November 10th, 2011

Faraci Lange Again Ranked Rochester’s “Best Law Firm” in Four Practice Areas by U.S. News Rankings

Posted by Faraci Lange

The law firm of Faraci Lange LLP once again received multiple top-tier honors among Rochester, N.Y. firms in the 2011-2012 U.S. News – Best Lawyers® “Best Law Firms” rankings.

According to the legal profession’s peer-review publication, Faraci Lange is the first-tier, best law firm in four plaintiffs’ categories in the Rochester area: Legal Malpractice Law, Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For a quarter century, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. The U.S. News Media Group is a multi-platform digital publisher of news and analysis, which includes the monthly U.S. News & World Report magazine, the digital-only U.S. News Weekly magazine, www.usnews.com, and www.rankingsandreviews.com.


November 9th, 2011

Metal-on-Metal Hip Implant Failure Rate is on the Rise

Posted by Hadley Matarazzo

In August 2010, DePuy Orthopaedic, Inc. announced a recall of its metal-on-metal hip resurfacing components, ASRTM XL Acetabular System/DePuy ASRTM Hip Resurfacing System. Since that time, thousands of individuals worldwide who received this defective product were forced to undergo risky and painful revision surgery. Initially, DePuy released a statement that it expected about 13% of these hips to fail. However, it is now evident that DePuy underestimated the failure rate of its defective device. Earlier this year, the British Hip Society and British Orthopaedic Association issued a joint statement stating that the early failure rate is much higher than anticipated ranging from a 21% revision rate at four years to 49% at six years.

Following the recall of the DePuy Orthopaedic, Inc’s metal-on-metal hip resurfacing components, ASRTM XL Acetabular System/DePuy ASRTM Hip Resurfacing System, reports of failure of metal-on-metal hips in the United States have continued to rise. An analysis done by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports of problems with these devices in the first half of 2011 alone. This is more than four times the number of complaints received by the FDA in the previous four years combined and likely understates the actual scope of the problem because although companies must file adverse reports, doctors and patients are not required to. More…

October 13th, 2011

Three Faraci Lange Attorneys Named Lawyers of the Year

Posted by Faraci Lange

Three Faraci Lange LLP attorneys have been selected as Best Lawyers’ 2012 Lawyers of the Year.

  • Angelo G. Faraci, of Rochester, has been named the Best Lawyers’ 2012 Rochester, N.Y. Medical Malpractice Law – Plaintiffs Lawyer of the Year.
  • Brian M. Zorn, of Victor, has been named the Best Lawyers’ 2012 Rochester, N.Y. Product Liability Litigation Lawyer of the Year.
  • Stephen G. Schwarz, of Fairport, has been selected as the Best Lawyers’ 2012 Rochester, N.Y. Personal Injury Litigation – Plaintiffs Lawyer of the Year.

Best Lawyers is designating Lawyers of the Year in certain legal specialties in large legal communities. The Faraci Lange LLP attorneys being honored received high ratings in Best Lawyers’ surveys by earning a high level of respect among their peers for their abilities, professionalism and integrity. Only a single lawyer in each specialty in each community is selected as the Lawyer of the Year.

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.


September 29th, 2011

Punitive Damages [Part 2]

Posted by Joseph A. Regan, Senior Counsel, Faraci Lange

Within the past 15 years or so, the U.S. Supreme Court has issued several opinions setting out restrictions on punitive damages. Because punitive damages can be viewed as a taking of property, they implicate the Due Process Clause of the U. S. Constitution. The first of these cases, and perhaps the most interesting, was BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996). Dr. Ira Gore purchased what he thought was a brand new BMW, only to find out months later that the vehicle had been damaged slightly when being transported, and had been repaired and repainted prior to its delivery to him. He was not told about the repairs, and only learned the vehicle had been repainted months after the transaction. BMW had an internal policy of selling those vehicles as new without informing the dealer or purchaser, when the cost to repair was less than 3% of the value of the vehicle. The paint job on the Gore vehicle cost less than $1,000. Nonetheless, an Alabama jury found that BMW had engaged in fraud and awarded Dr. Gore $4,000 in compensatory damages, and $4,000,000 in punitive damages. Though the Alabama Supreme Court later reduced the amount to $2,000,000, even that number was a bit too breathtaking for the U. S. Supreme Court. In sending the case back to the Alabama courts, the Supreme Court issued several guidelines for all states to follow on the issue of punitive damages. The court held that such an award must bear a relationship to the nature of the conduct, must bear some reasonable ratio to the amount of compensatory damages (here the ratio was 1,000:1!), and take into account existing state civil and criminal penalties for similar conduct. In subsequent cases, the Supreme Court has held that only in extraordinary cases will punitive damages exceeding double digit ratios to compensatory damages be considered appropriate. More…

September 21st, 2011

Faraci, Schwarz Among Top 50 Upstate New York Super Lawyers

Posted by Faraci Lange

Two Faraci Lange LLP attorneys are listed among the Top 50 Upstate New York attorneys in the 2011 edition of New York Super Lawyers.

Angelo G. Faraci and Stephen G. Schwarz are among the 50 attorneys who received the highest point totals during the New York Super Lawyers-Upstate nomination, research and review process.

Faraci, of Rochester, is listed in the New York Super Lawyers in personal injury plaintiff: medical malpractice. He has been listed in New York Super Lawyers since 2007. Schwarz, of Fairport, is listed in personal injury plaintiff: medical malpractice. He has been named to New York Super Lawyers since 2007.