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The Class Action Fairness Act
The Class Action Fairness Act was enacted by Congress and signed into
law by President Bush on February 18, 2005, and it may already affect you
and/or your company. Perhaps you are unknowingly a member of a class
action lawsuit. Maybe you have already had the interesting experience of
receiving a postcard or letter stating that you or your business are
involuntarily a member of a class action lawsuit. Possibly you have
received a check for a small amount of money, perhaps just a few dollars
or less, for your share of a class action lawsuit you knew nothing about.
Or, perhaps your business has been sued in a class action lawsuit. If any
of these scenarios has happened to you, or if any of these scenarios occur
in the future, you should be aware of the Class Action Fairness Act.
The Class Action Fairness Act was the first federal law enacted in 2005
and is designed to correct abuses of past class action procedures by
making it easier for defendants in class actions to remove multistate
cases to federal court. Congress reformed class action procedures that
have historically allowed a small number of plaintiffs to represent large
numbers of people in lawsuits, often against insurance companies and large
businesses, without prior notice to all the people represented by the
class. These procedures often resulted in lawsuits which provided millions
of dollars in fees to class action plaintiffs lawyers with little or no
benefit to the class members. These procedures also often resulted in
unjustified awards to some class members at the expense of other class
members. As a result, Congress concluded that abuses of the class action
system harmed class members with legitimate claims, adversely affected
interstate commerce, unfairly harmed out-of-state defendants, and
undermined the national judicial system.
For more information on the Class Action Fairness Act, please refer to
Strasburger's April 2005 Business & Law
Newsletter or contact any member of the firm's
personal injury team.
Recent Personal Injury Trial Victories
- On April 21, 2005, Strasburger obtained a complete defense verdict
in the 14th District Court of Dallas County before Judge Mary Murphy.
This medical malpractice case was filed by a 69 year-old patient who
underwent surgery, chemotherapy, and radiation treatment for breast
cancer. During the two week jury trial, Strasburger represented a
radiologist and radiology practice group with regard to allegations of
failing to timely diagnose and treat breast cancer. Dallas attorneys
Joe Turano and
Paul Sheldon handled the
matter for the firm.
- On March 14, 2005, Strasburger obtained a complete jury verdict for
an employer and its parent company in a wrongful death/employer
liability suit arising out of a private plane crash. The decedent was in
the course and scope of his employment. The 16-day jury trial took place
before Judge Merrill Hartman, in the 192nd District Court of Dallas
County, and Larry Friedman was the opposing counsel. Dallas attorney
David Kitner and Collin County
attorney Scott Shanes handled
the matter for the firm.
- On March 1, 2005, Strasburger obtained a complete defense verdict in
the 348th District Court of Tarrant County in a medical malpractice case
filed by a diabetic patient who suffered from permanent blindness and
renal failure that resulted in two years of dialysis and ultimately, a
kidney transplant. During the two week jury trial, Strasburger
represented two family practice physicians and a family practice
medicine clinic with regard to allegations of failing to properly
diagnose and treat a patient’s diabetes. Dallas attorneys
Brian Hamilton and
Rebecca Davis handled the
matter for the firm.
- In March 2005, Strasburger obtained a unanimous jury verdict for Dr.
Charles Donovan (Medical Assurance Insurance Company) in a case tried in
the 14th District Court, Dallas County, Judge Mary Murphy presiding.
Plaintiff alleged that Dr. Donovan, a radiologist at Methodist Hospital
in Dallas, was negligent in failing to diagnose a fracture of
Plaintiff’s right foot when he was at the emergency room in November
2001. Plaintiff alleged he was later diagnosed with a fracture — ten
months after his emergency room visit. After deliberating for 1½ hours,
with an hour lunch break, the jury returned a unanimous verdict finding
no negligence on the part of Dr. Donovan and no damages. Dallas
attorneys Craig Myers and
Carol Williamson handled
the matter for the firm.
- On February 25, 2005, Strasburger obtained a complete defense
verdict in a case tried before a jury in the 96th District Court of
Tarrant County before Judge Jeff Walker. This medical malpractice
wrongful death case was filed by the parents of a 23 year-old decedent,
both individually and on behalf of her Estate. During the two week
trial, Strasburger represented a family practice physician and a family
practice medicine clinic with regard to allegations of failing to
properly diagnose the patient, who eventually died from bacterial
endocarditis. Dallas attorney Joe
Turano handled the matter for the firm.
- In January, Strasburger secured a complete defense verdict for
client Veritas DGC Land, Inc. (Veritas) in a 260-plaintiff lawsuit held
in the 212th District Court of Galveston County before Judge Criss. The
suit claimed that a seismic survey conducted by Veritas and others in
the spring of 2000 caused structural damage to plaintiffs’ homes. The
case was to be tried in groups of 30 plaintiffs. Of the first 30
plaintiffs, the court granted summary judgment in Veritas’ favor as to
13 plaintiffs, leaving 17 plaintiffs with claims against Veritas. All
other defendants previously settled with the plaintiffs for $3.5
million. In a three week trial, it took our team only three days to
successfully lay out the defense, and it took the jury only 30 minutes
to return a 12-0 defense verdict. Houston attorneys
Bijan Siahatgar and
Jim Kimbell handled the
matter for the firm.
Personal Injury Practice Overview
At Strasburger, the Personal Injury
Practice Area has extensive experience involving the defense of
personal injury and property damage claims including negligence, gross
negligence, products liability, professional liability, workplace
injuries, accidents of all types, and intentional tort claims. Our
personal injury attorneys
handle cases in both state and federal courts across Texas, as well as
cases extending beyond the Texas border. This nationwide expertise
provides a direct benefit to clients by allowing Strasburger attorneys to
serve as both regional and national counsel. Strasburger litigators
aggressively investigate and defend all types of personal injury claims,
while continually working to serve the client’s best interests through a
summary judgment, an advantageous settlement, or a favorable result at
trial.
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