Onstad Blog

Aug 30

Written by: Rock Onstad
8/30/2011 11:39 AM 

 

            A person commits barratry if the person:
(1) knowingly institutes a suit or claim that the person has not been authorized to pursue;
(2) solicits employment, either in person or by telephone, for himself or for another;
(3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain employment as a professional from the prospective client;
(4) pays or gives or offers to pay or give a person money or anything of value to solicit employment;
(5) pays or gives or offers to pay or give a family member of a prospective client money or anything of value to solicit employment; or
(6) accepts or agrees to accept money or anything of value to solicit employment.
(7) is an attorney, and with the intent to obtain professional employment for the person or for another, provides or knowingly permits to be provided to an individual who has not sought the person's employment, legal representation, advice, or care a written communication or a solicitation, including a solicitation in person or by telephone, that concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication or solicitation is provided or a relative of that person and that was provided before the 31st day after the date on which the accident or disaster occurred;
 
            If any person hires an attorney or signs a contingent fee retainer agreement with an attorney, and any of the above conduct that constitutes barratry was committed to induce the person to hire the attorney, such person can bring an action to void the contract, and recover all fees and expenses paid to that attorney plus reasonable and necessary attorneys’ fees.
 
            If a person was solicited to hire an attorney by someone who committed barratry, and did not hire or retain the attorney for whom the solicitation was being made, that person may sue the attorney and recover $10,000 plus reasonable and necessary attorneys’ fees. Any person who has been the object of barratry can sue the attorney and recover $10,000 plus attorneys’ fees. This is new and should have a major impact on case running and ambulance chasing.

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VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

    Gross Amount  Client Recovery        Attorney Fee           Expenses Nature
$13,650,000 $8,055,000 $5,460,000 $135,000 Product Liability, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000 Premises Liability, Brain Injury, Water Park Slide (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000 Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$4,300,000 $309,000 $138,000 $13,000 Pilot Negligence, Airplane Crash, Wrongful Death (jury verdict)
$3,850,000 $2,373,000 $1,425,000 $52,000 Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000 Product Liability, Defective Pick-Up, Spinal Cord Injury (settlement)
$3,235,000 $2,361,250 $808,750 $65,000 Brain Injury, Federal Tort Claim, FAA Negligence (verdict) affirmed on appeal
$3,000,000 $1,724,000 $1,200,000 $76,000 Neurosurgeon Malpractice, Cauda Equina Syndrome (settlement)
$2,950,000 $1,731,000 $1,180,000 $39,000 Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
$2,900,000 $844,000 $694,000 $26,000 Auto Accident, Spinal Injury & Ankle Injury (jury verdict/settlement)
$2,800,000 $1,864,667 $924,333 $12,000 Premises Liability, Hotel Fire, Wrongful Death (settlement)
$2,500,000 $1,644,667 $833,333 $22,000 Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,300,000 $1,399,000 $960,000 $41,000 Medical Malpractice, Anesthesia, Brain Injury (settlement)
$2,300,000 $1,091,000 $920,000 $59,000 Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000 Cerebral Palsy, Medical Malpractice, Preeclampsia (settlement)
$2,200,000 $1,267,000 $880,000 $53,000 Construction Negligence & Insurance Bad Faith, Spinal Injury(settlement)
$2,200,000 $1,191,000 $880,000 $129,000 Product liability, subdural hematoma
$2,100,000 $1,462,334 $557,666 $80,000 Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000 $1,303,334 $666,666 $30,000 Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000 $1,106,887 $800,000 $93,111 Radiologist Malpractice, Brain Catheterization, Brain Injury (settlement)
$2,000,000 $976,484 $976,482 $47,034 Obstetrician Malpractice, Forceps Delivery, Brain Injury (settlement)
$2,000,000 $972,331 $972,669 $55,000 Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,900,000 $905,000 $950,000 $45,000 Clinic Failure to Supervise Impaired Physician, 4 Injured (settlement)
$1,900,000 $73,000 Pilot Error, Helicopter Crash, Wrongful Death (jury verdict-no insurance coverage)
$1,860,000 $978,518 $645,000 $137,480 Neurosurgeon Malpractice, Infection, Cauda Equina Syndrome (settlement)
$1,700,000 $1,130,730 $565,363 $3,907 Product Liability, Defective Refueling Coupling, Burns (settlement)
$1,500,000 $847,000 $600,000 $53,000 Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
$1,425,000 $900,310 $457,571 $67,119 Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000 $848,221 $503,552 $51,227 Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000 $718,689 $560,000 $130,522 Neurosurgeon Malpractice, Infection, Brain Injury (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000 Auto Trucking Accident, Spinal Injury (settlement)
$1,300,000 $718,689 $520,000 $26,000 Hospital Newborn Nursing Negligence, Visual Impairment (settlement)
$1,300,000 $285,000 $250,000 $33,189 Emergency Room Malpractice, Wrongful Death (jury verdict and settlement))
$1,237,000 $718,689 $400,000 $30,000 Cardiologist Malpractice, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455 Prolapsed umbilical cord, Hospital Obstetrics Negligence
$1,167,000 $594,086 $417,000 $72,513 Emergency Room Negligence, Heart Attack, Wrongful Death (settlement)
$1,150,000 $727,667 $383,333 $39,000 Obstetrician Malpractice, Group B Strep, Cerebral Palsy (settlement)
$1,111,000 $594,933 $444,400 $71,623 Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000 $770,000 $440,000 $25,996 Radiologist Malpractice, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000 $532,715 $478,991 $48,810 Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000 $630,000 $333,000 $36,000 Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
$1,000,000 $566,116 $400,000 $33,884 Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000 $477,500 $477,500 $45,000 Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement)
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