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Personal Injury Law

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

Congress Considering Nursing Home Reform

Posted on July 04, 2009
Both houses of Congress are considering legislation to improve nursing home care. There has been no new legislation regarding nursing homes since 1987. Statistics have demonstrated that care provided to our elderly is still not what it should be. The National Citizens Coalition for Nursing Home Reform ('NCCNHR') http://www...

FDA finds E. Coli in Nestle Cookie Dough Sample...

Posted on June 30, 2009
How many times have you herad that "one more cookie won't kill you"? Well today's news release by the FDA, shows that this may not be true. Here is the full report: www.foxnews.com/story/0,2933,529531,00.html The Food and Drug Administration said Monday a sample of raw cookie dough collected at a Nestle USA manufacturing plant last week has tested positive for E...

A tragic accident in Brewton, Alabama...

Posted on June 30, 2009
Yesterday afternoon, there was a fatal accident involving Angela Dixon. According to the police on the scene, Ms. Dixon was not wearing a seat belt. Our thoughts and prayers are with Ms. Dixon's family. blog.al.com/live/2009/06/woman_killed_man_hurt_in_car_c_1...

Supreme Court finds in favor of firefighters in controversial discrimination suit...

Posted on June 29, 2009
In a 5-4 decision the United States Supreme Court found in favor of the white firefighters in their discrimination lawsuit against the city of New Haven Connecticut. This decision will certainly be discussed at length over the next few days, and may have a great impact on future affirmative action type cases...

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Safety tips to remember for July 4th....

Posted on June 28, 2009
As the July 4th holiday approaches, many people will take to the road to celebrate our country's independence, and hopefully everyone will be able to their home safe and sound. In order to make sure that happens, please remember the following safety tips: Never Drive a car or boat while intoxicated...

The Adjuster Says We Can Work It Out - Part 1

Posted on June 28, 2009
The other driver ran the red light. There were three witnesses to the collision. You broke both arms (the ones you use to handle the machine at work) and will be out of work for six weeks. The other driver's insurance carrier calls you the next day...

Buyers Beware!

Posted on June 28, 2009
I am arbitrating condominium contracts that should be void under the Inter State Land Sales Full Disclosure Act and the sophisticated buyers are appalled at the terms of the contract they signed. If you are going to buy an expensive piece of property take the time to have an attorney review the paperwork and explain the details to you...

Medical reform

Posted on June 22, 2009
We must be alert that the insurance and pharmaceutical industries do not further limit the rights of victims of medical errors to recover fair compensation. No one knows who will be the victim of medical malpractice but the insurance companies know they will be paying the verdicts...

Summer Heat - A Real Killer

Posted on June 21, 2009
I played tennis today. Feeling pretty puny, even though I drank almost a half gallon of weak Gatorade while playing, I came back to my air conditioned house and sat under a ceiling fan for about 30 minutes. Only halfway back to life, I looked up Weather Underground and saw that the heat index in Mobile today was 109 degrees...

Fireworks and Safety

Posted on June 20, 2009
The 4th of July is just around the corner and fireworks have become a regular part of its celebration. The American Pyrotechnics Association reports that revenue from the sale of fireworks for 2008 was $940,000,000- the highest ever. That is a lot of fireworks...

FDA warns against using certain nasal cold remedy products...

Posted on June 17, 2009
According to this report, the FDA warns that using certain Zicam nasal cold remedies can reduce and in some cases completely eliminate the sense of smell in some users. Please check your medicine cabinet and be sure that you or a loved one isn't using these products...

Overboard passenger in Gulf of Mexico...

Posted on June 16, 2009
Last night tragedy struck the carnival cruise lines that sails out of Mobile, Al, when an unidentified fifty (50) year old apparently fell overboard approximately 70 miles off the coast of Pensacola. For most people, cruises are a way of escaping there every day problems, but unfortunately common sense can be left at home...

A Reminder to Veterans Exposed to Agent Orange

Posted on June 13, 2009
Today my best friend while I was in the U. S. Marine Corps died. For the last 8 years he has suffered through the long term effects of Agent Orange. Always upbeat and confident, he fought like a Marine should and died valiantly in his own home at the too early age of 64...

The appearance of impropriety

Posted on June 08, 2009
Let's hear it for Justice Kennedy who led a 5-4 Supreme Court in Caperton v. Massey Coal Co. to hold that a state judge must withdraw when a party in a case has had a "significant or disproportionate" influence on placing the judge on the court through a large campaign donation...

Are eighteen wheelers drivers becoming the new dominos delivery drivers?

Posted on June 08, 2009
We all remember in the late 80's the famous "30 minutes or its free" pizza guarantee that Dominos advertised. Well it was a very successful, but dangerous ad campaign. Domino drivers started driving recklessly and unfortunately innocent bystanders were the casualties of this ad campaign...

There Is Trouble In Your Gasoline Can

Posted on June 07, 2009
That gasoline can in your garage sure looks safe. You bought it from a big box store - they would not sell it unless it is safe, right? Wrong. In fact, there is a key safety component that most manufacturers fail to install and which can lead to drastic consequences...

No Arbitration in Nurisng Homes Cases In Illinois

Posted on June 05, 2009
In the case of SSC Odin Operating Co. v. Carter, Sue Carter the U. S. Supreme Court on June 1, 2009 by refusing to review an Illinois appellate court ruling, has tacitly agreed that a state law nullifying nursing home arbitration agreements supersedes the Federal Arbitration Act which favors arbitration agreements...

Confidential Settlements

Posted on June 01, 2009
Confidential settlements create thorny issues. Lawyers who represent injured people do not like confidentiality agreements. Those agreements help culpable defendants prevent other injured parties from learning how strong their cases really are. However, when the client is offered a fair settlement in exchange for a release and confidentiality agreement many clients are so happy to put the matter behind them that they agree to keep the terms of settlement – and sometimes the underlying facts - secret...

Fairness in Nursing Home Arbitration Act Does Not Become Law

Posted on May 30, 2009
In January I wrote a blog on S. Bill 2838, Fairness in Nursing Home Arbitration Act. This bill never became law. The last action taken by the Senate on the bill was in September when it was reported favorably out of committee and then on October 1, 2008, it was placed on the Senate Legislative Calendar under General Orders...

A thought for Memorial Day

Posted on May 25, 2009
"A veteran is someone who, at one point in his (or her) life, wrote a blank check made payable to the 'United States of America' for an amount 'up to and including my life'. That is honor, and there are way too many people in the Country who do not understand it...

Be extra cautious while driving during the summer months...

Posted on May 23, 2009
As someone who traveled to the Beach with his family for Memorial Day weekend, I would like to urge everyone to be extra cautious while driving the roads these summer months. Not only may your life depend on it, but more and more drivers are driving without car insurance which could leave you relying on your own Uninsured motorist coverage to compensate you for your injuries...

Nursing Assistant Survey Reveals Problems

Posted on May 23, 2009
In the April 1, 2009 issue of The Gerontologist published a survey study about Certified Nurse Assistants (CNAs). 3,017 CNAs were surveyed in 2004 and 2005 abut recruitment, education, training and licensure, job history, family life, management and supervision, client relations, organizational commitment , job satisfaction, work place environment, work place injuries, and demographics...

EPA finds suspect materials in Chinese drywall

Posted on May 21, 2009
In a report released Tuesday the Environmental Protection Agency, EPA, said that limited testing in two Florida homes revealed sulfur and two organic compounds associated with acrylic paints in Chinese made drywall. Those chemicals were not found in four samples of American made drywall...

Lawyers suing Lawyers

Posted on May 19, 2009
A circuit court judge who is a friend of mine told me that he hates to see lawyers suing lawyers. I laughingly ask him if he would prefer that only plumbers sued lawyers. He shook his head and said "I see what you mean". The point is that people identify most easily with those who are like them...

Is Tort Reform the ultimate hypocrisy?

Posted on May 17, 2009
Though this isn't mean to be a political post, I think most would agree that Republicans are the main supporters of tort reform, and to me it seems that this philosophy is in stark contrast to the main principle of the Republican party, which is "small government"...

If You Want To Push Tort Reform, At Least Do It With Facts

Posted on May 16, 2009
When I hear something, I want to know it's true. We all do. Just saying something does not make it so. Jurors understand that. If you tell them in your opening statement that you will prove that the defendant ran a red light and collided with your client, they will need to hear or see some facts in order to agree with you...

Senior surveillance proposed in care facilities

Posted on May 14, 2009
Nevada's Legislature is considering a bill that would allow patients in care facilities or their families or guardians install surveillance devices in the patients' rooms. Sen. Barbara Cegavske, R-Las Vegas, told the Assembly Health and Human Services Committee that SB290 would protect seniors in hospices, nursing homes and other group home settings from abuse, and would comfort guardians of such patients who might live far away...

Investigate car wrecks promptly

Posted on May 12, 2009
Prompt investigation of a car wreck involving serious injury or wrongful death is a must. Frequently alcohol is involved in car wrecks and bars are often the source of the alcohol. Dram shop laws are a way of holding bar owners who serve alcohol to minors or intoxicated persons responsible for the injuries caused by their drunken patrons...

Tort Reform - A Modest Proposal

Posted on May 09, 2009
Whenever a tort reform proposal is advanced, it is trumpeted as a cure for a problem. When an individual leads the charge, it is usually a politician or industry lobbyist who stands to gain from taking that particular position. Our system is not perfect...

Will jury waivers replace arbitration clauses?

Posted on May 09, 2009
The next time you sign a contract, make sure you look closely and make sure you aren't signing away your rights to a jury. One of the fundamental principles of our court system, is that in most situations a Plaintiff is entitled to have a jury hear their case...

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