Exploring the Defense Arsenal: How to attack inflated damages in professional malpractice and catastrophic injury cases

Author: Daniel Fallon

CLM – September 10, 2018

With the rising costs of medical, rehabilitation, and long-term care, the increase in special damages can be exponentially impactful to jury verdicts and settlements. The gross exposure from cases not only affects carriers, but also creates concerns for policyholders relative to policy limits, premiums, and professional reputations.


Court Upholds Judgment in Favor of Omni La Costa Resort & Spa

Featured: Susan Oliver, Dana Furman, Jessica Heppenstall

Club & Resort Business – September 19, 2018

The Carlsbad, Calif. property was targeted in a suit by Axis Insurance to try to recover $125 million paid out in claims after the devastating 2014 Poinsettia fire. The suit blamed resort management for causing the fire, which is believed to have started in native vegetation near a concrete cart path close to the seventh fairway of one of LaCosta’s golf courses. The Poinsettia Fire was the second most destructive of the 2014 San Diego County wildfires, causing a fatality in addition to extensive property damage.


Tyson & Mendes is the 33rd Fastest Growing Private Company in San Diego

San Diego Business Journal – July 19, 2018

The San Diego Business Journal has announced this year’s list of the fastest growing companies in the region. This year the Journal’s annual Fastest-Growing Private Companies list highlights 100 organizations whose aspirations have taken them to a level of success that has put them in regional, national and global spotlights.


Best way to get a large verdict? Ask for it.

Author: Robert Tyson

Daily Journal – February 21, 2018

It is a tactic that most defendants resist, and something defense attorneys rarely do. Give a number, always. Give your number to the jury early, give it often, and of course, it must never go up. While this strategy is rarely employed by the defense, it is critical for a successful jury verdict.


Insurance Defense Firm Opens Rocky Mountain Outpost

Featured: Jacob Felderman

Law Week Colorado – January 10, 2018

Insurance defense law firm Tyson & Mendes announced Wednesday that it is expanding its reach into Colorado with attorney Jacob Felderman setting up the firm’s outpost. The firm specializes in insurance defense with attorneys practicing in areas including construction defect, personal injury, insurance coverage disputes, insurance bad faith, professional liability, directors’ and officers’ liability and wrongful death lawsuits, and employment law. The move to Colorado is driven in part by personal reasons for Felderman as well as professional reasons that put the firm closer to some of its primary clients.


Susan Oliver Discusses How Employers Can Prevent Sexual Harassment

Featured: Susan Oliver

KOGO News – November 17, 2017

Sexual assault and harassment accusations are continuing to make national headlines, and employers large and small are on edge. Will someone from their organization be accused next? How can they protect their employees against unwanted sexual advances, and themselves against any legal ramifications, should an accusation arise?

Tyson & Mendes Partner Susan Oliver joined KOGO AM 600’s San Diego Evening News Hour to talk about what employers should do to prevent these types of incidents from occurring in the workplace. Click to listen to her full interview.

Cayce Lynch Wins San Diego Business Journal’s 2017 Business Woman of the Year

Featured: Cayce E. Lynch

San Diego Business Journal – November 27, 2017

More than five years have passed since Tyson & Mendes LLP won the case that made its name.  The San Diego-based law firm could have celebrated the victory and moved on. In retrospect, that would have been a mistake.  Instead, Tyson & Mendes assigned one of its young lawyers, Cayce Lynch, to make sure clients and businesses across the country understood the ruling and were kept up to date on relevant cases that have followed.


Tyson & Mendes Opens Office in Florida

Featured: Damian M. Fletcher

SD Metro – September 25, 2017

Civil litigation firm Tyson & Mendes has expanded to the East Coast with the opening of a new office in Fort Lauderdale, Fla., led by former Hinshaw & Culbertson partner Damian M. Fletcher. The new location will serve the entire state of Florida in complex litigation matters, defending clients in all state and federal courts.


Industry Insider Q&A With Robert Tyson

Featured: Robert Tyson

The Daily Transcript – August 16, 2017

Robert Tyson is a founding partner of the law firm Tyson & Mendes. In 2011, he successfully argued before the California Supreme Court in Howell v. Hamilton Meats that an injured plaintiff may only recover the medical costs paid by his or her health insurance and not the higher amount billed to insurance companies by physicians and hospitals. In this interview, he reflects on a variety of topics, including the effect the case has had.


Pat Mendes to Present at CLM & Business Insurance’s 2017 Construction Conference

Featured: Patrick Mendes

A high exposure construction claim provides the backdrop for this discussion of the complex dynamics between primary and excess insurers. Seasoned industry professionals will share untold stories and lessons learned about the inherent conflict between primary and excess liability insurers. Specific areas of discussion will include choice of counsel, allocation of costs, responding to settlement demands, retained counsel’s reporting responsibility, duties among insurers and insured, coordination of trial tactics, and outside the box approaches to addressing the diverging interests between carriers and clients. The session also will highlight the insured’s role in the process and how effective communication techniques can prevent many common pitfalls.


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