Advocate Capital, Inc. Law Firm Financing Blog

Law Practice Management Stories

Oklahoma Court Upholds Family’s Right to Pursue a Wrongful Death Claim


Advocate Capital Inc. client Maples Law FirmThe Supreme Court of Oklahoma recently found that a nursing home arbitration agreement is not binding to beneficiaries or next of kin in the event of a wrongful death claim. The opinion arose from a case involving clients of the Maples Law Firm, a family seeking compensation following the death of a loved one at an Oklahoma City nursing home.


According to court documents, in 2010, a then 87-year-old woman was admitted to the Grace Living Center. As part of admission, the woman’s daughter, acting as her representative, signed a Dispute Resolution Provision stating that any legal matters would be handled by a third-party arbitrator and not through litigation.


However, within a year, the woman’s son and daughter sued the nursing home, claiming negligence and the violation the Nursing Home Care Act. The Grace Living Center asserted that, due to the arbitration agreement signed by the woman’s representative, the claims must be dealt with through arbitration. Before any response was made, the woman passed away in June 2012.


Acting as the personal representative of the woman’s estate, her son petitioned the court to amend the initial suit to add survivor claims and wrongful death claims. The trial judge granted both.


In an effort to repel the ruling, Grace Living Center argued that the arbitration agreement still applied to surviving family members of the deceased, and therefore, the family could not seek litigation. The District Court of Oklahoma County concluded that the wrongful death claim is separate from the arbitration agreement and denied the nursing home’s motion.


Congratulations Ray Maples on this important ruling for your client.


The Maples Law Firm, located in Oklahoma, seeks justice for injured people and their families. Client satisfaction is of the utmost importance to The Maples Law Firm.


Jeff Glueck

Vice President, Business Development


Christian Scranton – Part 1 of 4 – Pilot and Plaintiffs’ Attorney


Click on the video to watch part 1 of Mr. Swanson’s interview with Christian Scranton of Scranton Law Firm in Concord, California, as he discusses how being a pilot makes him a better plaintiffs’ attorney.



Tina Burns

Vice President



IRS Ruling Regarding Accounting Treatment of Client Case Costs


Since 1982, the IRS has ruled that contingent-fee related case costs paid by law firms are actually loans to the client, or advances made on the client’s behalf that the law firm expects to recover. The IRS ruling further states that those costs may NOT be deducted as a business expense on the law firm’s tax return. If selected for an audit by the IRS, accounting for client case costs as a business expense, could result in significant fines and penalties and a potentially sizable tax bill for the law firm. According to the IRS ruling, case costs related to contingent-fee cases should be reported for accounting and tax purposes in the asset section of a law firm’s Balance Sheet.


Are you applying the correct accounting treatment to contingent-fee client case costs?


If you use QuickBooks, this short video will provide you with information to help you make sure your law firm is adhering to the proper accounting treatment of client case costs and if you’re not, it will demonstrate steps to get you on the right track.



If you have questions or would like additional information on this issue, please contact us via email at


Because these costs represent a non-deductible expenditure of a law firm’s cash resources, they essentially sit on the law firm’s books as a receivable – often for years, while the law firm works to achieve justice on behalf of its clients. Advocate Capital, Inc. provides contingent-fee law firms with strategic business solutions to help law firms address this important financial issue.


If you would like to talk a representative about how the Advocate Capital, Inc. program may be able to help your Practice, visit our website or call us toll free at 877-894-9724.


Lisa Wagner

Senior Vice President, Client Services


Industry News: Bitten By the Bug of Advocacy: Attorney Anthony Johnson


American Injury Attorney Group Anthony Johnson, Advocate Capital Inc. reportsWhen Attorney Anthony Johnson of Johnson & Vines, PLLC graduated from law school from The University of Arkansas he envisioned himself a business lawyer handling contract disputes and transactional document preparation.  All this changed when he received a call from a 19 year old woman who dreamed of being a forensic scientist.  She was a passenger in a car driven by her boyfriend on her way to college orientation when her whole life changed in an instant.  A vehicle in the utility lane chose to do an illegal turn across the grass median and the interstate with tragic results.  This young lady had her arm out the window, which was all but severed as a result of the accident.  The ensuing battle Mr. Johnson fought on behalf of his client was not of liability but of insurance company accountability and coverage for the young victim.  Multiple insurance companies wanting to pass the buck on coverage and another asserting a lien on most of the recovery really complicated things.  In the end, Mr. Johnson ended up fighting until all 5 policies were paid to the client and recovery liens were reduced by 90%.


“My biggest take away from this case was that I knew, without representation, this girl would have not recovered nearly as much as she did with representation. Since that day, we established a rule to always be able to say this for our client:  if you would have been in a better place without our representation, then we’ll reduce our fee to make sure it comes true.”


During the battle of the case, Attorney Johnson also learned the value of co-counsel relationships.  The above case resulted in the formation of the American Injury Attorney Group.  This is a network of lawyers across the country that his firm works with on cases to add additional value to always act in the plaintiff’s best interest and garner the best possible result.  Despite their fears about reducing revenue from splitting fees, Johnson & Vines, PLLC has experienced growth and forged great relationships with many of the most talented trial attorneys in the country.


We love working with firms like Johnson & Vines, PLLC.  Such a great story of advocacy and helping clients get the results they deserve!


Jeff Glueck

Vice President – Business Development


Whitfield Bryson & Mason, LLP File Lawsuit Against Major Cosmetic Company Over Hidden Ingredients


Whitfield Bryson & Mason file lawsuit against Mario Badescu, Advocate Capital Inc. reportsMany people feel they are addicted to one brand or product they enjoy, but imagine being addicted to something that causes facial peeling, swelling and other painful side effects.  That is exactly what happened to consumers using Mario Badescu’s ‘Healing Cream’ and ‘Control Cream’.


Attorney John C. Whitfield and the litigation teams at Whitfield Bryson & Mason LLP, with offices in Kentucky, Raleigh,  and Washington, D.C., are working together to represent around 30 clients in a lawsuit against the major cosmetic company over the negative side effects caused by steroid ingredients not listed on the products’ labeling. These ingredients not only caused skin issues but many patients experienced withdrawal symptoms due to years of exposure to steroids.


“Most of our clients believe they were putting great products into their skin, when essentially, we believe that they were putting undisclosed steroids into their face,” stated WBM Attorney Caroline Taylor.


(Read more about this case in this recent news story)


The attorneys at Whitfield Bryson & Mason, LLP represent plaintiffs who have been injured or harmed due to the negligence of a person or company. Combining experience with resilience, their team will stand up to the opposition and fight to bring justice for their clients. For more information, visit Whitfield Bryson & Mason online at or call 1-855-926-2889.


Advocate Capital, Inc. applauds the efforts of law firms, like Whitfield Bryson & Mason, LLP, who defend the rights of consumers and fight to hold major companies accountable for the products they produce.


Tina Burns

Vice President


We’re Growing Again!


Advocate Capital Inc. now hiringAdvocate Capital, Inc. is growing so that we can continue our high level of customer service for our clients!  We are currently recruiting for a new Credit Compliance Manager to add to our Credit Team in our MetroCenter (Nashville, TN) offices.  If you are interested, please submit your resume for consideration.


Click here to view the job posting.



Steve Glickman Talks About Proposition 46


Click on the video to watch Mr. Swanson’s interview with Steve Glickman of Glickman & Glickman, A Law Corporation in Beverly Hills, California, as they discuss what Proposition 46 is and why it is so important.



To learn more about Proposition 46 and how you can help, click the links below.


Tina Burns

Vice President


Celebrating New Law with the Chaliks


Advocate Capital Inc. clients Jason and Debi ChalikAdvocate Capital, Inc. was honored recently to celebrate with Debi and Jason Chalik the enactment of the White-Miskell Act which became law in the State of Florida on October 1, 2014.


Their quest began several years ago while representing the father of Amber May White who was killed in a tragic parasailing accident in 2007.  We, like so many others, were outraged that there were NO laws regulating this popular vacation activity in Florida.  There were no licensing standards, no safety checks on equipment, no weather restrictions . . . nothing.  We began to follow the story with interest and featured it on our blog in August, 2013.


The push for regulation of the parasailing industry grew.  There have been several incidents since Amber White’s fatal accident including the death of Kathleen Miskell whose life was also lost in a parasailing accident in 2012 and for whom the new bill is also named.


The most recent case that catapulted this unregulated industry into the national news was the July 2013 accident in which 2 Indiana teens were seriously injured when their parasail tow line snapped causing the girls to crash into the side of a building in Panama City.  Debi Chalik and their client, Alexis Fairchild, were interviewed by numerous national media outlets which helped gain support for the bill that was sponsored by Senator Maria Sachs.  The Today Show interview was featured in our January 29, 2014 blog.


The White-Miskell Act requires:


  1. Operators must meet Coast Guard standards;
  2. Operators must have liability insurance – $1million per incident and $2million annual aggregate;
  3. Vessels must have a VHF transceiver & a dedicated device for weather updates;
  4. Operators must keep a weather log demonstrating they are tracking current & expected conditions;
  5. Parasailing is prohibited during strong winds, rain, fog, or lightning storm within 7 miles.


We should all be thankful for trial lawyers like Debi and Jason Chalik who not only work hard to represent injured persons but actually roll up their sleeves and work tirelessly to establish laws that prevent needless injuries from happening.  Congratulations and thank you!


Donna A. Jones

Senior Vice President


Joe Saunders Is a Great Trial Lawyer and Jazz Musician


Advocate Capital Inc. client Joe Saunders and The Tomkats Jazz OrchestraOur friend and colleague Joe Saunders and his jazz band, The Tomkats Jazz Orchestra are one of the opening acts at the Clearwater Jazz Holiday this Saturday, October 18. Also performing at the festival are Dr. John and the Nite Trippers, Spyro Gyra, Earth Wind & Fire and Trombone Shorty.


This year marks the 35th anniversary of this music-filled weekend in Florida. What started as a 10-day series of jazz concerts held on the back of a flatbed truck at venues all around the City of Clearwater has evolved into a major international jazz festival. Tickets are still available and for more information on attending, click here.


Mr. Saunders and his law firm Saunders & Walker, P.A. are strong advocates for justice, representing only those injured due to the negligence of others. Not only does the firm represent injured victims in the State of Florida but also handles cases on a nationwide basis. The firm is actively involved in a number of community projects and boasts a great jazz musician in Joe. To learn more about the firm’s activities and the jazz band, check out the “Community Service” tab on their website.


It is indeed refreshing to work with trial lawyers who not only provide outstanding representation to their clients but give back to their communities. Advocate Capital, Inc. works with the best and brightest attorneys around the country who have unique and diverse interests in many areas.


Mr. Saunders recently stated, “I would like to thank Advocate Capital for making my law practice run smoothly so I can enjoy playing jazz as well.”


Well done and we look forward to outstanding reviews from the Clearwater Jazz Festival this weekend.


Donna A. Jones

Senior Vice President


Another Study Showing “Tort Reform” Has No Impact on Health Care Costs


Tort Reform Myth Busted, Advocate Capital, Inc. reportsI have blogged many times in this space about the mythical impact of tort reform on health care costs.  There is now yet another study debunking the myth of “defensive medicine” being a driver in increased health care costs.


A recent article in the Los Angeles Times reports on a study, led by Michael B. Rothberg of the Cleveland Clinic and published in the Journal of the American Medical Association, that concludes “defensive medicine accounts for about 2.9% of healthcare spending” – a relatively minuscule amount, and probably a very small factor in increasing health care costs.


Though this amount is not a small amount of money (i.e. $78 billion of an estimated $2.7 trillion in U.S. health care spending), the study finds that any tort reform measures strong enough to make that go away “would likely create other costs, such as a rise in medical mistakes generated by the elimination of the oversight exercised by the court system.”


Also, the study found that the “prevalence of defensive medicine may be overestimated by doctors themselves…because many procedures are ordered in part defensively, but partially or mostly for legitimate diagnostic or therapeutic reasons.”  So it’s likely that even the 2.9% is overstated.


One of the conclusions drawn in the LA Times article is that “Tort reform has seldom been about reducing healthcare spending.  For Republicans, it’s about de-funding a bloc of reliable Democratic Party supporters – trial lawyers.”


The full LA Times article can be read here.


The JAMA study can be seen here.


NJA 38th Annual Convention in Napa Valley


Nevada Justice AssociationWill you be attending the Nevada Justice Association (NJA)’s 38th Annual Convention in Napa, California on October 16-18, 2014?


Michael J. Swanson and Lisa Wagner will be representing Advocate Capital, Inc. Stop by and discover how our case expense funding product can help you get even better results for your clients.


NJA’s Annual Convention will take place in the newly renovated Silverado Resort and Spa, located in the world famous Napa Valley. This convention/seminar features three days of educational sessions with some of the top lawyers in the country, Nevada Supreme Court Justices and Commissioners. Attorneys can receive up to 13 hours of CLE with 2 hours of ethics.


Don’t forget to enter our raffle for a chance to win a Pebble SmartWatch!


We hope to see you there.


Tina Burns

Vice President


”How to Win Trucking Cases” Conference


Advocate Capital Inc. client Terry Jackson presents at Trucking ConferenceDoes your law firm handle automobile accident cases against trucking companies? If so, you should consider the upcoming seminar at The Wynn Las Vegas October 19-21 appropriately titled “How to Win Trucking Cases: Advanced Course” hosted by the 360 Advocacy group. The faculty is comprised of the best truck wreck lawyers in the country.


With key topics like “What You Need to Know about Telematics” presented by Terry Jackson, “Key Regulations, Industry Documents & Defensive Driving Rules” and “Examining the Corporate Designee in Deposition and Trial” both hosted by Joe Fried, this is a “must attend” for your practice and your clients.


Space is still available for both attorneys and paralegals. Click here for registration information.


Advocate Capital, Inc. proudly supports the work of trial lawyers everywhere as they seek justice for those injured due to the negligence of others.


Donna A. Jones

Senior Vice President


Jury Awards Table Saw Injury Victim $1.25M


Advocate Capital Inc. clients Heygood Orr PearsonCongratulations to long-time friend and client, Dallas, TX-based attorneys Heygood, Orr & Pearson who recently secured a $1.25M jury verdict in Federal Court in Chicago on behalf of their client, 30-year-old Brandon Stollings. Mr. Stollings lost his index finger and parts of two other fingers when his Ryobi saw experienced a kickback, which occurs when wood pinches a table saw blade and forces it back toward the operator. Technology exists that would render these types of injuries avoidable, yet manufacturers failed to implement the technology.


Attorney Jim Orr talks about the technology in this brief interview:



This case is one of more than over a hundred similar table saw injury cases being litigated by Heygood, Orr & Pearson involving defective table saws. During the two-week trial in the U.S. District Court for the Northern District of Illinois, David Peot, former chief engineer for Ryobi, told jurors that the addition of a simple piece of curved metal – called a riving knife –would eliminate nearly all kickbacks. Despite this fix, Ryobi and most other manufacturers did not equip saws with riving knives until 2010.


Heygood, Orr & Pearson, a business litigation and personal injury law firm based in Dallas, TX, represents more than 90% of all victims of table saw injuries who have filed lawsuits. By holding these manufactures accountable, the Firm will help to prevent more unnecessary injuries like those suffered by Mr. Stollings. Click here for more details about the case as published in a recent PR Newswire.


Lisa Wagner

Senior Vice President, Client Services


Upcoming Tax Filing Deadline


October Tax Deadline, Advocate Capital, Inc.



The federal tax filing deadline for extension filers is quickly approaching on October 15, 2014.  The IRS recently released a reminder of the deadline and some overlooked tax benefits that filers may be able to use.


Click here to view the IRS announcement.





Kelly A. O’Leary, CPA, CGMA, MBA, CITP, CIA, CFE

Vice President, Finance and Administration


Free CLE Webinar: “Legal Catch 22: How to Navigate ERISA Subrogation and Avoid Liens”


Public Justice Speaker series with Matt Wessler and Stanley Marks, Advocate Capital Inc. reports

This month’s free webinar in the Public Justice Speaker Series is tomorrow, October 8, at 2:00pmET/11:00amPT.


This webinar will cover recent developments in the landscape governing ERISA subrogation and reimbursement claims.


Presenters Matt Wessler of Public Justice and Stanley J. Marks of Begam & Marks, P.A., will discuss specific examples, including the U.S. Supreme Court’s decision in US Airways v. McCutchen, Cigna v. Amara and the pending cert. petition in Thurber v. Aetna, along with effective strategies to avoid or reduce ERISA liens.


This free Speaker Series is for “members only” and is another great reason to join Public Justice today!


Registration for this webinar is now open. Click here for more details.


CLE credit is available for most webinars. See CLE requirements for your state.

(CLE hours can be applied to AK, AZ, CA, CO, FL, ME, MN, NJ, NY, ND, NV, OR and WI. States with no CLE requirement: CT, DC, MD, MA, MI, SD. Please check your state’s bar website for more information on reciprocity requirements.)


Tina Burns

Vice President


Morin’s Perseverance Triumphs in Pedestrian Case


Advocate Capital Inc. client Sally MorinCongratulations to Attorney Sally Morin of Sally Morin Law Firm and her client on this recent settlement after 18 months of litigation.


The plaintiff, a special education teacher, was crossing the street in the crosswalk when she was struck by a car. She sustained a broken ankle that resulted in quite a lot of medical bills. The defendant driver contested liability claiming the plaintiff was not watching where she was going and that she was not in the crosswalk. Despite having no police report and inconsistent witness statements, Attorney Morin was able to fight through litigation and secure a great result for her client.


Sally Morin Law Firm is a personal injury practice based in San Francisco, California specializing in bicycle, pedestrian, motorcycle and automobile accidents. Sally and her team focus on clients first and help eliminate the stress and confusion that comes with an injury accident. For more information about Sally Morin Law Firm, visit or call (415) 413-0033.


All of us at Advocate Capital, Inc. salute attorneys, like Sally Morin, who stand up for injured citizens and continue to fight until justice prevails.


Tina Burns

Vice President


Advocate Capital, Inc.’s Team Hope Races for the Cure


Advocate Capital Inc. Team Hope Races for the CureOctober 1st marked the beginning of a month dedicated to raising awareness of breast cancer. The majority of the public is familiar with this disease but there is work to do and battles to win. The statistics continue to be staggering with one in eight women diagnosed with breast cancer and millions of lives affected by this disease. To aid in this campaign, Advocate Capital’s Team Hope has accepted the challenge of forming a team for The Susan G. Komen Race for the Cure® here in Nashville, TN. The race will take place on Saturday, October 25, 2014.


Are you willing to help us reach our fundraising goal of $1,000 and make this event a success for Advocate Capital’s Team Hope and breast cancer patients everywhere?


You can donate to Advocate Capital, Inc.’s team here.


We greatly appreciate all of your support in raising awareness and fighting this disease!


If you are interested in joining a team, locate a race in your area!


Tina Burns

Vice President


We Continue to Pay It Forward


Lisa Larkin pays it forward to Matt Sturdivant, Advocate Capital, Inc. reportsLisa Larkin, as our latest Pay It Forward award recipient, recently recognized Matt Sturdivant by Paying It Forward to Matt. Matt has been a valued Advocate Capital, Inc. employee since March 2013 and received the award for his helpful nature. Matt is always willing to lend a helping hand with varying tasks throughout the office, as well as entertain us with his light office pranks and sense of humor.  Matt is a great addition to our team and plays an intricate role in the marketing department.


Congratulations, Matt! Well deserved!


Tina Burns

Vice President


Ben Martin Teams with Fears|Nachawati for $1.7M Jury Verdict


Advocate Capital, Inc. client Ben C. Martin

Congratulations to Ben C. Martin, the team at Fears|Nachawati and their client on this outstanding verdict received in a recent Dallas County trial.


The Plaintiff truck driver was completing a trip in an extra company truck when the transmission began having problems. The clutch began to pop, the shifter began to move out of gear and the truck began to “shimmy.” Finally, the transmission housing separated from the engine, causing the clutch pedal to pin the Plaintiff’s knee to the steering wheel. Plaintiff sustained injuries to his knee which required surgery and ultimately, a knee replacement.


The truck had traveled 64,000 miles since this rebuilt transmission had been installed. The defense argued that the Plaintiff should have stopped the truck when the transmission began having problems. Evidence was presented that the housing bolts had not been torqued properly.


The jury found the Plaintiff to be 25% at fault and the Defendant 75% at fault. The jury found damages for the Plaintiff in the amounts of $250,000 for physical impairment, $250,000 in past pain and suffering, $500,000 in future pain and suffering, $145,332 in past lost wages, $406,315 in future lost wages, $25,000 in past physical impairment, and $192,692 in past medical expenses.


The Law Offices of Ben C. Martin has pursued justice for thousands of clients injured in accidents due to the negligence of others. Mr. Martin focuses his practice on personal injury, complex mass torts, dangerous medical products, and intellectual property litigation. Mr. Martin is board certified in both Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization. This double board certification is held by less than 1% of Texas lawyers. Mr. Martin was named a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2012-2014 and was named as a Texas Super Lawyer from 2003-2014.


Advocate Capital Inc. client Fears NachawatiFears|Nachawati was founded by Bryan Fears and Majed Nachawati with the guiding principle of providing a better legal experience for all firm clients. With offices throughout the state of Texas, the firm is dedicated to providing assistance from the smallest business issue to the largest personal injury claim.  To learn more about the firm’s other success stories and community service initiatives, click here.


CONGRATULATIONS on this awesome verdict!   Everyone here at Advocate Capital, Inc. considers it a privilege to support the important work done by trial lawyers around the country.


Donna A. Jones

Senior Vice President


Attorney Tessa King Named 2014 Rising Star by Super Lawyers


Advocate Capital Inc. client Tessa KingCongratulations to Tessa King, of Reisner & King LLP, for her recent selection as a 2014 Rising Star by Super Lawyers®.


Super Lawyers® rates lawyers from more than 70 practice areas through an extensive selection process including peer nomination, evaluations and third party research. The Rising Stars list recognizes the top up-and-coming attorneys under 40 years of age who have practiced 10 years or more. Super Lawyers® website states that “while up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars.”


Ms. King is a firm partner at Reisner & King, LLP, and practices employment and personal injury law. Her experience includes representing clients in cases involving wage, break, and overtime violations, and has developed niche expertise in the area of pregnancy discrimination and matters involving pregnancy disability leave (PDL). Ms. King and the team at Reisner & King, LLP, are dedicated to achieving optimal results based on their clients’ needs and goals. Learn more about Reisner & King, LLP, visit their website at


Congratulations again from your friends at Advocate Capital, Inc.!


Tina Burns

Vice President


Massachusetts Jury Sends Message with $14M+ Verdict


Massachusetts jury awards $14M in nursing home neglect case, Advocate Capital Inc. reportsOn July 21, 2014, a Middlesex County jury awarded $1.425 million in compensatory damages and $12.5 million in punitive damages to the family of an elderly woman against the nursing home that neglected her for weeks and ultimately caused her death.  The verdict, with statutory interest, is the largest verdict against a nursing home ever reported in the Commonwealth of Massachusetts.  The plaintiffs’ team included David Hoey, Kris Sobczak and Bernard Hamill.


While at the nursing home, the plaintiff suffered a fall from her wheelchair and was admitted to the hospital. At the hospital, she was diagnosed with acute renal failure, appendicitis, bed ulcers, fecal impaction, hyperglycemia, urinary tract infection, sepsis, and multiple infections.  Despite the extensive injuries suffered by the plaintiff the nursing home admitted to only “select” breaches of the applicable standard of care a month before trial, but denied negligence in causing the plaintiff any harm. The jury felt otherwise and after several hours of deliberations returned the historical verdict.


David Hoey said of the verdict, “The jury’s verdict reinforces the principle that age doesn’t matter; any and everyone is entitled to the same proper level of care, safety and protections, regardless whether they are young or old.” This historic verdict has received a great deal of media attention and a complete recap can be here.


Our seniors deserve the utmost respect and the best possible medical care available when needed.  It is gratifying to all of us here at Advocate Capital, Inc. to know that attorneys like David Hoey and Bernard Hamill, gladly accept the fight for justice for people of all ages. Congratulations to the attorneys David Hoey, Kris Sobczak, and Bernard Hamill!


Donna A. Jones

Senior Vice President


Strickland Settles Wrongful Death Case Against Trucking Company


Advocate Capital Inc. client Michael StricklandCongratulations to Michael Strickland, the entire team at Strickland & Kendall, L.L.C., and their clients on this recent outstanding settlement of $1.9M in a conservative venue where the largest known verdict was $700,000 for an MVA case.


The plaintiffs, a niece and her uncle, were seriously injured when the defendant driver ran a stop sign and slammed into the plaintiffs’ car.  Unfortunately, the uncle who was a belted passenger later died from a blunt force trauma sustained in the accident.   The niece was placed on life support and was not expected to survive after suffering broken bones, internal organ damage, and a collapsed lung.  The niece did survive but has been unable to return to work due to the permanent injuries sustained in the accident.


Initially, both the defendant driver who was within the course and scope of his employment, and the defendant’s employer denied liability and claimed the Plaintiffs’ automobile did not have its headlights in operation as the wreck occurred at nighttime.  The defense further claimed that the uncle died as a result of medical negligence by the hospital and not the blunt force trauma sustained in the accident.  Because of the excellent work done by Michael Strickland and his team, the defendants were unable to support their theory during discovery and ultimately agreed to settle the case.


Strickland & Kendall are located in Montgomery, Alabama and handle all types of personal injury and wrongful death cases.  A particular practice area of interest is the firm’s emphasis in disaster claims resulting from tornadoes, hurricanes and other natural disasters.   Click here to learn more.


Advocate Capital, Inc. is proud to partner with attorneys like Strickland & Kendall, who fight for justice for those impacted by negligence of others.


Donna A. Jones

Senior Vice President


Missouri High Court Rules Against Caps for Some Punitive Damages


Missouri Supreme Court Caps on Punitive Damages, Advocate Capital, Inc.In a recent article, the Kansas City Star reports that the Missouri Supreme Court “brushed by the legislature’s limits on punitive damages this week, saying they don’t apply to a $1 million verdict a jury awarded to an Excelsior Springs woman.”  Lillian M. Lewellen “received the judgment in 2012 after she was defrauded by car dealer Chad Franklin.”  Lewellen had purchased a used Lincoln Town Car “after being told she would have to make payments of only $49 a month,” but “after several months, she learned she would have to pay $387 a month.”  After a Clay County jury ordered Franklin to pay Lewellen $1 million in punitive damages, “a judge cut the judgment in half, citing a state law that capped some punitive damage awards at $500,000.”  The Supreme Court “restored the judgment because Lewellen had filed her claim as a common law fraud, which has existed in Missouri since the first state constitution was written.”


Although the opinion is limited in striking down caps on punitive damages, it is gratifying to see some movement in that direction.


The full article can be read here.


A summary of the opinion can be read here, and the full opinion is here.


Reisner & King Awarded Attorneys’ Fees, Increasing Verdict to $1.2 Million


Adam ReisnerAdvocate Capital, Inc. clients Reisner & King, LLP and Tessa King persevered for their client last August with a 13-day trial and a jury verdict of $610,000. However, Judge Timothy L. Fall was not finished with the defendant and recently awarded attorneys’ fees of $659,131.37 to Reisner & King, increasing the total award to $1.2 million!


I previously blogged about this impressive jury trial verdict against the plaintiff’s former employer in Yolo County, California for workplace discrimination here.


Reisner & King’s experience, professionalism and courage allows them to provide the highest level of care and representation for the residents of Los Angeles and surrounding counties in the practice areas of employment law, personal injury and business litigation.


Congratulations Adam and Tessa!


Advocate Capital, Inc. is proud to stand behind plaintiffs’ attorneys, like Reisner & King, for the last 15 years, providing support and capital resources, needed to obtain justice and prevail in the face of discrimination.


Tina Burns

Vice President.


American Association for Justice – Distinguished Service Award


Advocate Capital, Inc. client Tim BaileyPlease join us in congratulating, Tim Bailey, on being honored by American Association for Justice with the Distinguished Service Award.


According to AAJ, “The Distinguished Service Award recognizes members of the AAJ Board of Governors who during the past year have been of special assistance to the President of the Association.  Recipients are honored for going above and beyond their commitment to the principles of the civil justice system and AAJ’s mission.  Through their leadership, these recipients were critical in membership recruitment, fundraising and issue advocacy.”


Tim Bailey has served on AAJ’s Board of Governors since August, 2011.  Attorney Bailey, along with his Partners at Bucci, Bailey & Javins, L.C., fight tirelessly for the rights of workers and consumers throughout West Virginia and all across the U.S.   No fight is too big or too far away for this Firm when it comes to preserving the rights of consumers and workers.    As a descendant of three generations of coal miners Attorney Bailey’s passion for the dignity and safety of workers runs deep.


At Advocate Capital, Inc., we’re honored to support committed, passionate Trial Lawyers like Tim Bailey and Bucci, Bailey & Javins, L.C., who dedicate their careers to protecting and advocating for consumers and workers and go the distance- the extra mile to ensure the civil justice system endures for us all.


Lisa Wagner

Senior Vice President, Client Services


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