Attorney Articles

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Associate Editor of the American Bar Association Litigation News, authored an article on a recent decision of the Florida Supreme Court that held caps on non-economic damages in medical malpractice cases are unconstitutional. In Estate of Michelle Evette McCall v. United States, the decision by the highest court in Florida makes it the eighth state in the country to strike down statutorily enacted medical malpractice…

September 15, 2014 By Pamela Sakowicz Menaker, Litigation News Contributing Editor – June 2, 2014 A cap on non-economic damages in wrongful death medical malpractice cases is unconstitutional, according to the Florida Supreme Court. Florida becomes the eighth state supreme court to strike down statutorily enacted medical malpractice damage caps. The others are Alabama, Georgia, Illinois, Missouri, New Hampshire, Oregon, and Washington, according to the American Association of Justice (AAJ). The Florida legislature approved a…

Senior Partner and monthly columnist for the Chicago Lawyer Magazine Robert A. Clifford of Clifford Law Offices wrote his February, 2012 column called, “Navigating the Waters of Mediation.” In this article, Clifford gives advice to his colleagues on how to properly approach mediation proceedings. Clifford advises lawyers to focus on a few main points, including the determination of the proper point in litigation to pursue mediation, allowing the client to be present for the mediation,…

Robert A. Clifford, Senior Partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his October, 2012 column entitled “Granite State, Granite Heart.” In the article, Clifford explains the dangers that come with a new medical malpractice law recently passed by the New Hampshire state legislature. In 2012, New Hampshire became the first state to approve what is known as an “early offer program” pertaining to medical malpractice litigation. Under this…

We don’t absolutely know who shot down Malaysia Airlines Flight MH-17, killing 298 persons including at least one American citizen, or why they did it. We do know we need to take immediate steps to prevent such an “outrage,” as President Obama called it Friday, from happening again. Shooting down a civilian jet is unacceptable in modern times. Irina Tipunova, 65, told reporters how the body of a woman crashed through her roof. Everything in…

Robert A. Clifford, senior partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his July, 2014 column entitled, “Arbitration Mandate Fails PR Test.” In this article, Clifford condemns the recent efforts of General Mills to force binding arbitration on anyone who “liked” one of its products on Facebook, downloaded a coupon, subscribed to an e-mail newsletter or simply purchased a product. Public outcry followed, so General Mills reversed their course…

Robert A. Clifford, senior partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his July, 2012 column entitled, “Offering the Personal Touch.” In the article, Clifford gives his opinion on how lawyers throughout the country should interact with their clients in a time when the expectations and needs of individual clients are evolving. Clifford explains that money damages, no matter what amount, are never enough to put a client in…

Robert A. Clifford, senior partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his August, 2012 column entitled, “When An Offer Is Not An Offer.” In the article, Clifford discusses the need to recognize legitimate settlement offers by defense counsel. Clifford points out that insurance carriers have a duty to act in good faith when a claim is covered by an insurance policy. Clifford concludes that the “duty to settle,”…

Robert A. Clifford, senior partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his December, 2013 column entitled, “Laws Evolve on Phones and Driving”. In the article, Clifford discusses a new Illinois law that took effect on January 1, 2013 making it mandatory that cellphone use by drivers must be “hands free,” leaving Illinois as the 12th state to enact such legislation. Clifford also talks about a case in New…