Articles Posted in Litigation Process

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For Valentine’s Day, I received a gift card for a spa.  When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims.  Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible.  There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated.  Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities.  As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

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Litigation is fighting with rules, confrontation with a referee.  Most people do not enjoy confrontation, and for others, it brings out their worst.   If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute.  A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading

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Five lawyers at The Law Offices of John Day have been recognized by Best Lawyers.   The categories in which at least one of our five lawyers were recognized were: Personal Injury, Medical Malpractice Litigation, Product Liability Litigation, Bet-the-Company Litigation and Commercial Litigation. What is Best Lawyers and why should you care?  Best Lawyers is an organization that only recognizes lawyers who have been nominated and voted on by their professional peers through more than 13 million evaluations across 76 counties.  This year, after that laborious process, Best Lawyers recognized and listed 159,987 lawyers.  So why is this important? Continue reading

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The National Traffic Highway Safety Administration (NHTSA) is the federal agency charged with overseeing the safety of vehicles on the country’s roadways.  After an eight-year investigation, the Knoxville company, ARC Automotive of Knoxville, Inc., has been told to recall roughly 67 million inflators in the United States because they could explode and hurl shrapnel. According to the NHTSA, two people have been killed and seven have been injured in the United States and Canada.  Here is what you need to know and some legal thoughts on this issue. Continue reading

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Donald J. Trump is currently the defendant in a civil case involving allegations of sexual assault.  Perhaps not surprisingly, he has been tweeting his thoughts about the trial.   The judge has warned him about doing so and has also admonished Trump’s lawyer about “having a conversation with [his] client” and the implications of obstruction of justice statutes.   After reading the news about this issue, we thought it might be a good time to write about how social media use can affect your case and a trial.   There are lots of questions that often come about the intersection of these two issues including: (1) Is social media hearsay?  (2) Can social media be used as evidence/ Can social media be used in court?  (3) Can lawyers look at social media during a case or at trial?   Let’s take each one of these questions separately. Continue reading

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Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

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Well, here we are – the second week of January.  How are your New Year’s resolutions going?   Or as some people refer to them: casual promises I make to myself but I am under no legal obligation to fulfill.  If you are struggling with your resolutions, you are in good company.  Twenty-five percent of resolutions fail within the first week and the overwhelming majority fail within the first month.   For this reason, every January, we like to give people some resolutions that are easy to keep and can make a huge difference in your life.  More good news: these three can be done together! Continue reading

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It is fascinating to see what some people search for on the internet.  “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz.  A sassy criminal suspect delivers the line in response to being placed in police custody.   Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?”  We have rounded up some of the most common questions and answered them.  Read on. Continue reading

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We all give advice. Whether you are a lawyer, teacher, parent, doctor, plumber, etc..,  at some point, someone is going to ask for your advice. But here is the thing about the advice you seek:  you do not know how good it is until you do the exact opposite.[1]

Why do people not follow advice?  Well, some folks do not really want advice.  They want permission.  They are only asking as a way of confirming what they wanted to do in the first place.  The other main reason people do not follow advice is because it is not easy.  Having the discipline to do what you know you should do can be hard i.e., exercising, saving for retirement, studying for exams, etc.   So, we thought we would give you some important legal advice that is easy to follow and, trust us, you won’t know how good it is unless you don’t follow it. Continue reading

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If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution.  If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer.  But anything beyond that, you really should, at a minimum, consult an injury lawyer.  Now let us tell you why. Continue reading

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