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.

RV Awnings Recalled

Dometic USA has initiated a recall and replacement of its 9100 Power Awnings, Weatherpro Awnings and Motor Service Kits and all the affected power awning units. Apparently, if a step was missed…

By Billy Cunningham

/ 16 May 2013

Managing New Hurdles in Freedom of Information Act Requests

In many instances it is beneficial to your case to get documents and information outside of the parameters of formal discovery. One popular vehicle is a Freedom of Information Act (FOIA) request….

By Clay Rossi

/ 14 May 2013

Protecting the Client In the New, Old Fashioned Way

The attorney-client privilege is one of the cornerstones of our legal system. So sacred is it that not even the death of the client will work to unseal the lips of the attorney. Months ago,…

By Clay Rossi

/ 7 May 2013

High Hurdles: Proving Slip and Fall Cases in Alabama

I read a Minnesota lawyer's post today that described his state's mentality toward victims of slip and fall incidents, which closely mirrors Alabama's: put simply, don't waste…

By Dottie Perry

/ 6 May 2013

Caught in the Web — Forever!

For years Internet users have been operating under a misconception. We have treated web-content as something ephemeral — especially when we are the originator of that content. We will…

By Clay Rossi

/ 30 Apr 2013

Marketplace Fairness Act: How Will a Tax on Internet Sales Affect You? (Because it will affect you.)

In 2012, internet sales in the United States totaled $226 billion, which is an increase of 16% over 2011, according to the U.S. Commerce Department. That number is expected to increase between 9…

By Dottie Perry

/ 29 Apr 2013

The Effects of Strange Side Effects

The Atlantic magazine has written a very interesting piece on a Tylenol study that raises many more questions than it answers. It seems that acetaminophen is not only an effective…

By Clay Rossi

/ 23 Apr 2013

Supreme Court to Decide if FDA Approval Immunizes Drug Manufacturers

The Supreme Court has recently heard oral argument in a case that presents the issue of whether the Food & Drug Administration's approval of pharmaceuticals for production, sale and…

By Dottie Perry

/ 22 Apr 2013

Will You Try My Case?

Twenty years ago, a prospective client would often ask me if I was up to the task of trying their case. Perhaps it was my youth or lack of gray hair. I rarely get asked that question now, but…

By Pete Mackey

/ 17 Apr 2013

The beginning of the end for football?

Two days ago, a Colorado jury awarded 11.5 million in a lawsuit against Riddell and several high school coaches and administrators over a child's brain injuries incurred as a result of…

By Troy Schwant

/ 17 Apr 2013

Alabama Wants Federal Enforcement?

For a state that has historically eschewed federal government “interference” in how it manages its affairs, Alabama has invited federal officials to protect its citizens….

By Billy Cunningham

/ 16 Apr 2013

Making Punitives More Painful

The devil is in the details, or so they say. For corporate defendants there is a nasty little IRS demon lurking in President Obama’s budget proposal. The change concerns how punitive…

By Clay Rossi

/ 16 Apr 2013