Florida Highway Patrol Ramps-up Car Truck Crash Prevention: Sleep Deprived Big Rig Drivers in Their Sights
(Florida Accident Attorney Blog)South Florida drivers who've traversed the Sunshine State via Interstate know it can be a jungle out there. Whether you're cruising south to Miami on I-95, or navigating I-595 to get to the Fort Lauderdale-Hollywood International Airport -- Florida highway driving is not for the faint of heart. We share the lanes with large commercial trucks and car truck accidents are always a concern. And with good reason. The Florida Highway Patrol (FHP) reports that car crashes involving large trucks are on ...
November 26, 2008 10:20 pm
New York Medical Malpractice--What Is Informed Consent?
(New York Legal Blog)You have decided to have elective surgery, such as breast implants, a nose job, or radial keratotomy. Before the procedure is performed, the surgeon (or more likely his nurse or assistant) will hand you a document which contains a long list of potential complications and risks of the procedure you are about to undergo. The document you are about to sign is called a "consent form." Before you place your signature on that piece of paper, MAKE SURE YOU READ IT CAREFULLY! What you will find when ...
November 26, 2008 09:27 pm
CA1: making non-lawyers step outside hotel rooms okay
(Appellate Law " Practice)... , the cops got a warrant, so the First doesn't feel too angry about it. Next, there was a Miranda issue. Somehow, because these defendants hate America so much that they 1) didn't go to law school; and 2) talked to the cops without a lawyer, the First figures that even though they were ordered out of the hotel room and into the hall, their interrogation wasn't custodial. Strangely, when I told a couple of spoiled law students that this happened to my fictitious doctor sister, they said it was ...
November 26, 2008 09:03 pm
... a personal injury plaintiff and his lawfirm. The Plaintiff was involved in a serious motor vehicle collision in 1995. The Plaintiff hired a lawyer and ultimately a $860,000 settlement was reached. A fee dispute arose after this settlement and litigation ensued. At ... trial judge's award of $50,000 in punitive damages. This case is worth reviewing in its entirety for anyone interested in the law dealing with contingency fee agreements and the duties of lawyers to their clients in British Columbia.
November 26, 2008 08:54 pm
Have You Executed a Simple Will to Protect Your New York State Relatives?
(New York Real Estate Lawyer Blog)... of their own estates after they die? Perhaps you fear death, you procrastinate, you are too lazy to think about your death, or you think that a will is unnecessary or too expensive. Why haven't you e-mailed your lawyer, called your closing attorney, or actively engaged in executing a will? What is holding you back? There is a debate among various elder law attorneys and marketing professionals about why New Yorkers and fellow Americans do not see their local attorney to prepare or revise their ...
November 26, 2008 08:52 pm
Letter from President of cdcbaa to California Attorney General re Attack on California Wildcard Exemption
(BankruptcyProf Blog)Dear Mr. Krueger, I write to you as the President of the Central District of California Consumer Bankruptcy Attorneys Association (cdcbaa). We are the second largest organization of consumer bankruptcy attorneys in the United States, second only to the National...
November 26, 2008 08:50 pm
Legal Eagle Wedding Watch 11.22: Big Red Heart
(Above the Law)If the photos of this week's contestants look a little stiff, please understand that it's because the NYT didn't run pictures of any lawyer weddings this week, forcing us to Photoshop them from the attorneys' firm bios. You're welcome. And Happy Thanksgiving! Here are this week's Legal Eagle Wedding Watch finalists: 1. Elizabeth Raizes and Kayvan Sadeghi 2. Amy Stutius and Adam Slutsky 3. Sara Rubenstein and Yariv Ben-Ari Read our assessment of these couples, after the jump.
November 26, 2008 08:19 pm
Teacher Wrongly Accused of Exposing Students to P*rn Accepts Plea Bargain
(TalkLeft: The Politics of Crime)... the computer was infected with malware that caused the p*rn sites to pop up faster than she could close them. Amero was nonetheless convicted of impairing the morals of a child and risking injury to a minor. Before she was sentenced, with the assistance of a new lawyer and a host of new evidence, Amero persuaded the judge to give her a new trial. The case has been languishing for some time. Last week, because she "wasn't in condition to endure another trial," Amero entered a guilty plea to a ...
November 26, 2008 07:45 pm
... (8th Circuit) Petition for certiorari Brief in opposition Petitioner's reply Brief amicus curiae of National Employment Lawyers Association (in support of petitioner) __________________ Conference of December 12, 2008 __________________ Docket: 07-1428; 08-328 Title: ... Petitioner's reply __________________ Docket: 08-517 Title: Curry v. Bulter Issue: Whether the Court's ruling in California v. Cunningham (2007), which struck down part of the state's sentencing scheme, was dictated by the Court's ...
November 26, 2008 07:17 pm
More People are Acting as their Own Lawyers
(KCLL Klues: Washington State Legal Research)... who might have previously tried to hire an attorney. The story was written by Margery Gibbs. She explains that this is leading to clogged court systems. But it has also encouraged more states to authorize a "practice known as "unbundling," in which a lawyer handles just part of a contract, lawsuit, divorce or other litigation for a small fee, rather than taking on the entire case." This is also leading to the growth of self-help web sites such as LawHelp and groups who are promoting "innovations ...
November 26, 2008 07:14 pm
US Justice Foundation Set on Challening Obama's Citizenship
(ImmigrationProf Blog)A lawyer who is playing a key role in a California lawsuit urging officials to prevent the state's 55 Electoral College votes from being recorded for Barack Obama until questions about his citizenship are resolved says he's organizing plans to...
November 26, 2008 07:10 pm
Non-Sequiturs: 11.26.08
(Above the Law)... 'Nam. Happy Thanksgiving!] * The great Biglaw Pyramid is collapsing. Some people are actually pretty happy about this. [The Greatest American Lawyer] * The firm United, States & America is still hiring. Here are some tips for landing the government job you could ... via LexisHub] * Blawg Review's upcoming blue ribbon lineup. There's not a turkey in sight. [Blawg Review] * Lawyers get laughs from the SCOTUS gallery. I bet there's no bonus for that either. [Holy Hullabaloos] * Outsourcing of legal ...
November 26, 2008 07:00 pm
... about unpublished decisions, because under California Rules of Court, rule 8.1115(a), they aren't citeable or otherwise authority for anything. And CalBizLit almost never blogs about lawyers and parties who stretch the limits of discrimination and other civil right laws. Here at CalBizLit, we believe these laws need vigilant and aggressive enforcement, and if a lawyer or plaintiff overreaches once in awhile, the courts are usually pretty good at slapping them down. We find ...
November 26, 2008 06:56 pm
NB&A Bridges Gap Between Defense and Plaintiffs Attorneys
(Louisiana Accident Attorney Blog)... face off as advisories in the courtroom; however, yesterday both defense and plaintiffs' attorneys came together- just as lawyers. The goal was continue our legal education and better serve our clients. In response to new government regulations ... the plaintiffs bar together in a cordial, learning environment. We were floored we the positive response and the number of lawyers that were able to attend. We hope to expand on this tradition by offering future seminars that give all us of the chance ...
November 26, 2008 06:51 pm
Federalist Society audio-visual update
(Southern Appeal)The proceedings of last week's National Lawyers Conference are in the process of being posted on the Federalist Society webpage, here. Thus far, we've got audio (only) from Justice Scalia, Judge Edith Jones, Mark Steyn, Attorney General Mukasey, Secretary Chertoff, and Senator McConnell. More to come, unless I'm mistaken. Happy Thanksgiving to all SA readers and contributors!
November 26, 2008 06:46 pm
From spouse to roommate
(First Impressions)When times get tough economically, people don't divorce. At least, that's what the American Academy of Matrimonial Lawyers are saying. The group sent out a press release recently that said divorce rates are more likely to fall rather than rise when the economy worsens. More than a third of lawyers who responded to a survey say they typically see a decrease in the number of divorce cases during bad economies; nearly 20 percent said they saw an ...
November 26, 2008 06:36 pm
Truck Driver Dies After Tractor Trailer Accident In Georgia
(Georgia Injury Lawyer Blog)... about tractor-trailer safety. Fortunately no one else was injured or killed as a result of this truck accident. Had it been otherwise, a competent lawyer representing the innocent victim would have been investigating to determine whether the driver was suffering from drivers fatigue or whether he ... interstate commerce. If you or a family member has been injured in a tractor trailer truck accident you should contact the trial lawyers of Finch McCranie, LLP immediately to protect your legal rights.
November 26, 2008 06:35 pm
Preserving the Appeal
(The Art of Advocacy)... and the Wicked Witch. In a bizarre turn of events, jurors for the 2001 malpractice trial of Zabin v. Picciotto were allowed to don Halloween costumes as the trial came to a close at the end of October. (Thanks to the Docket of Mass Lawyers Weekly for this unusual news.) After an unfavorable decision, the defendants appealed, insisting that the costumes turned the trial into a circus and denied them due process. The appeal claimed that plaintiffs counsel even handed out candy to the jurors! I'm ...
November 26, 2008 06:35 pm
Lack of Lawyer Marketing Blamed for High Levels of Intestacy
(Legal Blog Watch)It's not often that you hear that lawyers market too little. But that's apparently the premise of this recent abstract entitled "Marketing Wills" that appears in the Elder Law Journal. (H/T Mark Merenda, Smart Marketing Blog) The paper's authors, Michael...
November 26, 2008 06:24 pm
Truck speeding on rain slick freeway with bad brakes caused fiery pileup in tunnel
(Georgia Truck Accident Attorney Blog)... in a tunnel on I-5 just north of Los Angeles last year. The location on I-5 is near my son's college apartment, so I have been by it many times. However, the case also has a local angle in metro Atlanta. According to a report from California Highway Patrol investigators, Jose Reyes, 29, was driving at least 65 mph in the rain when his truck veered left and crashed into a concrete median wall after driving through the tunnel. The posted speed limit for that stretch of road is 55 mph, according ...
November 26, 2008 06:22 pm