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Personal Injury Law

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Last Entry: May 19, 2010 at 05:12:34

Economic Crisis: Are People Looking For Lawsuits?

Posted on March 17, 2009
My wife and I were at a party Saturday night and the conversation turned to ... what else? The economy. The couple I was speaking with were worried, like everyone should be, about where things are heading. One asked whether I have seen more people wanting to file lawsuits in the last six months...

Arbitrators do not have to follow the law

Posted on March 17, 2009
Arbitration is an illogical procedure for dispute resolution in our society. Arbitration clauses are buried in consumer contracts of all sorts and until you have a legal problem most people either don't notice the clauses or assume they are a reasonable alternative to our 'costly' legal system...

AIG Accountability

Posted on March 16, 2009
We are justifiably outraged that AIG is paying $165,000,000 in bonuses to its executives while taxpayers have paid $170 billion to bail AIG out. AIG says it is contractually obligated to make these payments regardless of how poorly AIG's executives have run the company...

Coming face to face with the economic crisis.....

Posted on March 14, 2009
When some people are asked how the economy is affecting them, most people talk about retirement accounts, and the lack of available jobs in their respective fields. Well this past week I came face to face with the economic crisis and how it can have a more direct impact on someone's life...

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Is There A Quicker, Cheaper Way To Get A Case To Trial?

Posted on March 13, 2009
A joint project by the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System recommends radical changes in the discovery rules in civil lawsuits. During discovery, each side pursues evidence from the other side to help them advance their claims or defenses...

Contingency Fees in Business Litigation

Posted on March 13, 2009
Last week I wrote a blog on labor and materialmen liens and suggesting to contractors and suppliers that they protect themselves before getting into construction project. What happens in other business matters when contracts are broken, promises are not kept, misrepresentations occur, business or intellectual secrets are stolen, or two business entities just disagree about a matter? During most of my 35 years of practice I have watched those business entities hire their corporate lawyers who charge on an hourly basis to represent them...

Toxic Drywall From China Causing Health Concerns In Homes

Posted on March 13, 2009
Several news sources have recently reported that drywall imported from China and installed in new and renovated homes in 2004-2005 has been creating noxious sulfur (rotten-egg) odors and potential health problems. In addition, the fumes given off are causing a problem with copper wiring and the coils in air conditioning units...

A Hand For The Folks Who Run This Show

Posted on March 11, 2009
I had business in Tampa this week and used the InjuryBoard office for my depositions. It is interesting to "see" this site from a different angle. I ate supper Monday night with Tom, Nick, Angus and Patrick. Most of the conversation centered around InjuryBoard - the philosophy, what works and what doesn't, site improvements, etc...

Lasik surgery expert witness

Posted on March 09, 2009
Some experts will say anything. The defense Lasik surgery expert, Dr. Woolfson, testified that he has performed approximately 70,0000 Lasik procedures without ever performing the wrong prescription. Even so, he testified that the surgeon who performed the wrong prescription on both of my client's eyes did not fall below the standard of care!Originally posted at InjuryBoard by Pete Burns

Too many motorcylce riders are receiving a bad rap...

Posted on March 08, 2009
How many times have you known someone that has been involved in a motor cycle accident and when you tell someone that your friend has been hurt, the person rolls their eyes and almost gives you the look of, "They were probably going 100 miles per hour, and it was their own fault...

Labor and Materialmen Protect Yourselves

Posted on March 06, 2009

Lasik Surgery: know your risks

Posted on March 02, 2009

Medical Negligence Experts: The Conspiracy Of Silence

Posted on March 01, 2009

Recent Polls Show Americans Doubt The Partiality Of Elected Judges Hearing Cases Involving Major Donors

Posted on February 28, 2009

You had an accident, what to do next Part 3 of 3....

Posted on February 28, 2009

One in Ten Nursing Home Residents Had Pressure Sores

Posted on February 27, 2009

Utah: A Proposal To Rein In ER Malpractice Claims

Posted on February 27, 2009

Alabama Unemployment Compensation Benefits - Look Before You Leap

Posted on February 21, 2009
In recent cases, the Alabama Supreme Court has held that an unemployment compensation (UC) agency hearing officer’s ruling can have a preclusive effect on the claims and defenses of both employees and employers in subsequent litigation. Let me explain this with an example...

You had an accident, what to do next. Part 2 of 3.....

Posted on February 21, 2009
In my last blog post, we gave you some tips as to what to do if you had a motor vehicle accident, this post will be helpful if you have an accident while at a store, which normally is described as a "slip and fall" accident. The most normal type of accident at a store is one where you are shopping for groceries, and unfortunately there is some type of substance on the floor that causes you to slip and fall...

Unemployed? Beware Of Job Scams

Posted on February 20, 2009
The entrepreneurial spirit is a wonderful thing. To an entrepreneur, a problem is not a bad thing, it is an opportunity for a money making solution. Unfortunately, some entrepreneurs would rather feed at the bottom. The financial crisis has brought about the newest of that ilk – companies who con the unemployed...

TVA - Kingston Plant Cleanup Cost Could Exceed $800 Million

Posted on February 19, 2009
The Tennessee Valley authority has revealed that the cleanup cost for the rupture of a containment pond in East Tennessee could reach the $825 million mark. When that containment pond ruptured, more than a billion gallons of coal ash sludge flooded homes and waterways near the Kingston Fossil Plant...

Judicial Elections: Is There A Better Solution?

Posted on February 18, 2009
Each election cycle, the amount of money spent on judicial elections rises. Each time that it does, the spotlight on this issue gets bigger and brighter. In most states, judicial candidates run in non-partisan elections. In the five 2006 Alabama Supreme Court races, the candidates spent more than 12 million dollars...

Big Tobacco Sued By One Of Its Own

Posted on February 18, 2009
Alan Landers, a billboard model for Winston in the 60's and 70's, has filed suit in Palm Beach County against the tobacco companies. He claims that the dangers of smoking were hidden from him and caused his cancer. The tobacco industry, no doubt, will claim that he is more like Nick Naylor in Thank You For Smoking...

Officer and director liability for fiduciary breach

Posted on February 17, 2009
The pendulum is swinging toward reasonable accountability in the business world. News flash: Officers have fiduciary duties to their companies! The lack of regulation that lead to our disastrous financial meltdown is beginning to cause a sober look at liability rules...

The Ledbetter Act: Can Claims Arising Before It Became Law Go Forward?

Posted on February 17, 2009
Since President Obama signed the Lilly Ledbetter Fair Pay Act, lawyers and legal commentators have been exploring the boundaries of this new law. The question is – can people file lawsuits for wage discrimination violations that were committed by their employer prior to the signing of the Act? The answer is yes...

Arbitration For Consumers Needs More Protection

Posted on February 17, 2009
Additional appellate remedies should be available to consumers who have been subjected to arbitration and are left with an award against them. The Federal Arbitration Act and a recent ruling by the Supreme Court appear to limit the remedies to four: (1) Fraud, corruption, or undue means (2) Evident partiality or corruption of the arbitrator(s) (3) Refusing to postpone the hearing or failure to hear evidence or other misbehavior (4) Arbitrators exceeded their power or so imperfectly executed them that a mutual, final and definite ward on the matter submitted to them was not made...

You had an accident, what to do next? Part 1 of 3....

Posted on February 14, 2009
So many people are faced with this exact question if they have been injured in a car accident, slip and fall, or injured by product that was defectively manufactured or designed. Lets start with the most common, car accidents. It happens to all of us, it could be as simple as being hit from behind by someone not paying attention, or by being sideswiped by someone that ran a red light...

Uninsured/Underinsured Motorist Coverage Part 4: How To Buy Your Coverage

Posted on February 11, 2009
This post will wrap up my series on uninsured/underinsured motorist (um/uim) coverage. In Part 1, we talked about the basics of um/uim coverage and buying all that you can afford. In Part 2, we talked about “stacking” coverages and in Part 3, the issue was damages...

Uninsured/Underinsured Motorist Coverage Part 3: Damages

Posted on February 10, 2009
In previous posts in this series, I have described Uninsured/underinsured (um/uim) insurance and discussed "stacking" of coverages. Today, let's talk about damages. Um/uim coverage provides "bodily injury" damages, but not property damage...

The Arbitration Fairness Act Of 2009 - Get Behind It

Posted on February 10, 2009
<p>This week, Congressman Hank Johnson from Atlanta, Georgia will introduce the Arbitration Fairness Act of 2009. This is an act which would prohibit mandatory arbitration clauses in consumer, employment and franchisee contracts. Businesses have long touted arbitration as a cheaper and more expeditous alternative to a trial by jury...

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