Posts Tagged ‘lawyer’
Tuesday, July 1st, 2008
There’s a good op-ed online in today’s Clarion-Ledger in Jackson, Mississippi by insurance-defense lawyer Alex Alston (certainly no bomb-throwing liberal trial lawyer) about how that state’s high court has shifted to protecting businesses and insurers over injured consumers. Switch the states and names and he could as well be describing the Texas Supreme Court.
Notable among Alston’s comments are these:
“Our entire judicial system is built on a “rule of law.” In other words, it makes no difference whether you are a prince or a pauper, the law must be precisely the same for all. A court that substitutes its opinion for that of a jury, or simply decides a case for the benefit of a favored party, tears the basic fabric of our judicial system to shreds. If the rule of law is not followed, the entire foundation of our judicial system is undermined. The public has a right to expect the Supreme Court to follow the rule of law and decide the cases before it fairly and impartially without favor to any party regardless of status, race, creed or color…Should we not demand that [they] follow the rule of law? Certainly it is a fair question to ask why 88 percent of the time, the court reverses a jury verdict for a plaintiff and substitutes its own opinion, and why, in 100 percent of the cases involving an injured victim’s appeals from a jury verdict in favor of a defendant, the court finds for the wealthy or powerful defendant. Our court must be more than a rubber stamp for the rich and powerful. Shouldn’t we expect that and more?”
Well said, Mr. Alston. Undermining the rule of law for injured consumers hurts us all in the long run.
John Cummings
Tags: Jury, lawyer, lawyers, undefined
Posted in Jury, Rule of Law | No Comments »
Wednesday, June 25th, 2008
LBJ Freeway was shut down in both directions near Plano Road after a fiery and fatal crash Sunday morning. Three vehicles — including an 18-wheeler and a pickup truck — collided in the eastbound lanes of of the highway just east of Plano Road at 7:35 a.m. All three vehicles caught fire. There were still massive backups on LBJ Freeway on Sunday afternoon, more than six hours after the incident.
Also from wfaa.com regarding that same wreck:
A 22-year-old woman was killed after she was hit by a car while trying to take pictures of a three-vehicle accident on LBJ Freeway early Sunday. April Sterling, of Dallas, and her friend were heading west on LBJ Freeway near Plano Road when they stopped so she could take pictures of the accident that occurred about 7:45 a.m., said Dallas police Sgt. Gil Cerda.
Ms. Sterling wanted to get closer to the accident scene so she ran into the HOV lane when a vehicle traveling west struck her, throwing her into the eastbound lanes of the freeway. She was taken to Parkland Memorial Hospital where she died from her injuries.
The three-vehicle accident shut down both sides of LBJ Freeway for several hours. Police said a tractor-trailer was heading east on the freeway and driving over a hill when he locked his brakes to avoid hitting two trucks parked on the freeway’s shoulder. The tractor-trailer crashed into the two pickups, causing all three vehicles to burst into flames. One driver was taken to an area hospital. That driver’s condition was unknown Sunday evening. Sgt. Cerda said the tractor-trailer driver faces a misdemeanor charge of faulty evasion action.
Tags: accident, Dallas, lawyer, lawyers, truck, truck accident, truck wreck, trucking accident
Posted in Trucking Accidents | No Comments »
Monday, April 21st, 2008
A man rented a U-Haul truck to help his daughter move. While getting out of the rear of the truck, the 6-ton truck rolled over the man and left him a paraplegic. 14 surgeries later, he still requires around-the-clock care.
He filed a lawsuit against U-Haul, alleging negligence for renting out a truck that was not roadworthy with faulty emergency brake and worn-down gears. A Dallas County jury last Friday found U-Haul liable and awarded the plaintiffs $87 million.
U-Haul says it plans to aggressively appeal the verdict. It issued a statement that this verdict “is another example of abuse of the legal system against corporate citizens in America.”
Shame on U-Haul. There has never been a more corporate-friendly time in our justice system than right now. Big Business has lobbied to change the laws in their favor, they’ve plowed thousands of dollars into electing judges who are favor corporations over consumers, and they’re benefiting from a 20-year media campaign to vilify victims and their lawyers and poison the jury pool against plaintiffs.
The fact that a Dallas County jury hit them hard tells me that the evidence was truly damning, but U-Haul will no doubt string this out in the appellate system for years to come.
Tags: Dallas, Jury, lawyer, truck
Posted in corporate negligence, personal injury, truck accident | Comments Off
Friday, March 7th, 2008
Jamie Jones, the young woman who alleges that she was drugged and raped by her Halliburton/KBR co-workers while she was in Iraq, has filed suit in federal court in Houston. Halliburton wants to force Jones’s claims into arbitration per her employment contract, which is outrageous given the inquities of arbitration against the plaintiff.
Halliburton’s attorneys argued that the contract Jones signed binds her to settle all claims - including claims of sexual assault - against her former employer through arbitration. In the next breath, they argue that her claims were not related to her employment, despite her allegations that Halliburton co-workers raped her in Halliburton barracks.
Defense attorneys also chortle over the fact that Jones has changed her story “several times.” Well then, tough guys, you shouldn’t fear trying her case to a jury, should you? Go win it the old fashioned way through good lawyering and tough cross-examination, not through a private arbitrator who always rules for the employer.
Tags: lawyer
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Wednesday, March 5th, 2008
Excellent piece in yesterday’s Los Angeles Times describing how arbitration is supplanting jury trials. Here’s an excerpt:
“Tort reform is a game of bait-and-switch in which ordinary citizens have been snookered by carefully orchestrated and relentless propaganda into seeing a phantom boogeyman in the much-reviled “trial lawyer” who brings “frivolous lawsuits” to “runaway juries” that render “out of control verdicts” in “judicial hellholes,” making insurance rates and the costs of all goods and services go up. Well, none of those expenses have gone down, have they? All the while, the real target was the justice system set up by our founders to protect the average citizen, and now it is in serious peril.”
Well said, Ms. Garrity.
Tags: Jury, jury trials, lawyer, tort
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Tuesday, February 5th, 2008
Jury service in the United States is unique among justice systems worldwide, so much so that American juries have been called the “bulwark of democracy.” In fact, our Founding Fathers believed trial by a jury of one’s peers to be of equal importance with representative government, and both concepts were integral in drafting the Declaration of Independence. Thomas Jefferson said, “I consider trial by jury as the only anchor yet devised by man by which a government can be held to the principles of its constitution.” Well over two hundred years later, Jefferson’s anchor still holds fast, despite repeated attempts to dislodge it.
But is the jury system at risk? Regretfully, yes. More and more arbitration clauses, anti-consumer legislation, and anecdotal horror stories about “frivolous lawsuits” and “out of control jury verdicts” have put a damper on the number of civil cases that go before a jury. Coincidentally, a recent nationwide poll shows that a majority of Americans do not mind jury service and view it as a privilege and an active part of democracy. It is ironic that in a time of declining access to the courthouse, most of us are willing to serve as jurors.
Quite simply, jurors level the playing field in the search for justice. My favorite fictional lawyer, Atticus Finch, says in that classic book To Kill a Mockingbird, “The only place where a man ought to get a square deal is in the courtroom.” How true. The next time you open the mail to find a jury summons, I hope you’ll take a moment to reflect on the importance of jury service and perhaps groan a little softer. And I hope your experience as a juror is rewarding and meaningful.
Tags: Jury, lawyer
Posted in Jury | Comments Off
Monday, December 31st, 2007
The former police officer suffered brain injuries and requires constant care, his lawyer says.
A jury awarded $15.7 million to a San Diego man who sued the city of Los Angeles after he was struck by a city-operated dump truck while riding his motorcycle in Northridge.
The jury reached a decision last week in the case filed by Barry Bowman, a 62-year-old retired police officer who suffered brain injuries as a result of the accident, according to his lawyers.
Bowman’s attorney, Michael Alder, said the 2-year-old lawsuit went to trial after his client was unable to reach a settlement with the city’s lawyers. “They never seemed to understand the potential liability,” Alder said. “They never offered a dime more than $50,000.” The city has not decided whether to appeal.
Bowman, a 24-year veteran of the Los Angeles Police Department, suffered short-term memory loss and requires 24-hour care as a result of the accident, Alder said. The jury assigned Bowman roughly $4.7 million to cover his medical costs and lost wages and $11 million for pain, suffering and emotional distress.
Tags: accident, Jury, lawyer, truck accident
Posted in truck accident | Comments Off
Wednesday, December 19th, 2007
Allstate refuses to turn over documents in a Missouri lawsuit which pertain to company policies “allegedly” designed to shortchange clients while earning itself huge profits. Even the Missouri Supreme Court, not exactly known as a hot bed of liberal judicial activism, orders Allstate to turn over the documents. They still refuse. So the trial judge fines Allstate $25,000 per day until the turn them over. They still refuse. This has been going on since September.
The fine currently exceeds $2.4 million. Yet Allstate’s lawyers say the company will not produce these records for public view no matter how much the court fines them.
This display of arrogance and contempt towards courts and the rule of law is just mind-boggling. But perhaps most disturbing is how Allsnake will stop at nothing to screw their own insureds.
Tags: insurance, lawyer
Posted in Uncategorized | 1 Comment »
Monday, December 17th, 2007
Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals (that’s the highest court in the state for criminal matters), has been named in a wrongful death lawsuit brought by the widow of Michael Wayne Richard. Richard was executed by the state on September 25th, after his lawyers tried unsuccessfully to file a last-minute appeal.
Keller contends that while she ordered the clerk’s office closed promptly at 5 p.m., state law clearly gave attorneys for death row inmate Michael Wayne Richard the power to contact judges on the court directly.
In papers filed in U.S. district court in Austin, Keller said Richard’s lawyers made no attempt to contact any judges on the court, even though three were available Sept. 25, the date of Richard’s execution in 1986 rape and murder of Marguerite Dixon, a Houston-area mother of seven. Keller said the clerk’s office was closed but the court’s building remained open.
Keller has garnered national attention for refusing to extend the court’s closing time prior to Richard’s execution, despite calls from Richard’s attorneys alerting her office they were experiencing computer problems and begging for extra time.
But in a motion to dismiss the suit, Keller said Texas law “provides a clear and unambiguous avenue for litigants to file documents with the (Court of Criminal Appeals) directly through any of its judges, so Richard did not need the CCA clerk’s office to stay open after hours to file his motion.” This is the first time Keller has claimed Richard’s lawyers could have directly gone to other judges on the court. She previously has tried to shift blame to Richard’s lawyers by saying they had all day to file.
Jim Harrington, director of the Texas Civil Rights Project, called Keller’s argument “shameless” and said “The rules of procedure in the law are supposed to serve justice and here you have a case where a guy’s life is at stake. It’s literally a matter of life or death and to fall back on some off-the-wall assertion, ‘go find a judge and file it that way’ is absurd. It makes a farce of the law.”
Story here.
Tags: lawyer, texas, wrongful death
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Wednesday, December 12th, 2007
WATERBURY, Conn. - Attorneys say the family of a Madison teen killed nearly six years ago in a car accident is to receive an $18.3 million settlement. Seventeen-year-old Tim Orefice was killed in Guilford on Jan. 25, 2002. The teen’s car was hit by a Guilford Texaco tow truck driven by Jason Secondino. Secondino, Guilford Texaco, and the company which leased the truck to Guilford Texaco, were all sued in the case that went to trial in October at Waterbury Superior Court. A lawyer says the settlement was reached on the day before closing arguments. An attorney for the family says the award came years after the Orefice family proposed a $1 million settlement that the defendants refused.
Obviously, that jury must have seen some baaaaad evidence and the plaintiff’s lawyers were ready to put on a whale of a closing argument. Wonder if it was the defendants or their insurance company who decided to refuse the earlier offer?
Tags: car wreck, Jury, lawyer
Posted in car wreck | Comments Off
