

Appeals, Bodily Injury, Collateral Source Rule, Evidence, Future Expenses

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Isabella Wynn

Calculating Past Medicals in California

The Third District Court of Appeal in California recently addressed the standard in proving the reasonableness of charges for past medical services within the context of the Hospital Lien Act’s definition of emergency and… more

Appeals, Bodily Injury, California, Damages, Healthcare

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Maria Zurmati

Barking Up the Wrong Policy

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the… more

Appeals, Bodily Injury, Breach of Contract, Cause of Action Accrual, Common Law Claims

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