As we litigate a case in the trial court, we are always mindful of the outlook on appeal. Sometimes our objective is to protect a victory from upset. Sometimes, it is to preserve an error for appeal. At other times it is the goal of our Client, from the outset, to change or shape the law by creating precedent. We welcome such challenges and are proud of our achievements. We can handle all matters in the higher courts, state and federal, including the United States Supreme Court.
For more than thirty years, we've built a national reputation as a bulwark against insurance fraud. We've done this by winning trials. We've done this by drafting legislation and policy language. Furthermore we've done this as leaders of organizations that educate the insurance industry about the means to thwart the billion dollar economic drain that is arson and insurance fraud.
Liability exposure is as broad as human endeavor. Our casualty defense practice encompasses that vast field. We'll promptly evaluate the case and plan the best course, be it settlement, mediation, arbitration or trial. Then we'll execute.
Occasionally a new field of defense litigation springs to life overnight. When the "Chinese Drywall" phenomenon erupted, we assembled a team with expertise in construction, insurance coverage, and product liability cases. Our Chinese Drywall team dispenses informed advice and litigates the full range of legal exposures including the availability of coverage for property damage and liability.
Our construction lawyers are prepared to handle any aspect of litigation, from initial contract and bid proposals, to material failures and construction defects, to disputes surrounding final certifications. We routinely represent owners, developers, design professionals and manufacturers, as well as general and sub-contractors. Butler Pappas prides itself on having real world experience in the construction field by understanding industry standards and building practices.
For decades, we've counseled clients on sophisticated coverage questions. With this institutional knowledge in place, we're efficient at providing fast opinions on the most complex issues. And, when litigation ensues, our experience serves our clients well.
Claims for the breach of sensitive private data systems are complex and require a quick response. Our cyber loss team counsels clients on first and third party coverage questions relating to system invasions and data breaches. We assist insurers and their insureds in responding to these situations. We also defend companies, who have been victimized by cyber attacks, from third party claims. For some clients, we recover money they had to pay for such losses.
We are able to assist management and human resource teams in the prevention of employment-related claims. Still, when such claims do occur, we defend them at the administrative level and in the courts.
We have the experience and resources to defend high exposure, "bet-the-company" suits. These include actions for first and third-party "bad faith," and all manner of damages in excess of insurance policy limits. In such matters, we believe ourselves to be preeminent.
Patents, trademarks, copyrights and trade secrets: Intellectual property may be among a company's most valuable assets. Butler Pappas counsels clients how best to preserve and protect those assets. Our services include the defense and prosecution of lawsuits for infringement, dilution, unfair competition and misappropriation, as well as cybersquatting and domain name disputes.
We help assess and manage professional liability to prevent or eliminate claims as well as providing a defense before professional standards boards and when matters are tried in court.
We assess and help mitigate the costs and risks of product liability claims. Indeed, we manage all manner of product problems at the regulatory level and in litigation. Our expertise puts us at the forefront as speakers and planners of national programs on product liability.
We help manufacturers, suppliers, retailers and their insurers take the necessary precautions to prevent a costly product recall. We assist clients in reporting safety issues to applicable government agencies, as well as deciding when and how to recall products. While no manufacturer ever wants its products recalled, we can help minimize potential exposure, so our clients can get back to business. And if necessary, we provide litigation support against claims resulting from allegedly defective products.
Butler Pappas attorneys handle matters and disputes for ceding insurers, reinsurers, and retrocessionaires. Our services include reviewing reinsurance treaties, advising on coverage disputes, litigation, arbitration and mediation, as well as collections for cedents and reinsurers, including cases of insolvency.
One of our great strengths is large loss subrogation and recovery. Being on "first call" for an investigation lets us preserve evidence and position the matter for recovery from the outset. We have access to prime experts in many fields, and we, ourselves, put tremendous time and effort into understanding the scientific and engineering side of every case.
Butler Pappas brings years of combined experience to bear in the defense of trucking accidents. A rapid deployment team of attorneys and paralegals can be on the scene of an accident within hours to protect the company, its drivers and valuable evidence. Our team has access to a strong database of established experts with expertise in accident reconstruction, photography, videography, regulatory compliance, conspicuity and hazardous waste containment.

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International Association of Defense Counsel

The Enhanced Injury Doctrine: How the Theory of Liability is Addressed in a Comparative Fault World

Charles E. Reynolds, II

In certain motor vehicle accidents,there may be several potentially negligent factors, as well as several contributing causes to the injury of the plaintiff. The plaintiff himself may have been negligent, and this negligence could have contributed to causing some aspect of the injury.

Read the entire article here.

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