I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading
In a nutshell, here is the case: Jacqueline Fox had used talcum powder for more than 35 years. After she was diagnosed with ovarian cancer, a pathologist found talc in Fox’s ovaries. Experts believe the talc caused inflammation, which led to cancer and Fox’s death. During a recent trial, a St. Louis jury awarded $72 million dollars to Fox’s family. Continue reading
I have been meaning to write about this for days but work and other matters have kept me too busy to do so. But in the days since I first heard about this, I can tell you my anger has not dissipated. Earlier this month, Newsweek ran the following headline on a story: “New Catholic Bishops Told They Don’t Have To Report Sexual Abuse to Police”. French Monsignor Tony Anatrella told bishops they do not have a duty to report abuse to the police because that is the responsibility of the victims and their families. Oh really? Let’s discuss this for a moment. Continue reading
Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should hire his own lawyer separate and apart from any lawyer hired by his insurance company? Before I get to that, let me start with something more important. Continue reading
Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags. The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats. The Consumer Product Safety Commission issues a new recall virtually every day. As a consumer, how do you know if the products you and your family use are safe? And what do you do if you get hurt by a defective product? Continue reading
You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR. Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading
Well it is finally here: winter weather. If you have to get out and about in it, here are some winter driving tips along with a very important piece of advice about your insurance. Continue reading
So, it is January 4th. How many of your New Year’s resolutions are already busted? If you are like most of us, it is probably at least one. That is the bad news. But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading
Earlier this month, a Shelbyville woman was arrested for her 17th DUI. No, that is not a typo– seventeen DUIs. According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.
Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license. If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading
A few weeks ago, I received a voicemail from a lawyer indicating he would like me to be a witness in a case and wanted to talk to me about my recollections surrounding the event at issue. I will confess my response was to cringe a little. As a trial lawyer, I am intimately familiar with the litigation process so nervousness about the process, etc. was not the issue as it understandably is with some who get a subpoena. Instead, my cringing had more to do with the time involved in being a witness and getting involved in a conflict with folks that I happen to know. But once the cringe moment passed, I realized this was an opportunity similar to the one I received when I was called for jury duty. It was an opportunity for me to be reminded of what it is like to be a part of litigation in a role other than as a lawyer.
So I thought it might be helpful to write a few posts about the overall process of being a witness in hopes it might be helpful to others in the same situation. Let’s start with the cardinal rule: any trial lawyer worth his or her salt does not want you to testify at a trial without knowing what you intend to say. So that only leaves a few options. Continue reading
