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.

Sex Abuse Victims: Testifying May Be Part Of The Healing Process

A recurring theme in just about every case that I have tried is my client’s fear of testifying at trial. He worries that a jury won’t believe him because he is black/white/overweight/short. She does…

By Pete Mackey

/ 2 Feb 2009

Who should get the money?

When a woman experiences wage discrimination, a child is damaged by a dangerous drug, or a defective product kills or injures a worker most Americans agree compensation is in order. Traditional…

By Pete Burns

/ 27 Jan 2009

ERISA: Short and Long Term Disability Claims

In a previous post, I wrote about ERISA and its effect on your healthcare claim determinations. In this post, we will talk about ERISA and its interplay with your disability insurance. Many people…

By Pete Mackey

/ 26 Jan 2009

Be Wary of Tax Preparers

Impact Alabama, a Birmingham, Alabama based non-profit organization that helps low-income Alabama residents sent undercover staff with recording devices to 13 seasonal tax preparers across the state…

By Billy Cunningham

/ 26 Jan 2009

SLAPP Lawsuits: One Type Of Litigation That The U.S. Chamber Of Commerce Can Live With

Strategic Lawsuits Against Public Participation are lawsuits filed by overdogs against underdogs. The plaintiff in a SLAPP lawsuit is not trying to win, but only to spend the underdog dry. These…

By Pete Mackey

/ 24 Jan 2009

Super Bowl Sunday, not just a game….

With Super Bowl Sunday just a little over a week away millions across the country are making preparations to travel to their Super Bowl Party of choice. Some may go to the local sports bar, some may…

By Troy Schwant

/ 22 Jan 2009

The Trial Attorney’s Role: Why We Do What We Do

If you have never been represented by a trial attorney during a time of personal tragedy – an injury, financial devastation or losing a loved one, you may not understand all the aspects of our role….

By Pete Mackey

/ 22 Jan 2009

King – Obama – The Stars Are Aligned

I re-read Dr. King’s Letter from Birmingham Jail every year at this time. My kids are then subjected to yet another missive from dad – it hits me differently every year….

By Pete Mackey

/ 19 Jan 2009

Getting Healthy in 2009….

With a new year comes, new years resolutions, and one of the most common new years resolutions is to lose weight and get healthy. Unfortunately in the desire to look skinny, people sometimes go…

By Troy Schwant

/ 19 Jan 2009

Do I have a case against a Nursing Home?

My partner, Pete Mackey, recently posted a blog about how we evaluate cases to determine whether we can represent someone in lawsuit. Nursing home abuse cases are unique. Often the resident has…

By Billy Cunningham

/ 18 Jan 2009

Health Care Insurance – ERISA Is Not Your Friend (unless you are an insurance company)

When you sue an insurance company for failing to pay your medical bills, chances are that your lawsuit will be governed by the Employees Retirement Income Security Act of 1974. That Act was…

By Pete Mackey

/ 17 Jan 2009

UnitedHealth Settlement – Not So Fast Says Plaintiffs' Lawyer

UnitedHealth’s $350,000,000 settlement is not enough money, says a lawyer for some of the plaintiffs in that case: “We believe the amount agreed to is inadequate and does not reflect as…

By Pete Mackey

/ 16 Jan 2009