Legal

The Legal section covers court rulings, statutory changes, liability trends, and key developments in Alabama and federal law that shape personal-injury claims. We explain how case law and regulation affect claims strategy, statutes of limitations, damages, and the rights of injured people pursuing justice.

Senior surveillance proposed in care facilities

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…

By Billy Cunningham

/ 14 May 2009

Investigate car wrecks promptly

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…

By Pete Burns

/ 12 May 2009

Tort Reform – A Modest Proposal

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…

By Pete Mackey

/ 10 May 2009

Will jury waivers replace arbitration clauses?

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…

By Troy Schwant

/ 10 May 2009

Tort Reform: What's in a Name?

The change the reformers want to persuade the American people to enact is to abandon the Constitutional protection of a righ to trial by jury. Rather than allow a group of 12 disinterested citizens…

By Pete Burns

/ 5 May 2009

ABA to Consider Resolution Curtailing the Arbitraiton Fairness Act

Paul Bland, a staff attorney with Public Justice in Washington, D.C. and a leading advocate for consumers is asking attorneys who are members of the American Bar Association to contact colleagues…

By Billy Cunningham

/ 4 May 2009

What Is Tort Reform?

Tort Reform is the process of changing the civil justice system to limit a claimant’s remedies and/or damages. It is sought by those who perceive the civil justice system as negatively impacting…

By Pete Mackey

/ 3 May 2009

Thinking about getting a four wheeler for your kids?

Please make sure you know all the dangers involved. This is a horrible accident that claimed the life a 10 year old who was wearing a helmet. Her family is in my prayers. A 10 year-old Warren…

By Troy Schwant

/ 2 May 2009

Jury Awards Nursing $6.5 million in Nursing Home Patient Death

The Columbus Ohio Dispatch reported that a jury returned a verdict against Whetstone Gardens & Care Center due to the death of Peter Southard by dehydration- lack of water. Mr. Southard had…

By Billy Cunningham

/ 1 May 2009

Starting a new business…

With the job market shrinking, a lot of people are starting new businesses, and when doing that they sometimes enter a lease based on what the agent leasing the retail space tells them. Please be…

By Troy Schwant

/ 26 Apr 2009

Another Death From Texting?

This past week a legal secretary I knew died in an automobile wreck when she crossed over the center line and struck an oncoming car. Apparently, she was texting when she veered over and could not…

By Billy Cunningham

/ 25 Apr 2009

Wyoming Looks To Improve Worker Safety

Wyoming lawmakers are taking steps to improve on the state’s abysmal work safety record. Wyoming had more work place fatalities per 100,000 workers than any other state in 2007. To Governor…

By Pete Mackey

/ 21 Apr 2009