For our August Professional Spotlight, we are pleased to introduce Richard Somes, Managing Partner of Tyson & Mendes’ new Orange County office. Rick has extensive experience representing individuals and businesses in state and federal courts throughout California, where his practice focuses on general liability, premises liability, personal injury, surety law, construction, medical malpractice, toxic and mass torts, and employment law. He…
Jessica Rogin is the Vice President of Specialty Claims, US Casualty for Liberty Mutual Group and the winner of Tyson & Mendes’ first Professional Mentorship Award in honor of her efforts to close the gender gap and promote the growth of female claims professionals. Jessica is responsible for the leadership and management of the claims operations that support Liberty’s National Insurance Specialty’s verticals, including Construction, Energy, Public Entity, Healthcare, Programs and Unsupported Excess.
Full disclosure: this material is lifted entirely from Tyson & Mendes founder and strategic managing partner, Robert Tyson. But tried and true trial strategies bear repeating, and repeating often. So, let’s dive in on one of the most counterintuitive, underutilized, and effective trial strategies for defense lawyers: ACCEPTING RESPONSIBILITY.
Tyson & Mendes is growing in the Bay Area. For our May spotlight, we introduce Patricia Kantor Conway – the newest partner in Tyson & Mendes’ Northern California office. Patricia recently made a lateral move to the firm from her position as partner at Vasquez Estrada & Conway LLP, where she worked for the last 18 years. An experienced litigator practicing civil litigation in the Bay Area since 1996, Patricia’s practice focuses…
Tyson & Mendes’ Seattle office obtained a dismissal with prejudice of an insured from the Federal Court by following a legal strategy set in motion when a lawsuit was first filed in state court. Plaintiff was injured while riding a bus when a car turned left in front of the bus causing the vehicles to collide. Plaintiff incurred substantial medical treatment following the accident. He filed suit in Washington State Court against the car’s…
T&M Giving Program’s first year is in the books! We had a great year with two successful employee volunteer days and a Giving Tuesday Campaign with contributions from the whole firm. We had 30 employees participate on our volunteer committee, over 100 employees participate in our volunteer days, and employees throughout our eight offices volunteered over 60 hours of their time.
On October 3, 2018, the Tyson & Mendes Women’s Initiative partnered with the San Diego Lawyer’s Club (SDLC) to host a wonderful and thought-provoking event, inviting discussion and action to promote women in the legal industry. The event was designed to build on “The Ask, Part I,” hosted earlier in the year by the SDLC. The Ask, Part II was held at the La Jolla Country Club with over 100 professionals in attendance. The evening…
A young professional is not simply young and inexperienced; the term connotes a deeper, more specific meaning and a description – albeit an overgeneralized one – of my generation of millennials as a whole. Urban dictionary (yes, I am quoting urban dictionary in a legal newsletter) defines a young professional as: “a recent college graduate whose main objectives in life include: career advancement, becoming financially secure…
Last month the federal district court of Nevada granted United States Liability Insurance Company (USLI) summary judgment in an action filed against USLI for bad faith denial of a claim. Tyson & Mendes represented USLI in this case. The lawsuit centered around USLI’s denial of coverage for damage to the claimant’s property based on exclusionary language found in the insurance policy.
Tyson & Mendes held its second internal “Women Supporting Women” event for the firm’s San Diego attorneys and staff on August 29, 2018. The firm gave attendees the opportunity to submit questions anonymously prior to the event in order to collect the points of discussion the women wanted to address during the event.
The most overt display of sexism I have encountered as a professional occurred during my first trial. As a young associate, I was reassigned from second chair to lead counsel on the eve of trial. The insecurity and anxiety I felt cannot be emphasized enough, and the palpable glee of opposing counsel when they learned a “baby attorney” was trying the case at the last minute certainly did not help.
When Tyson & Mendes first launched its Women’s Initiative, topics of discussion largely revolved around the importance of establishing a work-life balance, dedicating time to focus on self-care, and healthily managing often conflicting career and personal obligations. While feedback was positive, participants were left with one main question after these lessons: how do I navigate the conversations I need to have in order to achieve this balance?
In 2018, Tyson & Mendes will shine a spotlight on our female attorneys to celebrate their hard work, achievements and contributions to the firm. This month, Mina Miserlis joined Bob Tyson and Pat Mendes as the firm’s third Equity Partner since its inception in 2002. We could not think of a better candidate to kick off our series!
Last week the California Court of Appeal issued another huge victory to defendants by extending the reach of the landmark California Supreme Court Howell v. Hamilton Meats case to include future medical benefits under the Patient Protection and Affordable Healthcare Act (“ACA”). In 2011, Howell sent shock waves through the insurance industry when the Court examined the “billed vs. paid” rule and concluded an injured plaintiff is limited to recovering the discounted amount private health insurance pays on their behalf for as past medical damages, not the inflated amount medical providers bill health insurance companies for their services. (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541.) In 2013, the California Court of Appeal extended Howell‘s “paid” rule to apply to future medical expenses and noneconomic damages. (Cornenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1331-1333.)
Seattle Partner Levi Bendele and Associate Colin Hutchinson-Flaming defeated a pair of Super Lawyer plaintiff attorneys in King County Superior Court in a six-day, admitted liability, rear-end accident jury trial. The defense trial team employed the Tyson & Mendes defense methods to obtain a verdict of $7,850 when plaintiff’s attorneys asked the jury for $275,000. Months before trial, plaintiff walked out of mediation after reducing her final demand to defendant’s policy limits of $100,000.
Northern California Partner Jim Sell and Managing Partner Bob Tyson teamed up to defeat one of the most well-known plaintiff’s attorneys in California, Roger Dreyer of Dreyer Babich. Dreyer sought $6,000,000 in this admitted liability, three week jury trial in Napa, California. This included almost $2,000,000 in past and future medical expenses for back and neck surgeries the plaintiff underwent and will need in the future. The lowest settlement demand just before trial was $4,000,000. On Thursday, May 26, 2016, the jury returned a verdict of only $389,000, and plaintiff was found 40% at fault. After post-judgment reductions, the plaintiff may end up owing the construction company client money!
I know, I know – as a claims professional you do not want to give a dime at mediation! But in order to get what you want, you need to give a little bit. I am not even referring to money. We all know money is the primary motivator of claimants and plaintiffs, so if you are not willing to throw money at them, you need a strategy to bring them into the realm of reality to reach a reasonable resolution at mediation. Let’s take a look at what you can give your opponent in order to get the settlement you want.