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.

Compensation For Your Best Friend

The old story goes it was Harry Truman who said “If you want a friend in Washington, get a dog?” For dog-lovers there is no substitute for the quality of companionship a canine buddy brings. But what happens when the unthinkable happens and someone or something…

By Clay Rossi

/ 23 Oct 2013

BP Claims: Where are we now?

The recent appeal and 5th Circuit opinion regarding whether claimants needed to match claims to expenses have halted the processing of business claims. The trial court, under Judge Barbier, subsequently set a hearing on December 2, 2013, to determine if matching is required by the settlement agreeme

By Dottie Perry

/ 21 Oct 2013

Beware the TPP: Stealth Trade Pact Looms

It’s called the Trans-Pacific Partnership Agreement (TPP). It’s a been heralded as the “the most important trade agreement in a generation” and yet you probably have never heard of it. That is because negotiations “have been conducted in extreme secrecy.” While it is styled a…

By Clay Rossi

/ 15 Oct 2013

Dr. Judy Bonner: First Female University of Alabama President

The Women Lawyers of the Mobile Bar Association, along with over one hundred of their professional peers from a broad cross-section of industries, were recently regaled with Dr. Judy Bonner’s stories bout her rural Alabama upbringing and her father’s influence on her career path. Most…

By Dottie Perry

/ 13 Oct 2013

No Shutdown for 1st Monday in October

Building rapport with your jury is essential for any litigator. Many of us rely on the professional expertise of jury consultants and expert studies to help make than connection. Other of us may have, or think we have, our legal fingers firmly on the pulse…

By Clay Rossi

/ 8 Oct 2013

October 1 Deadline: Notice of Coverage under the Affordable Care Act Due Today

Individuals and employees of small businesses will have access to the private health insurance market created by the Affordable Care Act (“ACA”) as of January 1, 2014. Employers are required to give all employees notice of coverage options by today, October 1, 2013. Employees hired…

By Dottie Perry

/ 1 Oct 2013

Does Your Cancer Doctor Know What They Should

There is a famous story, perhaps apocryphal, concerning what happened in the cigar-filled back rooms of the 1920 Republican National Convention which produced the surprise nominee Warren G. Harding. As the story goes, certain factions allegedly pushed for Harding because he “looked like a President.

By Clay Rossi

/ 24 Sep 2013

Water, Water Everywhere — Is It Safe to Drink?

I still remember my first exposure to the nutty idea. I was reading an anthology of humorist P.J. O’Rourke’s early work from his National Lampoon days. There is was, dripping with satire, a flow chart about how fluoridated water was turning America’s kids into communists. I laughed…

By Clay Rossi

/ 17 Sep 2013

Your Phone May Be Smart But It’s Not Safe

While you have already guessed that your phone calls and e-mails are not free from the NSA’s prying eyes, it doesn’t stop there. The German newspaper Der Spiegel has broken a story that many other features on your iPhones, BlackBerry and Android devices are not…

By Clay Rossi

/ 11 Sep 2013

Informed Consent in Alabama – A Clear Basis for Medical Malpractice Claims

Part of a doctor’s duty in treating his or her patients involves educating the patient. A close relative of mine just retired from the long-time practice of medicine in Alabama, and he has described to me the extent to which he would go to get…

By Dottie Perry

/ 9 Sep 2013

Subpoenaing Phone Records? You’ve Been Punk’d

By now the fact that federal agencies have been dragnetting massive amounts of digital communications made by Americans without warrants is-like, ermahgerd, so-15-minutes-ago? But for the obeisant (it’s great, the government is keeping us safe) and the jaded (it’s wrong but you can’t fight city…

By Clay Rossi

/ 3 Sep 2013

Exodus from 11th Circuit Presents A Ripe Opportunity…That Will Likely Rot

The opportunity to nominate some new, young, fresh-faced, and open-minded appointees to the 11th Circuit is not one the executive branch is apt to squander, but their efforts will be in vain.

By Dottie Perry

/ 26 Aug 2013