Seventh Amendment

Record-Setting Verdict Against Uber Technologies Announced by The Law Offices of Brian J. Breiter, LLP

Retrieved on: 
Monday, April 22, 2024

LOS ANGELES, April 22, 2024 /PRNewswire/ -- The Law Offices of Brian J. Breiter, LLP, proudly announces a groundbreaking verdict against Uber Technologies on April 10, 2024.

Key Points: 
  • LOS ANGELES, April 22, 2024 /PRNewswire/ -- The Law Offices of Brian J. Breiter, LLP, proudly announces a groundbreaking verdict against Uber Technologies on April 10, 2024.
  • For over 5 1/2 years, Uber and the driver denied liability for the accident, with Uber also disputing vicarious liability for the driver's actions.
  • However, on the first day of the trial, Uber stipulated to be vicariously liable for the logged-in driver.
  • The Law Offices of Brian J. Breiter, LLP, with offices in Los Angeles and Miami, provide comprehensive personal injury and wrongful death legal services.

Renowned Florida Trial Attorney Joe Osborne Interview: Coffee With Q Releases Exclusive Interview by Legal News Reporter Rene Perras

Retrieved on: 
Tuesday, March 19, 2024

Grand Cayman-based Coffee With Q is a platform that interviews subject matter experts on various topics. Florida Trial Attorney Joe Osborne is a Real Tough Lawyer known for his tireless advocacy.

Key Points: 
  • Conducted by veteran legal news reporter Rene Perras, the interview illuminates the complexities of the legal system and the unwavering commitment required to seek justice for those wronged.
  • The Critical Role of the Civil Justice System: The interview explores how the American Civil Justice System acts as a fundamental protector of citizens, deterring negligence and misconduct.
  • A Personal Mission: Beyond his legal achievements, Osborne reflects on his role as a father and husband and how personal values influence his professional commitment.
  • For an in-depth understanding of Joe Osborne's impactful career and perspectives on the Civil Justice System, readers are encouraged to explore the full interview by Rene Perras.

Baron & Budd Shareholder Holly Werkema Receives 2024 Compassionate Counsel Award

Retrieved on: 
Friday, March 22, 2024

is pleased to announce that shareholder Holly Werkema has been named to the 2024 class of Compassionate Counsel honorees.

Key Points: 
  • is pleased to announce that shareholder Holly Werkema has been named to the 2024 class of Compassionate Counsel honorees.
  • Compassionate Counsel recipients are selected by The Milestone Foundation’s board for their unwavering commitment to the tenets of the Seventh Amendment and belief in the fundamental right to justice.
  • Over the course of her career, Ms. Werkema has worked tirelessly representing clients in complex multi-district litigation involving a number of high-profile pharmaceutical defendants.
  • For more information about The Milestone Foundation’s Compassionate Counsel awards, visit https://themilestonefoundation.org/compassionate-counsel/ .

NCLA Amicus Brief Decries SEC’s Administrative Denial of Jury Trial Rights, ALJ Removal Protections

Retrieved on: 
Thursday, October 19, 2023

Worse yet, the proceeding denied his Seventh Amendment right to a jury trial.

Key Points: 
  • Worse yet, the proceeding denied his Seventh Amendment right to a jury trial.
  • Dodd-Frank empowers SEC to obtain a jury trial by suing in federal court or avoid a jury trial by initiating an administrative proceeding.
  • Hence, the law unfairly deprives them of the same right to demand a jury trial that SEC has—a blatantly discriminatory rule.
  • In April, the Supreme Court upheld NCLA client Michelle Cochran’s right to challenge the constitutionality of her ALJ’s removal protections in federal court before undergoing an administrative adjudication.

Possible Third J&J Bankruptcy Attempt Amplifies Concerns over Corporate Abuse of Courts

Retrieved on: 
Tuesday, October 24, 2023

"J&J's corporate leadership seems determined to keep pushing this strategy, and as advocates for these women we will continue to push back."

Key Points: 
  • "J&J's corporate leadership seems determined to keep pushing this strategy, and as advocates for these women we will continue to push back."
  • During the past year, the U.S. Bankruptcy Court in New Jersey and the Third U.S.
  • Circuit Court of Appeals has ruled J&J's ploy does not meet the standards for a good faith bankruptcy, in large part because the multibillion-dollar company is not in "financial distress."
  • Attorneys for the plaintiffs believe that under bankruptcy laws those victims would receive far less compensation than through civil trials or settlement negotiations outside of the bankruptcy system.

SEC Surrenders to NCLA Client Michelle Cochran in Wake of Her Unanimous Supreme Court Win

Retrieved on: 
Wednesday, September 27, 2023

]” NCLA celebrates this major victory with our client, whose valiant fight against Administrative State overreach achieved watershed reform at the U.S. Supreme Court.

Key Points: 
  • ]” NCLA celebrates this major victory with our client, whose valiant fight against Administrative State overreach achieved watershed reform at the U.S. Supreme Court.
  • In April 2023, Ms. Cochran unanimously won her argument at the U.S. Supreme Court, which held that she could bring “fundamental, even existential” constitutional challenges in federal court before enduring administrative adjudication.
  • That order followed a disturbing court filing over a year earlier, in April 2022, while Ms. Cochran’s case was pending at the Supreme Court.
  • Unfortunately for the SEC, NCLA does not plan to let it off the hook so easily.

AMERICAN BOARD OF TRIAL ADVOCATES HONORS WAYNE HOGAN WITH CHAMPION OF JUSTICE AWARD

Retrieved on: 
Tuesday, July 18, 2023

DALLAS, July 18, 2023 /PRNewswire/ -- The American Board of Trial Advocates will honor National Board member Wayne Hogan with the association's Champion of Justice Award on August 19, 2023.

Key Points: 
  • DALLAS, July 18, 2023 /PRNewswire/ -- The American Board of Trial Advocates will honor National Board member Wayne Hogan with the association's Champion of Justice Award on August 19, 2023.
  • The Champion of Justice Award recognizes those who advance ABOTA's overall purposes of preserving and promoting the civil jury trial.
  • The award recipient must have demonstrated an ongoing, strong, and exceptional commitment to trial by jury through word and action.
  • Along with the Champion of Justice Award, the Awards Committee will announce the Chapter of the Year Award winners.

NCLA Challenges SEC’s ‘Hotel California’ Administrative Adjudication Regime

Retrieved on: 
Monday, April 24, 2023

Under SEC’s own rules, agency commissioners had to decide our clients’ appeal no later than October 2020.

Key Points: 
  • Under SEC’s own rules, agency commissioners had to decide our clients’ appeal no later than October 2020.
  • SEC’s prolonged and willful refusal to decide our clients’ case is depriving them of their right to a fair and timely adjudication under the Due Process Clause of the Fifth Amendment and under the Administrative Procedure Act.
  • As a Texas resident, Ms. Young and her company would benefit from the Fifth Circuit’s decision in Jarkesy v. SEC.
  • SEC’s willful disregard for our clients’ constitutional rights, particularly their rights to a fair and impartial tribunal and to a jury trial, is inexcusable.”

NCLA Amicus Brief Blasts FDIC for Depriving Ex-CEO of Jury Trial Rights in Enforcement Action

Retrieved on: 
Monday, April 10, 2023

NCLA urges the U.S. Court of Appeals for the Fifth Circuit to redress the Federal Deposit Insurance Corporation’s (FDIC) unlawful enforcement action against Cornelius Campbell Burgess, which the agency pursued through its in-house administrative court.

Key Points: 
  • NCLA urges the U.S. Court of Appeals for the Fifth Circuit to redress the Federal Deposit Insurance Corporation’s (FDIC) unlawful enforcement action against Cornelius Campbell Burgess, which the agency pursued through its in-house administrative court.
  • NCLA argues that FDIC’s allegations must be tried in front of a jury rather than an Administrative Law Judge (ALJ).
  • FDIC’s current ALJ enforcement regime deprives Burgess of his Seventh Amendment right to a jury trial.
  • Burgess petitioned the district court to prevent FDIC from formally approving the ALJ’s recommendations and entering a final order against him.

STEVEN W. QUATTLEBAUM SWORN IN AS NATIONAL PRESIDENT OF THE AMERICAN BOARD OF TRIAL ADVOCATES

Retrieved on: 
Friday, February 3, 2023

DALLAS, Feb. 3, 2023 /PRNewswire/ -- Steven W. Quattlebaum was installed as National President of the American Board of Trial Advocates at the organization's annual National Board Meeting, in Santa Barbara, California, on Jan. 28.

Key Points: 
  • DALLAS, Feb. 3, 2023 /PRNewswire/ -- Steven W. Quattlebaum was installed as National President of the American Board of Trial Advocates at the organization's annual National Board Meeting, in Santa Barbara, California, on Jan. 28.
  • Mr. Quattlebaum was admitted into the association in 1995 and has served in a number of leadership positions throughout the years.
  • Mr. Quattlebaum started as a faculty member and later served multiple times as co-chair of the National Trial College.
  • Mr. Quattlebaum is a member of the International Academy of Trial Lawyers, American College of Trial Lawyers, Litigation Counsel of America, and the Arkansas Bar Association.