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Archive for November, 2010

Paralyzed Child’s Claim Against Montgomery County

Tuesday, November 30th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Jonathan Turley writes a good post about the insanity of the cap on liability provided by the Maryland Local Government Tort Claims Act.

The case involves a car accident that resulted from a Montgomery County, Maryland police officer doing what a noticeable minority of police officers do in police cars: drive at excessive speeds. This police officer was doing 56 miles per hour in a 30 mile per hour zone. When we see this on the road, no one even complains about it. It is just something we accept. Police officers drive at a speed of their choosing, even off-duty. That is, until an accident like this happens.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Medical Malpractice and the National Debt?

Monday, November 29th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

I'm squinting my eyes but I still cannot get the correlation between the national debt and limiting medical malpractice lawsuits. This Huffington Post commentary points out the insanity of including medical malpractice reform on our "to do" list to tackle the national debt. The "Bristol Palin as America's Next Sweetheart" like stretch: if doctors made more money, it would reduce medical costs and Medicare would be cheaper.

If the Baltimore Orioles would get better baseball players, the people of Baltimore would become happier and more productive. Baltimore could not contain these good vibrations to its own borders. The economy would improve, more people would pay taxes, and we could reduce the national debt.

How is that logic different from the idea that reducing malpractice lawsuits would reduce the national debt?

The blog post leaves out another reason why the notion is insane. Medicare makes a fortune in successful malpractice cases because it asserts it subrogation interests and is repaid a significant amount of money (I would love to see data on how much but I'm sure it is billions) it spends on medical care that results from malpractice (and accidents, product liability claims, and other torts).

It is a reasonable view to support medical malpractice reform. I completely disagree with it for scores of reasons. But I can admit that people smarter than I support limiting malpractice lawsuits in this country. (I think.) What I will not concede is that there is even a reasonable argument that limiting the rights of medical malpractice victims will help reduce the national debt.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Truck Accident Trials and Jury Credibility

Monday, November 29th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

An Illinois court awarded $2.5 million in a lawsuit against a truck driver who admittedly (1) crossed the median strip and hit the Plaintiff and (2) had been driving for 19 hours that day.

Obviously, and the result underscores this point, this is a tough case to defend on liability. If you are Defendants' truck accident lawyer, what kind of defense do you muster in a case like this? Oh, they always have something it seems. In this case, they went for the "everything and the kitchen sink" defense. First, they claimed his vision was impaired due to diabetes. This is a lot better defense in a passenger car case than it is in a truck accident case. If you are a truck driver driving a big rig truck, we expect you to have your diabetes under control or don't get behind the wheel of the dangerous weapon that is a truck. Second, and even more improbable, the defendants' truck accident lawyer also argued that the accident occurred because the truck driver's tire exploded.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Georgia DOT considers three new intersection designs

Wednesday, November 24th, 2010

By Atlanta Injury Law Blog , Ken Shigley.

Road design is a big factor in preventing auto and truck accidents, personal injury and wrongful deaths in Georgia and around the world. In my practice as a personal injury trial attorney in Atlanta, it is clear to me that prevention is the best approach.

According to an article by Ariel Hart in today's Atlanta Journal Constitution, the Georgia Department of Transportation is considering three new intersection designs to relieve traffic congestion for minimal cost. The ideas are intriguing but I wonder how Georgia drivers will adjust to these unfamiliar designs.

With good lights and signage adequate to overcome the problems of unfamiliar and counter-intuitive design, perhaps these innovations can help reduce accidents and congestion. I just hope GDOT doesn't skimp on signage!

 

    

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Four Loco Lawsuit

Tuesday, November 23rd, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

A woman injured in a car accident has filed a lawsuit against Four Loco, the makers of the controversial drink that combines alcohol and caffeine. The lawsuit against Four Loco claims that the driver of the car the woman was in had drank Four Loco before the car accident that injured the Plaintiff. The lawsuit names the driver (presumably the woman's friend), Four Loco's manufacturer, and even drags in the convenience store that sold the Four Loco. (The great, great grandson of the first man to combine rum and coke was not named.)

I am assuming the lawsuit stems from the FDA's warning last week that Four Loco and other caffeine-alcohol drink manufacturers have used caffeine as an unsafe food additive in the drinks. The FDA left the door open for further action.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

“Vision Zero” in Sweden seeks elimination of traffic fatalities and serious injuries by 2020

Tuesday, November 23rd, 2010

By Atlanta Injury Law Blog , Ken Shigley.

 As personal injury and wrongful death trial attorney in Georgia, I have always assumed that highway carnage – auto and truck accidents, injuries and fatalities – were as inevitable as death and taxes. As long as humans are capable of fatal errors, these tragedies would be with us.

But Sweden, where one of my cousins now lives and my Volvo was manufactured, is taking a less fatalistic approach akin to the approach of epidemiologist who seek to root out the causes of illness and injury. Their “Vision Zero” program aims to eliminate traffic fatalities and serious injuries by 2020.

“Vision Zero” relies heavily on adopting a systems-wide approach to road safety, making the entire road system more forgiving to the likely mistakes of drivers. It rejects cost-benefit analysis to set road safety policies and trading human lives for other objectives.

Swedish legislation passed in 1997 adopts these four core principles:

1. human life and health are paramount and take priority over mobility and other objectives of the road traffic system;

2. providers and regulators of the road traffic system share responsibility with drivers and other users;

3. road traffic systems should take account of human fallibility and minimize both the opportunities for errors and the harm done when they occur; and

4. providers and regulators must do their utmost to guarantee the safety of all citizens and cooperate with road users, and all three must be ready to change to achieve safety.

In 1999, the Swedish government established an 11-point program to increase traffic safety, including:

1. special safety measures for the most dangerous roads,

2. better road safety in urban areas through changes in road design and other measures,

3. emphasis on road-user responsibility through such measures as seat belt campaigns,

4. safer conditions for cyclists,

5. improving safety in public transportation services,

6. compulsory use of studded tires in the winter,

7. better utilization of Swedish technology, including automatic in-vehicle speed adjustment systems,

8. greater responsibility placed on traffic systems designers,

9. changes in handling of traffic offenses,

10. expanding the role of voluntary organizations, and

11. studying alternative forms of financing new roads.

Among the specific measures that have been implemented in the program have been:

1. using wire rope barriers to divide undivided main roads to reduce head-on collisions;

2. using barriers on the side of the road to minimize rollovers and off-road crashes with trees;

3. reducing speed limits to reduce impact energy of collisions, setting the limits at 54 mph on major highways, 42 mph on major collectors, 30 mph on other main streets, and 18 mph on local streets;

4. enforcing the limits by cameras and other technologies;

5. installing roundabouts (rotaries) on all types of roads to minimize the number of crashes and the damages caused by side impact collisions at intersections;

6. changing local street design to restrict vehicle movements and give pedestrians and cyclists priority over vehicle traffic through such measures as pedestrian-only precincts, bike paths, and center road refuges; and

7. giving priority to public transportation vehicles and pedestrians on roads.

Another aspect of the program is data analysis. The Swedish equivalent of our US DOT conducts annual evaluations of road user behavior, including drunk driving, speeding, use of seatbelts and other safety equipment in cars, and the use of helmets by cyclists. They also monitor vehicle crashworthiness, emergency services rescue times, and safety opinions of the public, among other things.

Some would say that we American cowboys would never adopt such an approach.  Perhaps as a trial lawyer I shouldn't hope for that, as it would cut into my caseload. However, as a citizen and parent, I hope we draw some lessons that might prevent tragedies affecting people I love.

    

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Burn survivor experiences

Sunday, November 21st, 2010

By Atlanta Injury Law Blog , Ken Shigley.

The current issue of Safety Report magazine carries an article by Charlie Morecraft, "A Burn Survivor's True Story."   It shows more insight about the experience of burn injuries more than anything I have read.  Some excerpts:

 

  • "Burn victims will tell you that it doesn't matter how much morphine is injected. They say the pain is so excruciating, that they have difficulty even finding the words to describe it. Burn pain can be one of the most intense and prolonged types of pain and is difficult to control because of its unique characteristic and changing patterns."
  • Regarding hydrotherapy, "one patient describes it as 'surreal amounts of pain, almost awe, as if they were taking ladies' stockings off my arms and legs, only, it was my own skin.' After awhile, everyone lying in the hospital rooms comes to fear this room. morphine is kept in a locked chest nearby, in dozens of cold vials, and medical staff refill the chest every week."

I've been there, can vouch for the accuracy of those descriptions, but by the grace of God am fine now.  That experience informs my advocacy for burn survivors at a depth beyond mere words.

If you ever have a serious burn injury in northern Georgia, tell the ambulance driver, "take me to Grady, " as the Grady Memorial Hospital Burn Center is the only appropriate place to go for burn treatment in a large area of Georgia.

 

 

  

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in trucking accidents, automobile, products and premises liability, catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Feds conducting big insider trading probe

Saturday, November 20th, 2010

By Breaking Legal News, Breaking Legal News.

Federal authorities are examining whether multiple insider-trading rings reaped illegal profits totaling tens of millions of dollars, The Wall Street Journal reported on Saturday, citing people familiar with the matter.

The three-year criminal and civil investigation could result in charges by the end of the year, the Journal reported. A federal grand jury in New York has heard evidence, the paper said. Since the investigation isn't finished, it's unclear what charges, if any, may be brought.

One focus of the criminal investigation is whether independent analysts and consultants who work for companies that provide "expert network" services to hedge funds and mutual funds passed along nonpublic information, the Journal reported. Such companies set up meetings and calls between current and former managers and traders who want an investing edge.

The newspaper said one firm under examination is Primary Global Research LLC of Mountain View, Calif., which connects experts with investors seeking information in the technology, health-care and other industries. Chief Operating Officer Phani Kumar Saripella declined to comment to the Journal. The firm's website says Saripella and the firm's CEO previously worked for Intel Corp.

Prosecutors and regulators are also examining whether bankers from Goldman Sachs Group Inc. leaked information about transactions, including health-care mergers, to the benefit of certain investors, the Journal reported, based on anonymous sources. Goldman declined to comment to the newspaper.

The examination includes independent analysts and research boutiques. John Kinnucan, a principal at Broadband Research LLC in Portland, Ore., described a visit by FBI agents in an Oct. 26 e-mail to roughly 20 hedge-fund and mutual-fund clients. The Journal said Kinnucan confirmed that he wrote the e-mail, which was addressed to traders at firms including the hedge funds SAC Capital Advisors LP and Citadel Asset Management, and mutual-fund companies Janus Capital Group, Wellington Management Co. and MFS Investment Management. None of the firms commented to the Journal, and it isn't known whether they are under investigation for their business with Kinnucan.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Lawyers Offer Free Legal Service Nationwide: pro bono week!

Saturday, November 20th, 2010

By Breaking Legal News, Breaking Legal News.

For one week at the end of October, law schools, law firms, bar associations and other legal groups from Seattle to Boston and New York to New Orleans will recognize the work done by lawyers on behalf of the poor and underserved through a national pro bono celebration. 

Pro bono refers to legal work that lawyers do for free for the benefit of their communities.  This work can include representing individuals near the poverty line in civil cases that involve issues such as landlord-tenant disputes, child custody, veterans’ benefits and foreclosure. It can also include legal work on behalf of an organization that serves the poor, such as a homeless shelter.  In some communities, lawyers are deeply involved in the legal tasks of community economic development, providing counsel for start-up microenterprises and non-profit organizations that serve low-income communities.

The American Bar Association Standing Committee on Pro Bono and Public Service organizes the National Pro Bono Celebration, which is Oct. 24 - 30.  To date, local organizers have planned hundreds of events in nearly every state to highlight the year-round efforts of lawyers who try to meet the ever-growing legal needs of this country's most vulnerable citizens. These efforts are designed to increase pro bono participation and result in greater access to justice for Americans living on the social margins.  

America’s lawyers have a long tradition of providing pro bono service. Although any profession can make free service for the poor a part of its standard practice, it is the legal profession that includes pro bono as a core value.  The ABA has a goal calling for lawyers to spend 50 hours a year providing pro bono service.  We take pride knowing that lawyers are contributing an average of more than 40 hours a year of pro bono service to people of limited means.  

Pro bono work brings hope to the powerless and helps right the wrongs of injustice. While lawyers have contributed much, there is still more to be done. 

As part of the National Pro Bono Celebration, law schools, state and local bar associations, judicial groups and community development organizations have planned hundreds of free legal service events all around the country.  

Orange County lawyers will work 9 a.m. to 9 p.m. Oct. 26 at several legal clinics in Costa Mesa, Irvine, La Habra, San Juan Capistrano and Santa Ana to help low-income residents with bankruptcy, foreclosure, domestic violence, eviction and immigration issues.  

The Immigration Clinic at the University of Miami School of Law will have an immigration symposium and educational event on deportation defense training.

In New Mexico, the 2nd Judicial District Pro Bono Group, JAG and military specialists, Law Access New Mexico, the state bar and the New Mexico School of Law will host a free legal fair focusing on veterans’ issues.  

In New Jersey, the Rutgers School of Law-Camden and the U.S. District Court for the District of New Jersey is launching a new pro bono project to help federal prisoners re-enter the community.  

Idaho is launching a new statewide Ask-A-Lawyer program that will be staffed 100 percent by government pro bono lawyers.  The organizers of this program plan to staff it every business day of the year.

In New York, the Nassau County Bar Association has organized a mortgage foreclosure free legal consultation clinic with Nassau County Homeownership Center, Nassau/Suffolk Law Committee, Community Development Corporation of Long Island and the New York State Attorney General Office. 

Volunteerism transcends politics. It is a central part of the call for action made by presidents from Kennedy to Reagan to Obama. The legal community asks everyone to join with us in volunteering to help the growing number of our neighbors who have fallen on hard times. The National Bureau of Economic Research recently declared the recession to be over, but recovery will be slow for many.  We all must stand ready to help when we can.  The American Bar Association encourages all lawyers to add some pro bono work to their portfolio.  Volunteer help is a renewable resource, independent of fossil fuels or the stock market, and it becomes stronger and more abundant with use.

If you are a person in need of pro bono assistance please go to: http://www.findlegalhelp.org

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Former U.S. Marine Corps Judge Advocate Joins Tully Rinckey PLLC

Saturday, November 20th, 2010

By Breaking Legal News, Breaking Legal News.

Tully Rinckey PLLC is pleased to announce the addition of attorney J.E. Yancey Ellis as an Associate in its Washington, D.C. law office. Ellis joins Tully Rinckey PLLC after serving in the U.S. Marine Corps for over four years, including a year long deployment in Iraq. Ellis will provide representation to military servicemembers in all aspects of military criminal and administrative law.

As a former Marine Corps Judge Advocate and assistant advisor to a Commanding Officer in Iraq, Ellis earned a reputation as an aggressive, thorough, and highly admired attorney familiar with the legal complexities under the Uniform Code of Military Justice. At Tully Rinckey PLLC, Ellis will specialize in providing all members of the military with high quality legal services including officer misconduct, Non-Judicial Punishment proceedings, Article 32 investigations, desertion and AWOL instances, as well as violent crimes. He will also focus on handling administrative matters relating to the correction of military records.

While on active duty in the U.S. Marine Corps, Ellis served as both a military prosecutor and defender at Camp Pendleton in California as well as a Deputy Legal Advisor while stationed in Iraq. During his time as a military prosecutor, Ellis prosecuted over 100 Marines accused of violating federal or military law, or state law under the Federal Assimilative Crimes Act. In his role as defender, Ellis represented Marines accused under federal and military law of felony and misdemeanor crimes earning Defense Counsel of the Year for the Western United States in 2009.

Ellis earned his Juris Doctorate from George Mason University School of Law, graduating Cum Laude, and earned a Bachelor of Science degree from West Virginia University, graduating Magna Cum Laude.

For more information about J.E. Yancey Ellis’ addition to Tully Rinckey PLLC or the firm’s military and national security practice, please contact Ali Skinner at (202) 787-1900 or at askinner@fedattorney.com

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.