Lady Justice photo

I have been following the prep school rape trial involving Owen Labrie. Mr. Labrie stands accused of raping a 15 year-old girl as part of a ritual known as Senior Salute at St Paul’s School. Mr. Labrie claims he had consensual sexual contact with the accuser but denies having sexual intercourse. The accuser claims she twice told Mr. Labrie “no” but he persisted and ultimately raped her.

Throughout the trial, and especially in closing arguments, the credibility of the accused and accuser were front and center. While there was some other evidence including texts, Facebook messages, lists of girls Mr. Labrie was pursuing, etc., the reality is, like so many cases, this trial is largely a “he said” v. “she said”.   In litigation, as in life, there are some key things you can do to maintain your credibility. So here are 5 crediblity boosters for life and litgation. Continue reading

Pina colada pic

Remember the old song? Escape by Rupert Holmes. The guy is lounging in bed with his significant other and reading the personal columns. He notices one that catches his eye and, because he is in a rut in his relationship, he responds. A meeting is set up, and when he shows up at the appointed time, it turns out that it was his girlfriend who he intended to cheat on had actually placed the ad. She appears at the rendezvous not knowing it was her lover who had responded and is equally, but happily, surprised: “they laugh for a moment and I said I never knew that you like Pina coladas and getting caught in the rain . . .” A happy ending; all is well.

Today, most folks looking to cheat in their relationship apparently don’t use the personal columns but instead 32 million of them turned to Ashley Madison. And after the hack of the company’s website, spouses around the globe are checking to see if their spouse was a user of the site. Doubtful there will be any happy endings. In fact, divorce lawyers are seeing an uptick in business. Continue reading

School bus photo

School is officially underway. In Williamson County, today was the first full day for kindergarteners. In surrounding area schools, it is the first day of school for students. Time to be on the lookout for the littles as they wait at the bus stop, enter and exit the bus and walk to and from school. Here are a few things you can do to help keep children safe this school year. Continue reading

talking horse

Recently, we were contacted by a woman who had sustained a broken elbow in an accident. She called our office and we reviewed her accident and her legal options with her. Given the circumstances of her accident, we told her we did not think we would be able to help her. But, we gave her some advice on what she could do to, at least, get the company to pay her medical bills. We later heard back from this woman who expressed her gratitude for us spending the time to talk to her and helping her find a way to get reimbursed for her medical bills. She ended her email by saying we had reshaped her opinion of personal injury lawyers.

Personal injury lawyers do get a bad name as ambulance chasers, sharks, etc. And to a large extent, some of our brethren have brought this on through a variety of practices including taking on too many cases causing them to neglect clients, airing tacky commercials with such catchy phrases as: “turn your wreck into a check”, unethically pursuing injury victims, etc. I could go on but I think you know the conduct to which I am referring. Continue reading

Lincoln

If you follow us on Google Plus or regularly read this blog, then you know our family recently acquired a Cavalier King Charles Spaniel  If you don’t follow us on Google Plus, then let me first say you should and second let me introduce you to Lincoln Day.   Lincoln is the love of my 7 year-old daughter’s life.  Thankfully, we are past the potty-training stage and are now working on what is appropriate behavior when guests arrive at our house, how to properly walk on a leash, etc.  As my daughter is finding out, owning a pet is a big responsibility.

Unfortunately, some pet owners do not take it seriously enough, so we thought we would outline, from a legal perspective some considerations and actions you should be prepared to take before taking on a pet.  Continue reading

brain photo

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

Emergency room

 

Litigation is underway against the manufacturers of IVC filters.  In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc.  If you have an IVC filter, below are 10 things you should know.  Continue reading

Motorcycle photo

Last year, 121 motorcycle riders were killed in Tennessee. And statistically, July is the most dangerous month for motorcycle riders.  So now is the time to review steps that can be taken to help reduce the number of motorcycle accidents.  Below are six ways you can help.    Continue reading

firecracker photo

The 4th of July is almost here. Cookouts, parades and fireworks are iconic activities for the holiday weekend. My idea of a perfect 4th of July is throwing something on the grill, hanging out with family and friends then watching the fireworks on the lake in our boat.

But for many others especially kids, the holiday is not complete without shooting off some fireworks. So many folks will pick up sparklers, firecrackers, roman candles, bottle rocket, smoke bombs and the like. But even these seemingly innocuous fireworks can cause serious injury if proper safety rules are not followed. For instance, did you know that sparklers can generate heat up to 2000 degrees or the equivalent of a blow torch or hot charcoal in a grill. In fact, sparklers cause 25% of all fireworks-related burns. Bottle rockets and small firecrackers sent a whopping 8,600 people to the emergency room in 2010. More fires are reported on the 4th of July than any other day of the year, and the spike is attributed to fireworks.

Below are some tips for keeping your family and friends safe while shooting off fireworks this holiday: Continue reading

Bar photo

And stabs and kills his mother’s boyfriend. The parents of the murder victim sue the restaurant and win $40 million dollars.  Probably not the punchline you were expecting and you might be wondering how the restaurant is to blame. Well, let me give you a few more facts. Continue reading