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.

Don’t Question the Water Board Pro Se

What if you feared that something was wrong with your local tap water? What if you thought that the water was making your children sick? Would you report your concerns to the appropriate…

By Clay Rossi

/ 25 Jun 2013

Wildfire Safety, Prevention and Health Effects

My family spends a considerable amount of time in rural Dallas County, Alabama. It's primarily farmland and timber land, interspersed with pockets of residences and small businesses. Walking…

By Dottie Perry

/ 24 Jun 2013

It's the Message, Not the Messenger

By now Edward Snowden is a household name. To some he is a hero. To others he is a villain. Snowden maintains he is neither, only that he is an American. Über-whistleblower Daniel Ellsberg…

By Clay Rossi

/ 18 Jun 2013

Identifying Third Party Beneficiary Claims: Suing on a Contract You Didn’t Sign

Contracts create rights and obligations, which are typically enforceable by and against the parties, or signatories, to the contract. Under some circumstances, contracts can create third-party…

By Dottie Perry

/ 17 Jun 2013

Standing Up for Privilege

We’ve already seen a dangerous growing trend – large corporate interests using the power of government to subvert the legal system. In the world of economics, it’s called rent…

By Clay Rossi

/ 11 Jun 2013

Alabama Passes “Guns to Work” Law

Last month, Alabama Governor Robert Bentley signed Senate Bill 286, which expands Alabama gun rights. The primary expansion of those rights by SB286 is made by the provisions allowing employees…

By Dottie Perry

/ 10 Jun 2013

Patent Trolls Are Scary . . . and Real

It may sound like something out of Grimm’s fairy tales but patent trolls are not imaginary but real and formidable. In the world of intellectual property, a patent troll is properly…

By Clay Rossi

/ 4 Jun 2013

What Rights Trigger an Exception to Alabama State Immunity?

Article I, Section 14 of the Alabama Constitution of 1901 creates absolute immunity for the State and its agents with this simple proclamation: [T]he State of Alabama shall never be made a…

By Dottie Perry

/ 3 Jun 2013

A Private Justice System?

The old adage runs that where your treasure is, so there will be your heart. Put another way, in economic terms, you assign your limited resources to those items which you desire…

By Clay Rossi

/ 28 May 2013

Wrongful Death in Mississippi: Legislature Steps in to Help Determine Who Has “Standing to Sue”

It is a rare but welcome opportunity in the life of a young lawyer to argue a case before an appellate court, especially a Supreme Court. Such an opportunity presented itself to me last year,…

By Dottie Perry

/ 27 May 2013

Snake-Bite Season

My 5 year-old niece spent some time in a Raleigh, North Carolina hospital recently after an encounter with a copperhead snake in her front yard. Even though the ER doctors say her finger was…

By Dottie Perry

/ 23 May 2013

A Horror Sequel You Wish You Could Miss

Like the B-horror-movie tagline, says “They’re baaaaack . . .” The hallmark of any great creature feature is a monster who pops out when you least expect it. Enter…

By Clay Rossi

/ 21 May 2013