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Morgan & Morgan is a leading personal injury law firm dedicated to protecting the people, not the powerful. We take pride in the fact that we do not represent insurance companies, hospitals, or other large corporations. We have limited our law practice to the representation of the people, covering a wide range of personal injury and consumer protection cases.

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With decades of experience, more than 500 lawyers, and a support staff of over 2,600 employees, our firm has helped more than 100,000 clients nationwide. In their efforts to protect the people, not the powerful, our attorneys have established themselves among defense attorneys and insurance providers alike as leading trial lawyers.

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At Morgan & Morgan, our attorneys are proud of the positive feedback we’ve received over the years regarding the quality of our work and commitment to our clients’ needs. If you are looking for an attorney, hear what our former clients have to say.

"I was T-boned and called for help. Paralegal Theresa Presley and attorney Clay Mitchell took over everything. I didn't even have to drive to them (I was injured). They did every single thing behind the scenes, from my perspective. I got twice as much as expected from my settlement AND they sent me to the absolute best doctor I could have ever asked for. They were professional, warm, assuring, informative, and continued to exceed what they had promised. Thank you. I would never go elsewhere. I wish I could give 10+ stars."

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Firm News

After years of lawsuits and negotiations, farmers whose livelihoods were impacted by Dicamba herbicide are finally receiving justice. A number of them had faced serious financial losses to their yields season after season because the herbicide had a propensity to drift and damage their crops. 

Although Monsanto and BASF — a chemicals corporation — developed Xtend crops, which were genetically modified to be resistant to dicamba herbicides, dicamba remained highly lethal to crops that were not genetically modified. To make matters trickier, dicamba is prone to vaporizing, or volatizing, and drifting through the air, affecting crops miles away from its site of application. When it drifts, crops in the vicinity can be seriously harmed, and farmers could suffer yield losses, which means they lose a lot of money. 

After the Xtend crop system was brought to market in 2016, the number of complaints of crop damage caused by off-target dicamba exploded. Thousands of farmers have made such complaints over the past few years — what was once a rare occurrence has now become all too routine. 

Farmers Demand Justice

After facing economic losses due to dicamba’s effect on their crops, affected farmers are banding together to file lawsuits. These lawsuits usually target the Dicamba manufacturer, not the farmers who applied the product. 

In November 2017, Morgan & Morgan attorney Rene Rocha filed a motion asking for the coordination of these lawsuits as a multidistrict litigation, or MDL. Coordination through an MDL allows complex cases with a large number of plaintiffs, like this one, to be prepared, negotiated, and litigated in a more streamlined way. 

With today’s announcement of a $400 million settlement, long-suffering farmers will finally receive financial compensation for the damage they have experienced.  

“This settlement is the result of years of hard-fought litigation,” attorney Rene Rocha said. “It will provide much-needed relief to thousands of farmers who have been affected by off-target dicamba, and resolve disputes that have roiled agriculture for the better part of a decade.” 

Farmers Still Suffering Losses 

Not all farmers whose yields were harmed by Dicamba have filed a lawsuit. 

The signs of Dicamba crop damage include: 

  • Twisted leaves
  • Upward cupping on leaves
  • Narrow, strap-like leaves on the youngest growth
  • Aboveground roots on the stems of some annual flowers

A farmer who has suffered from dicamba damage at any time between 2015-2020 may be eligible to participate in this settlement. You can find out if you qualify by giving us a call for a free, no-obligation consultation. 

Morgan & Morgan is proud to fight on behalf of America’s farmers, and we want to fight for you too. So call today; we’re ready to go to work. 

June 29, 2020

With protesters across the country getting arrested for exercising their Freedom of Speech, there has been a massive influx of donations to bail funds over the past ten days.

The Orlando-based Community Bail Fund, founded by Matt Morgan in February, is no exception. It’s now raised more than $200,000 in bail funds: $100,000 in donations, and $100,000 matched by the Morgan family. The family will continue matching donations until the fund hits the $250,000 mark.

In an interview with WFTV’s Karla Ray on Wednesday, Morgan discussed how devastating something as simple as not making bail can be.

“The impacts of that across your entire life are overwhelming,” he said. “You’re not going to go to work, so you’re going to lose your job. You’re not going to be able to pay your rent, so you lose your housing. Most times you’re going to take a quick plea deal, which is going to be on your record for life and make it really difficult for you to get a job in the future.”

Bail funds raise money to post bail for low-level, nonviolent offenders so they can get out of jail while they await trial. Morgan says the Community Bail Fund has now helped release 100 people from jail. That’s 100 people who could have lost their jobs or homes if not for the fund.

Many people consider the bail system to be unfairly punitive to low-income people. In the WFTV segment, Aramis Ayala, State Attorney for the Ninth Judicial Circuit Court, said, “Poor people should not just be sitting in custody pre-trial, when wealthier people who may have done more violent crimes are walking amongst us.”

Ayala also cited over-policing and jailing people for low-level crimes such as petty theft, trespassing, or drug possession as being counterproductive. “When you are over-policing and increasing the possibility of incarceration for low-level crimes, you increase the possibility of having encounters, and therefore violent encounters, and in this case that we’re seeing nationally, deadly encounters with law enforcement for nonviolent type things.”

One such encounter, the murder of George Floyd by four members of the Minneapolis Police Department, has sparked outrage and calls for criminal justice reform. Thousands of Americans have protested in all 50 states, and many have been arrested for breaking curfew or for unlawful assembly.

As a result, bail funds have seen a flood of donations from people who want to aid protesters and support their cause from afar. The Minnesota Freedom Fund raised $20 million in just four days, so much that it started diverting donations to other organizations.

The Community Bail Fund hasn’t hit seven figures yet, but the funds it’s raised have been significant, perhaps even life-saving. You can donate to the fund here.

June 5, 2020

Click Here to Sign John Morgan's Change.org Petition to Fix Florida's Unemployment System.

John Morgan has made Ron DeSantis an offer he may not be able to refuse. Now he needs your help in convincing Florida’s governor to let him fight For the Unemployed.

In a video posted online Tuesday, Morgan offered to deploy his army of attorneys, free of charge, to file a lawsuit against the company that built Florida’s unemployment system. The online system cost $77 million and has been completely overwhelmed by the 1.5 million Floridians who have filed for unemployment since mid-March, with more than 1 million new claims in just the past three weeks.

Now Morgan has launched a Change.org petition, Fix Florida’s Unemployment System, “to urge Gov. DeSantis to engage at no cost my firm… to try and recoup the $77 million that we Florida’s taxpayers spent on a lemon.”

“We got ripped off,” the petition adds.

The term “lemon” evokes lemon laws, also known as breach of warranty laws, which protect consumers who have purchased defective products (often cars, boats, or appliances). In this case, it seems the consumer/plaintiff would be the state of Florida, while the defendant would be the company or companies that created the CONNECT unemployment system and sold it to the state.

When a breach of warranty lawsuit is successful, the plaintiff recovers the full cost of the defective product they purchased, plus the costs of any attempted repairs.

Morgan says that many Floridians are relying on unemployment to feed their families and keep their lights on. “Florida’s broken unemployment system is only adding to the stress,” he writes. “Floridians deserve their $77 million back. That’s $77 million that could go back into the unemployment pot and go to families in need.”

The comments section below the petition paints a bleak portrait of the state’s unemployment crisis. Florida man Stephen Heroux writes, “I applied for PUA on 3/29/20. I sat there pending for over a month. We were then told we had to re-apply and get declined for a second time before the PUA link would be available. I’m going on 6 weeks of waiting and nothing.”

By some accounts, the CONNECT system was designed to fail by former Governor (now Senator) Rick Scott. “It’s a s*** sandwich, and it was designed that way by Scott,” an anonymous DeSantis advisor told Politico. “It was about making it harder for people to get benefits or keep benefits so that the unemployment numbers were low to give the governor something to brag about.”

Joe Gruters, a Republican State Senator and chairman of the Republican Party of Florida, tweeted, “$77 million? Someone should go to jail over that.”

For now, Floridians may have to settle for a civil lawsuit brought by John Morgan. Click this link to sign the petition encouraging Ron DeSantis to retain Morgan & Morgan to recover $77 million for Florida’s unemployed.

May 13, 2020

Consumer Alerts

This past weekend, a 12-year-old in Kentucky and a 16-year-old in Tennessee died from injuries sustained while riding all-terrain vehicles (ATVs). On Saturday in Greenup County, Kentucky, a 12-year-old boy was riding an ATV when it hit a tree, launching him into the air and ultimately killing him. On Sunday in Lawrence County, Tennessee, a 16-year-old girl passed away after the ATV she was riding crashed.

These tragedies may sound like freak occurrences, but the truth is that between 500-600 Americans have been killed in ATV-related incidents each year since 2012. From 2003 to 2011, the death tolls were even higher, cracking 800 every year from 2005-2007. More than one in five of these deceased are children 16 or younger.

Though ATV-related deaths have declined, from 1982 to 2017 the Consumer Product Safety Commission (CPSC) tracked 15,250 such fatalities. At one point, five states accounted for 25% of the fatalities. That may no longer hold true, but the same five states still have the most ATV-related deaths:

  • Texas (831)
  • West Virginia (795)
  • Pennsylvania (761)
  • California (756)
  • Kentucky (692)

Florida (616) and Tennessee (598) round out the top seven. Though fatalities have dropped compared to the mid-2000s, some argue that that has more to do with the emergence of off-road vehicles (ROVs) than actual safety improvements.

In 2015, the CPSC warned that “...riding an all-terrain vehicle (ATV) continues to be a dangerous and deadly activity when certain safety precautions are not followed. Deaths and injuries resulting from ATV incidents have ticked down in recent years, although the stats are still deeply concerning to CPSC. There are about 650 deaths and 100,000 injuries every year involving ATVs.”

According to the CPSC’s 2017 report, the following body parts are most likely to be treated in an emergency department after an ATV crash:

  • Arm (29% of treated injuries)
  • Head or neck (29%)
  • Leg (21%)
  • Torso (20%)

That second bullet point is perhaps the most concerning, especially considering that fractures comprise 27% of emergency-treated ATV injuries.

The ATV Safety Institute has issued these eight Golden Rules of ATV Safety:

  • Always wear a helmet, goggles, boots, gloves, long sleeves, and long pants.
  • Never ride on paved roads (ATVs are designed for trails).
  • Never ride under the influence of drugs or alcohol.
  • Never carry a passenger on a single-ride ATV.
  • Ride an ATV that’s right for your age.
  • Supervise riders younger than 18; ATVs are not toys.
  • Ride only on designated trails and at a safe speed.
  • Take a hands-on ATV RiderCourse and the free online e-course.

Dr. David Gilkey, a professor and Certified Safety Professional who has researched ATV safety, told Salon that many ATV riders ignore safety warnings. “You wouldn’t hand your keys to your car or your motorcycle to someone who’s never been on one and say ‘take it for a spin,’ but for some reason people don’t have that same sense for ATVs. So the tragedies just continue.”

Not to mention the fact that ATVs frequently are the subject of recalls for design or manufacturing flaws. As of this writing, there have already been eight ATV recalls this year some involving seatbelts, steering control, and faulty brakes.

If you or a loved one has been seriously injured in an ATV crash, and you think the vehicle manufacturer was at fault, contact us for a free legal consultation.

June 16, 2020

Recently unsealed documents have revealed that 3M officials knew there were potential issues with their safety gear, but believed soldiers didn’t weren’t entitled to that information. This news came out as part of the 3M Combat Arms earplug federal litigation. 

More than 140,000 service members accuse 3M of selling defective Dual-Ended Combat Arms Earplugs Version 2 (CAEv2) to the military without disclosing that they could somewhat loosen within the ear. This design flaw, soldiers say, has resulted in them developing tinnitus and hearing loss. Their cases are consolidated before a federal judge in Florida. 

On April 20, the judge made public hundreds of depositions, emails, memos, and receipts related to the Defense Department’s purchase of 3M earplugs. The documents show that the earplugs, which cost 85 cents to make and sold for $7.63, accounted for 20% of 3M’s operating income, according to Stars and Stripes. In an email message 3M marketing manager Mike Cimino noted how the product had been “seeded” into a “new recruit program” at the Defense Department, adding “LOL” at the end of the message, reports Newsweek

Also revealed is a deposition from 3M scientist Elliot Berger saying “the existing product has problems unless the user instructions are revised,” reports Bloomberg. When asked in his deposition whether soldiers were entitled to know that the way 3M tested the earplugs was different than the way that service members were instructed to use them, 3M sales manager Timothy McNamara answered he didn’t “believe so.” McNamara added that he never shared information about how the earplugs should be used to achieve the stated noise-reduction rating, despite frequent visits to military bases. 

Shifting Blame to the Military

3M earplug lawsuits allege that the plugs fail to fit tightly in the ear canal and block out loud combat noises. Soldiers claim 3M manipulated test results to achieve an acceptable noise reduction rating for the dual-ended earplugs although they are not as effective in the field. They argue the earplugs could only achieve a proper fit with specific fitting instructions, but this information was not shared with the government. 

3M denies the accusations, saying it has acknowledged some users require special instructions to achieve proper fit, but that it communicated this to the military. The company also says the earplugs were shortened because the Army wanted them to fit in the standard carrying case. 

“As noted in 3M’s briefs, the company worked in close coordination with the U.S. military on the CAEv2 product and informed the military that the company’s testing had shown that the military’s decision to shorten the CAEv2 created potential fitting issues,” Fanna Haile-Selassie, a company spokeswoman said in an email statement to Bloomberg. “The U.S. military was aware of those issues and the need to train users of the product to fold back the flanges on the opposite end, as needed, to get a good fit.”

3M Awaits Ruling on Government Contractor Defense

3M is arguing in court that, as a government contractor, it is immune from liability. A plaintiffs’ motion disputes 3M’s government contractor defense on the grounds that the CAEv2 was not designed exclusively for military use. “Unable to defend themselves on the merits, Defendants have manufactured an affirmative defense that is just as defective as the CAEv2,” states the motion. “Defendants cannot blame the military for their own mistakes and misdeeds.”

In 2018, 3M paid $9.1 million to resolve accusations that it knowingly sold defective CAEv2 earplugs to the U.S. military. The lawsuit was brought under the whistleblower provision of the False Claims Act. The government claimed 3M knew about defects that hampered effectiveness and failed to disclose this to the military. 

The settlement kicked off a surge of lawsuit filings by soldiers who wore the earplugs and now suffer from hearing damage. Combat Arms earplugs were standard issue in some branches of the military between 2003 and 2015. The doubled-sided plugs were meant to block loud field noises such as gunfire, artillery, and explosions when the green end was inserted, while allowing them to hear fellow soldiers when the yellow end was inserted. Plaintiffs believe the hearing protection devices may have reduced noise by as little as 10 percent of what 3M advertised. 

Hearing loss and tinnitus are among the most common service-related disabilities. The VA compensates more than 1.7 million veterans for tinnitus and more than 1.1 million for hearing loss. Service members who served in the U.S. military between 2003 and 2015 and suffered hearing damage might be eligible for a 3M earplug lawsuit. A lawsuit will not affect any VA payments you currently receive. 

Learn how you can hold 3M accountable during a free case review with our product liability lawyers. Call 888 340 1780 or contact us

May 22, 2020

If you or a family member have taken the over-the-counter heartburn medication Zantac, you may have been alarmed at the news that the U.S. Food and Drug Administration (FDA) ordered a mandatory recall of all Zantac drugs along with its generic versions, sold as ranitidine. The April 2020 recall was prompted by growing evidence that Zantac and ranitidine were highly contaminated with a potentially cancer-causing chemical known as N-Nitrosodimethylamine (NDMA).

What does this mean for you and your family? 

Our attorneys are investigating potential claims for compensation on behalf of Zantac and ranitidine users who have been diagnosed with cancer. Here’s what we’ve learned so far:

How And When Was The Contamination Discovered?

Zantac has historically been considered a safe drug, but that started changing in 2019 when Valisure, an online pharmacy that does their own drug safety testing, alerted the FDA to an issue with Zantac. Their lab found dangerously elevated levels of NDMA contamination in the tablets they tested. 

This alert prompted further testing, and through 2019 and the beginning of 2020, more than a dozen manufacturers voluntarily recalled their Zantac and ranitidine products from pharmacy shelves. By April 2020, the FDA had seen enough evidence to call for a mandatory recall of all Zantac and ranitidine products. 

How Dangerous Is The Contamination?

NDMA is considered a possible human carcinogen by the FDA and global health organizations. It has been linked to a wide variety of cancers, including:

  • Esophageal cancer 
  • Liver cancer
  • Stomach cancer – large and small intestines
  • Bladder cancer 
  • Kidney cancer 
  • Prostate cancer 
  • Leukemia 
  • Pancreatic cancer 
  • Non-Hodgkin Lymphoma 
  • Colorectal cancer 
  • Testicular cancer

However, NDMA contamination is actually fairly common. It is unintentionally formed during many industrial processes, and can be found in many drugs and processed foods. The difference in the case of Zantac is that the contamination found was at levels way higher than normal, and at levels way above what is considered safe for human consumption. 

The working theory is that NDMA built up in stocks of Zantac and ranitidine as they sat in storage, and that the contamination increased with time and at higher storage temperatures. It is impossible to know how bad this problem has been over the nearly 40-year history of the drug, or how many people have possibly suffered serious health damage as a result. 

Should I Stop Taking My Zantac?

The FDA has recommended that all Zantac and ranitidine users should stop taking the drug immediately, and should dispose of their remaining supply of the drug. You should talk to your doctor about other treatment options for the symptoms you were taking Zantac to treat. 

What Should I Do If I’ve Been Diagnosed With Cancer?

If you or a loved one has been diagnosed with cancer after using Zantac or any ranitidine drug, you may have a claim for compensation from the manufacturer. Our lawyers are ready to review your case for free, and let you know what your options are. 

Click here to get your case evaluated in minutes. Don’t wait, we want to start fighting for you today. 

 

May 14, 2020

Serving Clients Nationwide

Morgan & Morgan serves clients nationwide, with over 50 offices in more than 15 states:
Florida, Georgia, Mississippi, Tennessee, Kentucky, Alabama, Arkansas, Massachusetts, New York, Indiana, Michigan, Louisiana, Pennsylvania, South Carolina, West Virginia, California, and Texas.