Some corporate franchisors try to have their cake (or, allegedly in this case, pizza pie) and eat it too when it comes to independent franchisees. Franchise agreements seek to control the franchisee as if it is an agent, but gain protection from liability that working with an independent entity affords. That independent contractor label can pose a difficult hurdle to holding a corporate franchisor liable for the actions of a franchisee. But, in Weiderhold v. Domino’s Pizza, Mark Avera proved the link to render Domino's Pizza liable for the actions of its franchisee pizza store, and the delivery driver involved in a catastrophic car crash. In the process, he secured a nine-figure verdict. 

Ray Persons tells jurors Robert Mathis did not show symptoms of lung cancer until after the November 21, 1996 cutoff date for Engle class membership during openings of trial against R.J. Reynolds for Mathis's death. 

Miami, FL—A Florida man who died of lung cancer after smoking 2 to 3 packs of cigarettes a day for nearly 50 years developed the disease after the bar date for filing a class action claim against the nation's tobacco companies,  an attorney defending R.J. Reynolds said Friday in the trial's opening statements. Mathis v. R.J. Reynolds, 2007-CA-47118. 

The Georgia Supreme Court’s reversal this month of a $4+ million asbestos verdict clarified the law of causation in asbestos exposure cases, limiting expert testimony on the issue. The ruling potentially makes cases harder to prove by requiring plaintiffs show evidence a defendant’s asbestos was at least a “meaningful contributing factor” to a plaintiff’s overall exposure. Scapa Dryer Fabrics, Inc. v. Knight et al., Case No. S15G1278 (July 5, 2016)., Case No. S15G1278 (July 5, 2016).

Daniel Smith delivers his opening statement at trial against Waste Services of Florida, whose 15-ton truck struck bicyclist, Thomas Truong, severely injuring him. 

Orlando, FL—A host of driver errors caused a 15-ton truck to hit a bicyclist, severely injuring him and putting the future of one of his legs in jeopardy, lawyers for the cyclist claimed as trial opened Tuesday against the truck driver and waste company that employed him. Truong v. Waste Services of Florida, 2013-CA-00353.

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