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Archive for the ‘Legal News’ Category

Personal Injury Lawyer’s Lost Coat Demand

Friday, March 12th, 2010

A Houston personal injury lawyer has threatened the city of Houston, a concession company and Continental Airlines, claiming it is their fault he left his Polo coat behind at an airport food court.

Normally, when a lawyer is under attack for doing something stupid, foolish, insane or [fill in your own adjective here], he is identified as a personal injury lawyer when he is really not. But, alas, I Googled the guy and he certainly a personal injury lawyer.

Well, maybe this is like the McDonald's case where the facts are taken completely out of context. But, alas, his demand letter is on line and it is exactly what it appears to be: he's mad because no one grabbed the coat that he left.

In that case, I have another defense. If a congressman tickles his staffer, no one assumes that everyone in Congress is a tickler. Why is everyone so quick to judge one personal injury lawyer on what another personal injury lawyer does? Why is the whole profession implicated?

The answer to my question is simple: that is the way it is. And while no one hates Congress because of their propensity to tickle staffers, people do hate personal injury attorneys because of the perception they are trying to bully their way into money to which they are not entitled (which is rarely, but sometimes, true). So sometimes you have to take your lumps and move on.

Gross Negligence Standard for Homeowners Defending Their Homes

Thursday, February 4th, 2010

Guy breaks into your house. Your are terrified that harm will come to you, your spouse or your children. Yet something holds you back from taking decisive action to protect your family.. the threat of a civil lawsuit by the burglar.

To stop this insanity, House Bill 207 has been introduced by House Delegate William J. Frank from Baltimore County, to raise the negligence bar for people who use force against a home or office burglar to make them immune from civil liability unless they acted “with malice or gross negligence.”

Naturally, Maryland courts are clogged with frivolous lawsuits by personal injury lawyers representing criminals who were injured breaking into homes of the innocent. Just ask John H. Josselyn who is with the Associated Gun Clubs of Baltimore:

Far too many attorneys are willing to initiate a civil action on behalf of criminals who allege that the victim, who was acting legally in self-defense, did something that violated the rights of the attacker. Defending a civil action, even when it is a frivolous lawsuit, involves great expense.

Let's take a breath and break this quote down and get our arms around whether there is even a portion of it that is not demonstrably false on its face.