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r/howyoudoin - It's a moo point

In today’s post, we thought we would go over some commonly misunderstood legal terms.  The idea developed after re-watching the series Friends with our teenage daughter.   In Season 7, Episode 8, Joey misunderstands the term “moot” when discussing Rachel’s assistant and instead uses “moo” to great comedic effect.  Like many professions and jobs, the law uses some terms that don’t arise in everyday conversation so here are some of the terms most commonly Googled by Americans along with our explanations as to their meanings. Continue reading

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It has been a long time since this there has been a post on this blog.  Some might actually say we have been negligent.  So, we thought we would use our return to discuss the law of negligence, especially since negligence is at the heart of injury and wrongful death law.   Negligence is comprised of three things: breach of duty, causation and damages.  It sounds easy enough, but these concepts are the stuff of nightmares for first year law students in a tort class.   Let’s get to it. Continue reading

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Recently, a woman in the Chicago suburbs was driving while doing a live stream on Tik Tok.  As she was smiling in the camera and responding to comments, a loud thud can be heard on the video followed by the driver saying: “F@ck, f@ck, f@ck, I just hit somebody”.   A child in the vehicle asks what happened and then the video was disconnected.   The driver remained at the scene until authorities arrived but unfortunately the man that she hit died from his injuries.  Let’s look at some of the legal ramifications of this tragedy. Continue reading

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Regardless of whether you call it Blackout Wednesday, Thanksgiving Eve, Whiskey Wednesday or Drinksgiving, the day before Thanksgiving is popular for excessive drinking.  More recently, Green Wednesday has entered the nomenclature, and it refers to those who prefer marijuana to, or in addition to, alcohol on the day before Thanksgiving.  The day before Thanksgiving is a popular day for partying for several reasons.  First, college kids and young adults return to their hometown for the Thanksgiving holiday and are eager to socialize and catch-up with old friends.  In addition, plenty of folks get off work and are ready to unwind knowing they have the next day off from work.  As a result, the National Highway Traffic and Safety Administration reports that the Wednesday before Thanksgiving is one of the deadliest days of the year for drunk driving.  Here are some things you can do to protect yourself and others. Continue reading

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At this time of year, across college campuses, fraternity hazing is well underway.  The pinnacle of fraternity hazing is “Hell Week”, which is typically the last step before formal initiation into a fraternity.  Hell Week and the rest of the pledge process are often characterized by physically demanding activities, sleep, drink and food deprivation, forced consumption of alcohol and nicotine (vapes, Zyn pouches, etc.), paddling or other forms of physical abuse, humiliation, exposure to extreme cold or heat, etc.  The pledges’ eagerness to join a fraternity makes them easy targets for mental and physical abuse that can often result in injury or death.  Is hazing illegal? Who can be held responsible? Continue reading

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The short answer is “Yes”.  You absolutely can use an AI tool to help you handle your claim yourself.  But the better question is this:  Should you use an AI tool to handle your own personal injury claim?   We believe the answer to that question is “No.”  Allow us to explain. Continue reading

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Public schools in Middle Tennessee have already started and tomorrow marks the first day of school for private schools.  Of course, this means more drivers on the road during rush hour, more pedestrians and bikers and, of course, more buses.  Do you know important Tennessee laws regarding pedestrians and bikers?  Do you know under which circumstances you do not have to stop for a school bus with activated lights?  Take our true/false quiz and see what grade you receive on driver safety. Continue reading

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A “never event” in medicine is an event that should not happen.  It is generally considered a serious, preventable medical error that, in an ideal world, should not occur.   One example of a “never event” is when a surgeon and the surgical team leave a sponge or medical device in a patient.  Sponges are the most common foreign object left in patients but guide wires, devices, pieces of devices and even surgical instruments have been left in patients.  Read on to learn which surgeries carry the highest risk, the symptoms a patient can experience if a sponge or other object is left and your legal rights if this should happen to you or someone you love. Continue reading

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In the first quarter of 2025, the number of recalled products in our country rose 25%.  Primarily, the increase was a result of more recalls related to food, drink and pharmaceuticals, although consumer products had their highest number of recalls in 14 years. Interestingly, these increases come against a backdrop of an understaffed agency.  The Government Accounting Office has reported that the Food and Drug Administration (FDA)  has been understaffed for inspections since 2018, during the Biden administration. However, with the cuts by DOGE that were approved by the Trump administration, the FDA’s budget and staffing has been reduced even further.  The unfortunate but obvious prediction is that there will be more recalls and more injuries to the American public. Continue reading

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In a recent survey where drivers were asked to rank the driving behaviors that worried them the most, distracted driving was at the top of the list, ranking above both speeding and aggressive driving.  In fact, 78% of drivers believe that distracted driving is a safety issue on their roadways.   Unfortunately, they are right.  In a recent Nationwide Insurance survey, 20% of drivers admit to texting while driving, 15% use social media, 13% actually watch videos and 11% write or read emails while driving.  Most people would agree that all of this is distracted driving.  But, what about simply talking on the phone?   Is hands-free cellphone use any better?  What about talking with passengers in the car?  What about listening to the radio? Continue reading

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