Welcome to the Fall '08 edition of Freidin Dobrinsky News & Updates
We will send this information 4 to 6 times per year, containing updates on our practice and news on a variety of legal topics.
In this issue:
- Recent Settlement Received for Motorcycle Accident Victim in Excess of $1 million
- Freidin • Dobrinsky Obtains Court Approval for $4 Million Yahoo! Class Action Settlement
- Freidin • Dobrinsky Settles a Wrongful Death/Medical Malpractice Claim
- Firm News: Partners Philip Freidin and Manuel L. Dobrinsky listed in the 2009 edition of the Best Lawyers in America
- Freidin • Dobrinsky is Proud to Announce its New Associate, Eric Bluestein
- Freidin • Dobrinsky to Host Collier County Bar Judicial Appreciation Reception on October 30th at the Inn on Fifth in Naples
- Freidin • Dobrinsky Announces Formation of its Complex Business/ Commercial Litigation Practice Group
SUCCESS IN A RECENT PERSONAL INJURY CASE
FREIDIN • DOBRINSKY RECEIVES SETTLEMENT FOR MOTORCYCLE ACCIDENT VICTIM IN EXCESS OF $1 MILLION
In Florida, motorcycle riders are not required to wear a helmet so long as they have the proper insurance endorsement. This is based on Florida Statutes § 316.211(3)(b). Thus, there is a very strong argument that a jury will not be allowed to hear that a person injured in a motorcycle accident was not wearing a helmet. Although there is no case in Florida which directly addresses this issue, courts in at least five other states have held that the non-use of a motorcycle helmet as not admissible, if the state's laws do not require a motorcycle rider to use a helmet.
Furthermore, a defendant must first establish that a helmet would have prevented the injuries. Studies show that motorcycle helmets help prevent injuries in accidents where the impact speeds are less than 25 mph. Although it may seem obvious that the use of motorcycle helmets prevent severe brain injuries as well as death, their effectiveness is less clear in higher speed accidents.
Recently, we obtained a settlement in excess of a million dollars for a driver of a motorcycle who was injured when his motorcycle was cut-off by a van attempting to cut in front of him to make a left turn. We believe that it was our research on this subject that ultimately convinced the defendant to settle this case. It goes without saying that helmets will help prevent devastating injuries and death. However, if you are a victim of an accident in which you were not wearing a helmet, there are many arguments that can be made to ensure that you get the best settlement possible or to increase your chances of winning at trial.
To contact attorney Manuel L. Dobrinsky via email: mdobrinsky@fdlaw.net
SUCCESS IN A RECENT NATIONWIDE CLASS ACTION SUIT
FREIDIN • DOBRINSKY OBTAINS COURT APPROVAL FOR $4 MILLION YAHOO! CLASS ACTION SETTLEMENT
On September 17, 2008, United States District Court Judge Ronald M. Whyte in the Northern District of California approved a proposed class action settlement in the case of Robert Anthony v. Yahoo!, Inc., Case No. C-05-04175 RMW. Attorneys at Freidin • Dobrinsky, along with local co-counsel, served as lead counsel for the Class.
Plaintiff, Robert Anthony, alleged, among other things, that Yahoo!'s online dating service known as "Yahoo! Personals" contained fake and fraudulent profiles, that Yahoo! was aware of the existence of such profiles and that Yahoo! intentionally forwarded such profiles to its subscribers to keep them as paying members of the service. Yahoo! denied all of the Plaintiff's allegations and the case was vigorously litigated.
The parties reached a settlement. The terms of the settlement include:
- Yahoo! agreed to create a $4 million Common Fund from which subscribers who timely submitted Claim Forms would receive compensation; and
- Yahoo! agreed to implement and continue various changes to its online dating site which will enhance its security measures and provide more information about the site to its subscribers
As of August 26, 2008, over 31,000 subscribers timely submitted Claim Forms for compensation. "We believe the settlement is fair and reasonable. We are very pleased that, in addition to the payment of monetary compensation to eligible members of the Class, changes will be made to the site to minimize or eliminate these issues in the future," said Randy Rosenblum, a partner at Freidin • Dobrinsky. The full Settlement Agreement, as well as other information relating to the settlement, may be reviewed at www.AnthonySettlement.com.
To contact attorney Randy Rosenblum via email: rrosenblum@fdlaw.net
FREIDIN • DOBRINSKY CONFIDENTIALLY SETTLES A WRONGFUL DEATH/MEDICAL MALPRACTICE CLAIM
Freidin • Dobrinsky, confidentially settled a wrongful death/medical malpractice claim brought on behalf of the children of our client who was given a lethal dosage of the wrong medication at a Florida hospital. This was a tragic case where the children's mother went to the emergency room complaining of stomach cramps. The emergency room physician prescribed Pepcid AC, a commonly prescribed medication for stomach cramps. However, instead of being given the Pepcid AC as prescribed by the emergency room physician, a hospital nurse gave the mother a lethal dosage of Pancuronium Bromide/Pavulon, a drug that is typically used to carry out the lethal injection in the State of Florida. After being given the Pancuronium Bromide/Pavulon, our client went into cardiac arrest and she died a short time later.
We were able to obtain a quick resolution of this case, helping the family bring closure to this very tragic and sad case.
NEWS FROM THE FIRM
Partners Philip Freidin and Manuel L. Dobrinsky of Freidin • Dobrinsky Listed in the 2009 Edition of The Best Lawyers in America
Partners Philip Freidin and Manuel L. Dobrinsky will be included in the 2009 edition of The Best Lawyers in America in the specialty of Personal Injury Litigation. Selection to Best Lawyers is based on a peer-review survey comprising more than 2.5 million confidential evaluations by the top attorneys in the country. The annual publication is considered "the most respected referral list of attorneys in practice."
"Freidin • Dobrinsky is Proud to Announce its New Associate, Eric Bluestein"
Eric Bluestein joined the firm as an associate in September 2008 and will concentrate his practice in the areas of plaintiffs' personal injury and commercial civil litigation. Prior to joining Freidin • Dobrinsky, Eric clerked at the civil appeals law firm of Ross & Girten, P.A. in Miami while still in law school. There, he summarized trial transcripts, researched case law for motions and for appellate briefs, and drafted portions of motions and appellate briefs. In 2006, Eric worked as a law clerk for the criminal defense law firm of Weiner & Ratzan, P.A., in Miami where he drafted motions, interviewed clients and witnesses, assisted in the direction of investigations, researched case law for motions and for speeches, summarized depositions, and organized and summarized discovery.
Eric received his juris doctorate from the University of Miami School of Law in Coral Gables, where he graduated cum laude. While at the University of Miami, Eric received the CALI Excellence For The Future Award for having the highest grade in his Fourth Amendment Seminar class, and also the American Society of Law, Medicine & Ethics Award for finishing at the top of his Law & Medicine class. He received his undergraduate degree from Muhlenberg College in Allentown, Pennsylvania, where he majored in English and minored in Business Administration. During his senior year at Muhlenberg, Eric was named to the "Who's Who Among Students In American Universities & Colleges."
To contact attorney Eric Bluestein via email: ebluestein@fdlaw.com
"Freidin • Dobrinsky to Host Collier County Bar Judicial Appreciation Reception"
Please join us on October 30th at the Inn on Fifth in Naples from 5:30 pm. - 7:30 pm. for a reception honoring the Judiciary of the Collier County which we are hosting in conjunction with the Collier County Bar Association. To RSVP please contact Maria Delange at mdelange@fdlaw.net.
"Freidin • Dobrinsky Announces Formation of its Complex Business / Commercial Litigation Practice Group"
Freidin • Dobrinsky is proud to announce the formation of its complex business/commercial litigation practice group. With over eighty years of collective litigation experience and more than 250 fiercely contested trials, the five lawyers at Freidin • Dobrinsky stand ready to represent businesses in court should the need arise. Our experience as trial lawyers, in both the civil and criminal arenas, especially qualify us to make the bold, hard, strategic decisions that business litigation requires. We will thoroughly assess your case and if we think you should settle we will tell you immediately. If we feel you have a case we will fight for you in a cost effective way as only plaintiff lawyers can do. We are disciplined in doing what is necessary to win in the most efficient way. Our complex business litigation/commercial litigation practice group is prepared to handle all phases of litigation, from inception through appeal. We are poised to make complex business and commercial litigation a primary practice area and pleased to offer these services to existing and prospective clients as well as referral lawyers.
