Friday, December 21, 2018

Judge Upholds $4.7 Billion Talc Verdict, Citing J&J’s ‘Reprehensible Conduct’

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New Evidence from the VA Explains Connection Between TBI and Pain

by HGD Staff

When people are injured in motor vehicle accidents or falls, they often suffer objective and visible physical injuries, such as broken bones and open wounds. However, there are sometimes invisible wounds that can only be diagnosed through the use of highly specialized diagnostic imaging, such as MRI or CT Scan technology. These can be difficult to identify and prove, but even more difficult to understand. People suffering from serious injuries may display complex symptoms. One type of injury that is frequently misunderstood is the traumatic brain injury (TBI).

In researching the effects of TBI on combat veterans, researchers with the U.S. Department of Veterans Affairs have made some remarkable findings regarding TBI and how those with TBI may experience pain in different ways.

If you have been injured and suffered a serious and life-changing TBI, call Heninger Garrison Davis, LLC to speak with a TBI injury attorney today.

Veteran Research Leads to Amazing Findings

VA research in 2018 revealed that veterans with moderate to severe traumatic brain injuries experienced greater incidence of chronic pain – in particular chronic headaches – than other veterans with similar physical conditions but without TBI. This lead researchers to focus on isolating the underlying causes of chronic pain in relation to TBI. The suggested findings are somewhat remarkable:

● With or without chronic pain, TBI disrupts the brain functions designed to interfere with pain perception.
● People with TBI may live with chronic neuropathic pain, despite physically recovering from their injuries.
● The more severe the TBI, the greater the chronic pain.

What Research May Mean for Accident Survivors

Naturally, TBI research has implications that far exceed just the context of military and veteran populations. For those attorneys who routinely represent injury victims and auto accident survivors, this research may be an early indicator that insurance companies are greatly underestimating the value of compensation in auto accident claims.

We typically think of an injury in tangible and physical ways. A broken arm costs a certain amount to fix, and the pain will last a certain amount of time. Therefore, compensation is focused on those tangible and reasonably identifiable measurements. However, when a person suffers from a TBI, they may have ongoing pain for years to come, perhaps even indefinitely, even long after the underlying injuries have resolved.

Therefore, when negotiating with insurance companies, an injured person or their attorney should focus on how the TBI may create lingering pain effects into the future. This should always be considered when discussing the valuation of an injury claim.

Typical TBI Symptoms

According to the Centers for Disease Control and Prevention (CDC), about 2.5 million people suffer from TBI each year. Many are the result of accidents, falls, assaults, and other major traumas. If you suspect TBI, keep an eye open for the following common symptoms:

● Nausea
● Headache
● Disorientation
● Changes in behavior or mood
● Perception issues
● Loss of manual dexterity
● Balance issues (vertigo)
● Changes in taste or smell

How an Experienced TBI Injury Lawyer can Help

At Heninger Garrison Davis, LLC, our team knows TBI. When you hire our firm, we will quickly work to gather crucial pieces of evidence that help to establish how and why you suffered a brain injury. We will work closely with your medical providers and even work with medical experts in the field to help establish the nature and extent of TBI and how it will likely affect you in the future.

With decades of combined experience, you can count on us to handle your case with care. With offices throughout the country, we have teams available to work with you in New York, New Jersey, Alabama, and Georgia. Perhaps this is why attorneys from all over the country refer clients to Heninger Garrison Davis, LLC, and our attorneys represent clients throughout the country, obtaining excellent verdicts and settlements. Many of our clients come to us after being turned down by other firms or after being told they could not recover.

If you need help with your case or you are an attorney with a client suffering from a complex TBI, call our firm to discuss further. We never charge for consultations, and our team has the resources and skill needed to handle even the most complex cases. So call or visit us online to get started today. 1-800-241-9779.

Read more here. 

 

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Thursday, December 20, 2018

Taylor Bartlett, Chris Hood, and Amanda Williamson All Named Partners at Heninger Garrison Davis, LLC

Taylor Bartlett, Amanda Williamson, and Chris Hood

HGD is pleased to announce that it will begin 2019 with three new partners. Taylor Bartlett, Chris Hood, and Amanda Williamson have been overwhelmingly endorsed for partnership.

 
Taylor Bartlett represents clients in complex litigation involving significant damages claims at both the trial and appellate levels. He has extensive experience in consumer class actions and pharmaceutical mass tort litigation. Since joining the firm in 2011, Taylor has successfully represented over 5,000 individuals and businesses throughout the United States. Taylor has also been appointed as class counsel on multiple consumer class action lawsuits that resulted in settlements to the classes of over $25 million. Taylor obtained his undergraduate degree in Mechanical Engineering from Auburn University in 2007 and he received his J.D. cum laude from Cumberland School of Law in 2010. Taylor and his wife Laura are residents of Redmont Park in Birmingham and are members of St. Luke’s Episcopal Church. They are proud parents of a Labrador named Louie. Taylor has an active interest in classic cars and enjoys spending time behind the wheel as President of the Mountain Brook Driving Club.

Chris Hood has been a member of the firm’s mass tort group since 2008, and he devotes his practice to consumer and environmental class actions, fraud and business torts, and personal injury or death caused by dangerous prescription medicines and medical devices.  He also handles appeals in many of the firm’s major cases.  He lives in Vestavia Hills and is a member of the Birmingham Bar Association, the American Bar Association, the Alabama Association for Justice, and the American Association for Justice.  He graduated from UNC-Chapel Hill and Georgetown University. Chris, along with HGD partners Lew Garrison and Jim McDonough, represents corn farmers in the first CAFA mass action in the country involving genetically modified corn seeds.  He also serves with other HGD attorneys as counsel for a proposed class of 12,000 retired employees of Allstate.  These are two of his key active cases.

Amanda Williamson represents clients injured by harmful medical drugs and devices, defective products, and fraudulent practices. She has years of experience in national mass tort consolidation. Amanda was appointed to the Plaintiff’s Executive Committee in In re Depakote where she represented children with serious birth defects against the manufacturer of the drug Depakote. Amanda’s practice also focuses on other personal injury cases including medical negligence and nursing home abuse where she has obtained multi-million dollar verdicts for her clients.  She graduated with honors from The University of Alabama with a Bachelor of Science in Commerce and Business Administration. She then attended Cumberland School of Law where she was a member of the American Journal of Trial Advocacy. She joined Heninger Garrison Davis, LLC in 2011.

 

HGD appreciates their commitment, respects their character and looks forward to working alongside them in their new roles.

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Wednesday, December 19, 2018

UChicago Pre-Law Students Visit HGD During Civil Rights Tour

HGD welcomed 21 pre-law students from UChicago for lunch during their week long civil rights tour of Montgomery and Birmingham. The visit was organized by Claudia Macias-Retson, Senior Assistant Director of UChicago Careers in Law, and HGD’s Honza Prchal, a UChicago Alumnus. Tim Davis, Managing partner, welcomed the group and discussed the practice of Intellectual Property law. Erik Heninger and Bill Bross also spoke with the group about different types of law and fielded questions about how civil rights issues affect the day to day practice.

The UChicago students visited the Legacy Museum in Montgomery, the Birmingham Civil Rights Institute, and Birmingham’s historic Kelly Ingram Park among other sites during their visit. The University of Chicago is an urban research university that has driven new ways of thinking since 1890.

 

 

 

 

 

 

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Tuesday, December 18, 2018

HGD Welcomes Restoration Academy 4th Grade Musical Group

December 18, 2018

HGD had the pleasure of enjoying Restoration Academy’s 4th Grade Class performing several Christmas musical selections for our downtown Birmingham office today. Under the direction of Kimberly Jones, Restoration’s Elementary music teacher, the students were celebrating Polar Express day, dressed up in pajamas and festive holiday attire.Ty Williams, Restoration Academy’s Director of Development & Community Affairs, introduced the group along with their classroom teacher, Elizabeth Ragland.

L-R: Elizabeth Ragland, 4th Graders, Tim Davis, Ty Williams, and Kimberly Jones.

Restoration Academy was started in 1988 by Dr. Anthony Gordon and Sharon Gordon. They founded the school in response to divisive forces such as crime and violence that had ensnared many of the young people at his church and in his community. Their goal was to provide a quality, private education to predominantly lower-income families. They believed that every child should at least have access to a quality education.

Ty Williams introduces the group

To this day, the school has stayed committed to Dr. Gordon’s vision by making a quality and Christ-centered education available to children in grades K5–12. In 1999 the school relocated to the Fairfield community and is now a vital and integral part of the Western area of town.

Kimberly Jones directing the students

 

Restoration Academy 4 Graders performing

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Monday, December 17, 2018

HGD’s Drew Haskins and Jeff Leonard speak at National Business Institute Conference

Jeff Leonard and Drew Haskins spoke as faculty members at the National Business Institute CLE Seminar in Birmingham, Alabama, “Building Your Civil Litigation Skills.”

HGD Partner – Jeff Leonard

Jeff Leonard’s presentation, Preparation – Trial Will Not Go Well Unless You are Well-Prepared, used the metaphor of football and expanded from there:

“Trial is similar to football . . . if it were a one-game season.  You must organize, review, prepare, summarize, and practice beforehand. You must know all the facts.  You must even coach your own players (your witnesses) before the game; and get into the head of opposing players (their witnesses). No foreseen eventuality (on-side kick or evidentiary dispute) should be left to chance.  If you have prepared, trial should be fun, not an anxiety-filled week of all-nighters. As a reward for the days or weeks of hard work and preparation, you get a trial much like a football player gets a Saturday game and the opportunity to hit opposing players. Preparation is key.”

Read more about Jeff Leonard Here

HGD Attorney – Drew Haskins

Drew Haskins spoke on tactics used in jury selection. At Heninger Garrison Davis, our lawyers and staff are thinking about and preparing for trial from the first client interview.  We take the time and pay close attention to the details of each client’s case, always with trial preparation in mind, whether a case actually goes to trial or not.  It’s this committed and creative approach to each case that makes our firm unique and successful.

Read more about Drew Haskins Here.

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Thursday, December 13, 2018

Six Key Regulations Applicable to Trucking Accident Cases

by HGD Staff

 

Every year, thousands of people are injured in accidents with semi-trucks throughout America. Many of these injuries arefatal, leaving families to suffer the loss of a loved one, as well as a drastic drop in family income. Trucking accident cases are different than auto accidents for a number of reasons. Perhaps the most distinct difference is the number of federal and state regulations that apply to the trucking industry. Among these federal rules, here are six particular rules that injured motorists should understand if involved in a collision with a commercial truck.

 

Hours of Service

 

Hours of service rules are much more complicated than they initially seem. Without oversimplifying them, the general principles work like this. Over-the-road interstate truck drivers must follow rules for how long they can drive and work in a given period of time. Unlike most people, truck drivers work 24/7, so their sleep schedules often get interrupted, and they may find themselves working all sorts of hours, day or night. The rules are slightly different depending on whether the vehicle is a cargo truck or passenger vehicle, like a bus. For most tractor-trailers, the rules are:

 

  • 11-hour Rule: Drivers must not drive more than 11 hours within a work period.
  • 14-hour Rule: A work period totals no more than 14 hours (including up to 11 hours of drive time).
  • 10-hour Rule: Once the driver finishes his or her day, they will need 10 hours of off-duty time for sleep and rest before he or she can start work again.
  • 8-hour Rule: Drivers can not drive for more than eight straight consecutive hours without taking at least a 30-minute break.

 

A driver records his or her work and drive time via log books. Compliance with hours of service requirements can now be recorded electronically by e-logs. Many large companies are moving toward e-logs as a way to reduce the chance of driver error.

 

Inspections

 

Per Section 396.11 of the Federal Motor Carrier Safety Regulations (FMCSR), drivers must complete pre- and post-trip inspections each day in operation. This means that before the driver gets behind the wheel each day to drive, he or she must perform a thorough walk-around of the vehicle, checking things like brake lines, tire pressure, fluids, trailer tandems, and the load (if applicable). At the end of each day, the same things must be done. The driver must complete and turn in a driver vehicle inspection report and turn it in to the company.

 

Cell Phone Use

 

Regardless of your state’s cell phone laws, interstate truck drivers are strictly prohibited from using a handheld device for any purpose. This means no texting, no talking, no surfing, and no GPS. They can mount the phone, and Bluetooth is acceptable. But any use of a handheld device is illegal, regardless of local or state laws.

 

Alcohol and Drug Use

 

Trucking companies must have an alcohol and drug testing compliance program in place. Even owner-operators have specific reporting rules. The key guidelines, however, say that after an accident, the trucking company must test the driver for drugs or alcohol. Likewise, state laws set the threshold for impairment much lower than for the general public. For instance, in New York, 0.08% is the blood alcohol concentration at which the law presumes impairment. It is only 0.04% for CDL truck drivers.

 

True and Accurate Maintenance Records

 

Trucking companies must also maintain proper and accurate records of maintenance. In 2018, most large trucking companies now automate their maintenance logs and maintain them as electronic systems, much like medical records. They are kept in the regular course of business and are subject to subpoena or discovery in litigation.

 

Accident Records

 

Motor carriers are required to maintain certain specific records and information regarding accidents and crashes. Among this information, carriers must keep insurance information, crash reports, and other documents that are requested by the federal government. These reports must be made to the Federal Motor Carrier Safety Administration (FMCSA), at which time much of the information is subject to request by the general public through a Freedom of Information Act (FOIA) request.

 

Getting Skilled and Experienced Advice After a Trucking Accident

 

After a trucking accident, you can not afford to take your time. Trucking companies will quickly begin cleaning up the mess, destroying evidence, repairing the truck, and taking steps to avoid any liability. The sooner you call an attorney with trucking crash litigation experience, the sooner an attorney can begin protecting your rights. Call Heninger Garrison Davis, LLC today to schedule a free consultation. We will listen and offer advice, and we only take a fee if we succeed.

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What Every Caregiver Should Know About Bedsores

by HGD Staff

If you have made the difficult decision to place a loved one in a nursing home, you may be concerned about the quality of care and medical treatment he or she will receive. Perhaps you have heard horror stories about abuse or neglect around the country and want to make sure your elderly loved one is protected.

Heninger Garrison Davis, LLC helps families deal with the terrible consequences of nursing home abuse throughout Alabama and Georgia. We routinely help our clients secure financial compensation when these facilities and their owners put money before residents, and we know what it takes to get justice for seniors.

What are Bedsores?

Perhaps the most common injuries suffered by elderly nursing home residents, bedsores are serious wounds that can be life-threatening. The medical term for a bedsore is a “decubitus ulcer” or “pressure ulcer.” A bedsore is caused when the skin above a bony prominence, such as a tailbone, elbow, or hip bone, is exposed to pressure for an extended period of time. When a person is left in one position with weight is on his or her tailbone, eventually even a healthy person can develop a bruise in that area. Deep beneath the skin, the tissue begins to break down, and ultimately, if not properly treated, the skin will open, exposing a wound.

What are the Main Causes of Bedsores?

While there are rare situations in which pressure ulcers are due to trauma – falls, etc. – in most cases the cause is poor care. The risks go up when the patient has other risk factors. Major risk factors include:

  • Poor nutrition
  • Dehydration
  • Certain medical conditions
  • Immobility
  • Being bed-bound
  • Dementia (may forget to move around)
  • Certain cancers

Here are a few scenarios that often lead to the development of pressure ulcers in nursing homes:

  • Failure to reposition the resident
  • Leaving a resident in wet and damp clothing or diapers
  • Leaving dirty or soiled linens exposed to a wound
  • Improper lifting and moving (friction injuries)
  • Failing to use appropriate prevention methods
  • Failing to use appropriate beds or tools to help alleviate wounds

What can be Done to Prevent Bedsores?

As a family member, it is important to remember that you should never try to lift, reposition, or move your loved one in a nursing home. You should always ask the staff to assist with these things. However, if you find that your loved one is soiled frequently or left in dirty clothing, you should address this, as it means two things – the wet clothing could make wounds develop faster and lead to infections and it could be a sign or poor staffing levels, as staff do not have time to get to all the patients during their shifts.

Here are some simple steps that nursing homes can and should use to help avoid pressure ulcers:

  • Low air-loss mattresses. These help to prevent pressure from building up in one part of the body.
  • Proper lifting and moving techniques
  • Frequent and regular repositioning schedules
  • Ensuring proper hydration
  • Ensuring proper nutrition

Checking for Bedsores

As a family member, you have an opportunity to make a difference. If you visit your loved one often, you may notice certain red flags that serve as warning signs for bedsores. These include:

  • A smell of meat or rotten flesh. This is a common scent when an open wound is untreated
  • Bandages or coverings that hide the tailbone, collar bone, elbows, knees and hips, or heels.
  • Heel protectors being used
  • Signs of wound dressings in trash
  • Other residents or their families discussing bedsores

What to do if You See or Suspect Bedsores

First and foremost, never try to render medical care unless you are licensed to do so. More importantly, you should take your concerns directly to the administrator of the facility. Make them aware of the problem and find out what they plan to do to correct the problem. Give the facility a chance to address the problem and hopefully implement strategies to fix it. If nothing changes, you may need to look at getting a transfer to a different facility.

Are Bedsores Preventable?

Absolutely. In the vast majority of cases, they are preventable. In fact, the federal government acknowledges this. Under Medicare rules, there are certain healthcare acquired conditions that are generally regarded as “never events.” This means that unless completely unpreventable, these events should never occur in a nursing home or healthcare environment. Bedsores are on the list. If a patient or nursing home resident acquires a preventable bedsore, then Medicare will generally decline to pay for the charges associated with correcting it or healing it. Therefore, nursing homes will often go to great lengths to make it look like they followed all the right procedures to prevent the wound. Sometimes this even means falsifying medical records.

Obtaining Compensation

If your loved one is suffering from painful wounds or has died due to a sepsis infection or some other related condition, contact Heninger Garrison Davis, LLC to discuss your options. You and your family may be entitled to significant compensation. The call is free, but do not wait too long. Time is limited for pursuing justice.

 

 

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Wednesday, December 12, 2018

HGD Donates Computer Monitors and Equipment to Birmingham Education Foundation

 

L-R: Lori Prince, Mary Phillips, Honza Prchal, Brad Jennings with Ed, Brian Stack, and Bill Bross

 

In our ongoing community partnership with Birmingham Education Foundation (Ed), HGD donated computer monitors and equipment to Birmingham Education Foundation to support and enhance the classroom experience of Birmingham City School students.

HGD is thankful for all the hard work that Ed does to support our Birmingham students. Ed is dedicated to increasing the number of students in the Birmingham City Schools that are on the path to college, career, and life readiness. Ed believes that this is only possible by cultivating a diverse network of people who demand excellence for our students and inspire others to do the same. HGD is proud to be a community partner with Birmingham Education Foundation in this endeavor.

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Friday, December 7, 2018

HGD Files Class Action Lawsuit Against Virginia College

December 5, 2018

Birmingham, Alabama

Until December 5, 2018, VIRGINIA COLLEGE and Education Corporation of America, both Alabama headquartered companies, operated and ran one of the largest for-profit colleges in the United States including one located in Jefferson County, Alabama at 488 Palisades Blvd, Birmingham, AL 35209.  On the evening of December 4, 2018, the Accrediting Council for Independent Colleges and Schools suspended VIRGINIA COLLEGE and Education Corporation of America’s accreditation making all degrees previously earned valueless and any future degrees worthless also.  As a result of the lack of accreditation, VIRGINIA COLLEGE and Education Corporation of America could no longer seek federal funding thus effectively shutting down their businesses.  As a result of the lack of accreditation, course work performed by Plaintiff Robinson and the Class are not recognized by other higher education providers which will require them to repeat and repay tuition for the same coursework at another institution in order to obtain degrees.

As of this morning, December 5, 2018, VIRGINIA COLLEGE and Education Corporation of America closed all campuses nationwide leaving students and employees helpless.  Until December 5, 2018, Education Corporation of America operated more than 75 campuses and had at least 20,000 students enrolled in courses including cosmetology, culinary arts, massage therapy, medical assistant, and dental assistant.  On December 5, 2018, VIRGINIA COLLEGE and Education Corporation of America abruptly closed their doors without warning current or former students and falsely blaming the Department of Education for the closures.  Former students who graduated with degrees now have those degrees tainted and devalued.

On December 5, 2018, Taylor Bartlett, Mark Ekonen, and W. Lewis Garrison of Heninger Garrison Davis filed a lawsuit on behalf of a former student who obtained three degrees from Virginia College.  Our plaintiff alleges that current students who have paid tuition to VIRGINIA COLLEGE and Education Corporation of America have no chance of obtaining any degrees from VIRGINIA COLLEGE or Education Corporation of America and thus their tuition payments paid to date provided them no benefit.  He also alleges that VIRGINIA COLLEGE and Education Corporation of America are liable to former students for some of the tuition paid while VIRGINIA COLLEGE and Education Corporation of America are liable to current students who have not yet obtained the degree they are seeking for their entire tuition payments.

The lawyers of Heninger Garrison Davis are looking for additional clients in any state who may have been impacted by Virginia College, Brightwood Career Institute, Ecotech Institute, and Golf Academy of America closures.  We are here to help and will speak with you free of charge.  We never get paid unless we recover something for you and it will never come out of your pocket.  Call us at 1-800-241-9779 or email us at intake@hgdlawfirm.com.

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Heninger Garrison Davis Named to Best Law Firms 2019 by US News and World Report

12/1/2018 Birmingham, Alabama

Heninger Garrison Davis, LLC has been recognized by U.S. News and World Report and Best Lawyers® as a “Best Law Firm for 2019.” HGD is recognized with Tier 1 rankings in the following areas:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

U.S. News & World Report and Best Lawyers®, for the ninth consecutive year, collaboratively announce the release of the “Best Law Firms” rankings.

Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

“U.S. News has more than 30 years of experience evaluating complex institutions and their service to consumers,” said Tim Smart, executive editor at U.S. News. “Law firms perform a vital role in American life, and ranking them is a key extension of our overall mission to help individuals and companies alike make important decisions.”

The 2019 rankings are based on the highest number of participating firms and highest number of client votes received on record. To be eligible for a ranking, a firm must have a lawyer recognized first in The Best Lawyers in America, which recognizes the top five percent of practicing attorneys in the U.S. Over 16,000 lawyers provided more than 1,125,000 law firm assessments, and almost 12,000 clients provided more than 107,000 evaluations.

“For the 2019 ‘Best Law Firms’ publication, the evaluation process has remained just as rigorous and discerning as it did when we first started almost ten years ago.” says Phil Greer, CEO of Best Lawyers. “This year we reviewed 14,643 law firms throughout the United States – across 75 national practice areas – and a total of 2,118 firms received a national law firm ranking. We are proud that the ‘Best Law Firms’ rankings continue to act as an indicator of excellence throughout the legal industry.”

Ranked law firms, presented in three tiers, are listed on a national and regional-based scale. Firms that received a tier designation reflect the high level of respect a firm can earn among other leading lawyers and clients in the same communities and practice areas.

Awards were given in 75 national practice areas and 122 metropolitan practice areas. Additionally, one “Law Firm of the Year” is named in 74 nationally ranked practice areas.

The 2019 Tier 1 national and metropolitan rankings will be featured in the “Best Law Firms” General Counsel Publication, which will be distributed to more than 30,000 in-house counsel, and in digital format to more than 60,000 private practice lawyers worldwide.

The 2019 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com.

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ABOUT “BEST LAW FIRMS”

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a 2019 ranking, a law firm must have at least one lawyer recognized in the 24th Edition of The Best Lawyers in America list for that particular location and specialty.

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