Archive for the ‘Mass Torts’ Category

Faces Of Fear?

At the health club I belong to there are banks of TV’s suspended from the ceiling for viewing while sweating away on every different type of cardio machine known to man. I often use my lunch break to exercise and it is not uncommon to see TV ads for lawyers appear on one or more of the screens at any given time. Nothing remarkable about that. This past week, though, something caught my attention and got me thinking. It was an ad, cleverly disguised as a public service announcement, with a clear negative message targeting your profession.

The “ad” shows an indoor basketball court with a bunch of kids shooting baskets and a young woman on camera narrating. She talks about how she used to work with children in a facility just like this until it was sued and forced to close. While she is talking, the youngsters disappear from the screen one by one. Her message, “stop frivolous lawsuits”. Of course, no details of the case were presented, only a plea to visit www.facesoflawsuitabuse.org .

Who is backing this? A very credible sounding organization known as The U.S. Chamber of Commerce’s Institute for Legal Reform (which has its own website www.instituteforlegalreform.com ) .  Who is really backing it? No way of knowing for certain, but it is not hard to speculate. That is less important than the fact that this concerted and organized effort is out there feeding the fears of the uninformed in an effort to manipulate their support to not do business with you. What can you do about it? Keep your strong positive empowering TV commercials on and pervasive. Discuss with your local, state and national Bar associations, especially the American Association of Justice to develop strategies to counter these messages. Don’t wait. This is not going away anytime soon.

Are These Mines Or Are They Mine Fields?

Mass Torts.

As one might expect, we get approached on a regular basis by major firms handling various pharmaceutical and product liability cases.  They have correctly identified the fact that our network of top TV advertisers around the country represents enormous potential for gathering new cases to refer to them.  When it seems warranted, we arrange a conference call for the mass tort firm to present the “opportunity” to any of our clients who may have interest.

In many instances, a blast of mass tort TV ads produces a high volume of calls.  Through the screening process, the numbers get reduced.  Additional factors lower the numbers even more.  Sometimes, all that is left standing are a few accepted cases.  So, is it worth it?

I recently received this email:

“This has been an interesting campaign.  We received lots of calls that seemed to qualify as a good potential case.  Was very happy with the call volume and quality.  However, after having people tested we ended up with only two cases that any litigation law firm would take.  Had to agree to only a 30% referral fee in order to get that firm to take them.  Wasn’t looking good to even get our money back.

Last week we found out that one case got settled with one out of two of the defendants (the client used two denture cream products).  That one half of a case settled for $2.4 million.  Needless to say, we are all very pleased.

Thanks for holding the conference call MML. ”


We always leave the decision to pursue a particular type of case up to our licensees.  For those who opt to go ahead with one, it is not uncommon for it to work out well.