"Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself."
(Poppe Law Blog)... this post is about why no one should be surprised that a defendant would refuse to accept responsibility for its actions. As a lawyer that represents people that have been injured as a result of someone else's negligence or misconduct, I see defendants ... victim instead of the wrongdoer (most recently in the Louisville Zoo lawsuit they blame the victims and their lawyer, too). I find this behavior inconsistent with the oft spoken mantra of tort reformers that we need more "personal responsibility." ...
July 3, 2009 06:00 am
Stoel Rives Expands Its San Diego Office
(Renewable + Law)... in 1995 and obtained his A.B. at Augustana College in 1992. He is admitted to practice law in the state of Wisconsin and is pending bar admission to the state of California. _____________________________________________ David Quinby is the current office managing partner of the ... a national ranking for its Renewables and Alternative Energy practice from Chambers USA: America's Leading Lawyers for Business (2009), rating among the top law firms in this category. The firm has been at the forefront ...
July 2, 2009 01:32 pm
Pending Legislation to End Mandatory Securities Arbitration?
(Investment Fraud Lawyer Blog)... by Congressman Hank Johnson of Georgia in March, and the Senate version, S. 931, was introduced by Senator Feingold of Wisconsin in April. While the House version proposes to eliminate compulsory arbitration in consumer, employment and franchise agreements without specifically ... a case-by-case basis whether it is best for that particular client to sue or go to arbitration." Page Perry's lawyers are experienced at both litigation and arbitration, and says Jones, "we would love to have the freedom ...
July 2, 2009 10:14 am
Whither The Heeding Presumption?
(Drug and Device Law)... That sounds like "common sense" to us. We don't read every warning that we encounter - and we're defense lawyers. Like Riley, we don't think anybody else does either. Next, the dissent raises the perceived difficulties involved in requiring ... App. Dec. 19, 2007) (unpublished). Elsewhere, courts have concluded that Alabama, Georgia, Minnesota, New Hampshire, South Carolina, and Wisconsin do not recognize the heeding presumption. See Gurley v. American Honda Motor Co., Inc., 505 So.2d 358, 361 (Ala ...
July 2, 2009 05:18 am
Parental autonomy includes the freedom to decide wrongly
(NJ Family Issues)... that it has been identified as a fundamental liberty interest protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See Wisconsin v. Yoder, 406 U.S. 205, 232-33, 92 S. Ct. 1526, 1541-42, 32 L. Ed. ... please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator. Legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, ...
July 2, 2009 04:56 am
New Jersey Law Journal: News Briefs July 1, 2009
(New York Supreme Court Criminal Term Library Blog)... and where it was missing the mark, he didn't know what he was going to get or how the lawyers would react. But to avoid such conversations because they invite complaints is ... bars in several states are protesting new Federal Trade Commission rules that require lawyers to become involved in preventing identity theft. On June 22, ABA president H. ... Virginia have also contacted the FTC to express their opposition, with Oregon and Wisconsin expected to follow shortly." New Jersey Law JournalĀ® P.O. Box ...
July 1, 2009 01:06 am
Chinese Regulators Meet with Consumer Products & Safety Commission to Discuss Chinese Drywall Problem
(Construction Litigation Law Blog)... 2007. To date, the defective drywall has been reported in Florida, Louisiana, Virginia, Alabama, Arizona, California, Georgia, Kentucky, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Tennessee, Texas, Washington, Wisconsin and Wyoming. Officials from the CPSC met with ASIQ regulators earlier this month to discuss technical issues involving Chinese drywall and traveled with a CPSC investigative team in order to observe inspections and samplings conducted by the CPSC in one ...
June 30, 2009 09:13 am
University of Wisconsin requires physicians to divulge outside income
(Chicago Medical Malpractice Lawyer Blog)... physicians to use a certain company's devices or drugs may jeopardize patient care. As a medical malpractice lawyer in Chicago, I support the University of Wisconsin policy that requires physicians to divulge outside income. John Fauber reported for the Milwaukee Journal Sentinel (6/20), "At least 11 doctors with the University of Wisconsin School of Medicine and Public Health received more than $50,000 from drug or medical device companies last ...
June 29, 2009 03:17 pm
JBS Swift Beef Recall
(Food Poisoning Law Blog)... were distributed to Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin. The recalled JBS Swift Beef products were produced on April 21, 2009 and were distributed both nationally and internationally to " ... the recalled beef is to contact all stores and eating establishments where you purchased a beef product. Read "Are You Part of an E. coli Outbreak?" CONTACT OUR LAWYERS ABOUT E. COLI VICTIM COMPENSATION >>
June 29, 2009 10:45 am
JBS Swift Beef Recall
(Food Poisoning Law Blog)... were distributed to Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin. The recalled JBS Swift Beef products were produced on April 21, 2009 and were distributed both nationally and internationally to " ... the recalled beef is to contact all stores and eating establishments where you purchased a beef product. Read "Are You Part of an E. coli Outbreak?" CONTACT OUR LAWYERS ABOUT E. COLI VICTIM COMPENSATION >>
June 29, 2009 10:45 am
... by other companies. The highest risk products for consumers are raw ground product, trim or other non-intact product made from the products subject to the recall. The first recalled products were produced on April 21 and 22 and shipped to distributors and retailers in states including Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin. It is unclear if the expanded recall of product includes other states.
June 28, 2009 03:16 am
Recent Developments in Lawyer Skills Training
(Conglomerate)... the continuing debate about skills training. In a particularly thoughtful follow up to my original post, Steve Hurley at Wisconsin wrote this: Long ago, we substituted schools for apprenticeships as the premise for the practice of law. Few would argue that ... was bad. But, is not the teaching of "skills" the academic institutionalization of an apprenticeship? If so, is it the exclusive way that a lawyer ought be prepared? Did we throw away too much of apprenticeship when we saw that schools could ...
June 27, 2009 07:35 am
Legal Eagle Wedding Watch 6.21: The Thorn-Nerds
(Above the Law)Gentleman, how emasculated would you feel if your future father-in-law shuttled your bride down the aisle, and then, instead of pecking her on the cheek and handing her over, actually turned around and performed the wedding ceremony? Talk about control issues. That's exactly what this groom endured last Sunday, as he was married by his father-in-law, United States Federal District Judge Jed S. Rakoff. The Rakoff wedding didn't make our final three. Neither did a couple of lesbian unions, a ...
June 26, 2009 01:38 pm
The Wisconsin Law Journal reports that furloughs for more than 570 non-judicial staff of the Wisconsin court system are on the horizon, but how they will be implemented is yet to be determined. From the article: On June 23, Gov. Jim ... , who still expected additional furloughs to be discussed. Keith Sellen, who oversees the 29 state employees at the Office of Lawyer Regulation (OLR), said it is hard to estimate to what extent closing the office for the equivalent of almost two weeks throughout the ...
June 26, 2009 11:04 am
Kia Optima Models Recalled in Maryland for Potentially Dangerous Condition
(Maryland Car Accident Attorney Blog)... Kia. The states affected by the recall include Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia. Kia dealers will inspect recalled cars, and if necessary, repair the subframe free of charge. Dealers are expected to contact owners through the mail this month, but those who wish to make their own repair ...
June 25, 2009 02:43 pm
Jane Pribek of the Wisconsin Law Journal has written a useful article on the lawyer directories, Justia and Avvo. From the article: Justia is led by former FindLaw CEO and co-founder Tim Stanley. It's more than ... people who are already legal industry 'insiders.'" Some additional soundbytes from the article: "There are other online attorney databases, such as Lawyers.com from the old standby, Martindale-Hubbell. But Avvo and Justia are free, whereas Lawyers.com is not." "What differentiates the ...
June 25, 2009 01:43 pm
Supreme Court Rules Defendant Has Right to Live Testimony of Lab Chemist
(TalkLeft: The Politics of Crime)... violated petitioner's Sixth Amendment right to confront the witnesses against him. In my view, too many defense lawyers stipulate to the chemical evidence rather than take on a chemist. Maybe this decision will encourage more of them to challenge the ... I had my client retain both a chemist from the University of Colorado and a renowned defense attorney, James Shellow from Wisconsin as co-counsel, who specialized in challenging forensic drug evidence. During Jim's cross-examination of the chemist, ...
June 25, 2009 10:28 am
The Psychological Effects of Physical Injuries
(Arizona Accident Lawyer Blog)... also suffers psychological harm following serious bodily injury? These claims are frequently considered unimportant. Even lawyers are quick to discount the impact that mental distress has on the lives of injury victims. This is not a case of whiplash ... an article published by Mark D. Rusch, associate professor and rehabilitation psychologist at the Medical College of Wisconsin. Before criticizing, consider Rusch's discussion of the emotional effects that nearly always follow physical injuries. ...
June 25, 2009 07:00 am
Texting While Driving Significantly Increases Risks for Personal Injuries and Wrongful Deaths - Texting While Driving Is Negligent
(Child Injury Lawyer Blog)By Jonathan Safran, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on ... light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention. In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two ...
June 25, 2009 04:00 am
Jeremy Babener's Dissipation Paper Review- The "Squandering Plaintiff" Redux
(Structured Settlements 4Real)... 2006 Fordham Law Journal treatise "How Much is That Doggy in the Window?". Scales' 2002 "one hit wonder" for the Wisconsin Law Journal on structured settlement factoring is described by Hindert as "remarkable" for allegedly exposing "false dissipation ... dismiss the anecdotal evidence or personal experiences of the settlement planner, structured settlement broker or a personal injury lawyer who has represented hundreds or thousands of plaintiffs. One recovery management firm has handled over 25, ...
June 24, 2009 11:49 am