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Personal Injury Law

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Last Entry: May 19, 2010 at 05:12:34

Nursing Home Direct Care Givers are Essential to Good Care

Posted on September 05, 2009
The SCAN Foundation, a California philanthropic organization which was established to advance the development of a sustainable continuum of quality care for seniors released a paper which confirmed that direct care workers ('DCWs') are essential to quality nursing home and home health care for the elderly...

Arbitration Clauses and Consumers

Posted on September 02, 2009
Arbitration clauses are a huge aspect of many of our largest purchasers as consumers. Whether it is a mobile home, a car, or an entertainment center, many companies now have customers sign a contract that will require them to arbitrate any controversies that may arise from the purchase of a product...

College Football Season is almost here, make sure you are prepared...

Posted on August 30, 2009
I like most men from the South, really like College football. Ok, I love college football. Growing up in the South, it is tradition to attend tailgates at college towns like Tuscaloosa, Athens, Auburn, and my personal favorite, Oxford, Mississippi...

The Healthcare Debate - Inform Yourself

Posted on August 30, 2009
The healthcare bill being considered seems to have a 1000 angles. One of the problems with tackling this monster is that it has many causes, and most of those causes lead back to a special interest group. When I am having trouble resolving a legal issue, I like to break things down in small pieces, so I can see the forest for the trees...

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Your Dryer - Is There A Fire Inside?

Posted on August 29, 2009
I ran into a friend in court a few weeks ago who looked distressed. As we spoke, the cause of that distress spilled out - a fire had just about destroyed a weekend getaway he owns nearby. The cause - his dryer vent hose became obstructed with lint and overheated...

Keeping Your Child Safe on the Way to School.

Posted on August 25, 2009
As the dog days of summer come to a close and we begin to hear the groans of children heading back to school, we should take a moment to sit down with our kids and teach them about safety. After all, for some parents this will be the first time thier child has not been in their care or a trusted confidant's care for more than a few hours...

Executive Responsibility

Posted on August 24, 2009
Let's hear it for New York federal Judge Jed S. Rakoff who, in presiding over the settlement between the S.E.C. and Bank of America. Judge Rakoff is requiring disclosure of the identity of the individuals who failed to disclose huge bonuses that Merrill Lynch was paying on the verge of merging with BOA...

Wendell Potter - Inside Man

Posted on August 24, 2009
Though there has been press coverage of Wendell Potter's changing role, it has been curiously light. In June, he testified before Congress on the abuses of HMOs. Now he's back in the picture, weighing in on the health care debate: The former vice president of corporate communications at insurance giant Cigna, who left his post, says the industry is playing "dirty tricks" in an effort to manipulate public opinion...

Think something isn't your job, be careful it just might be..

Posted on August 23, 2009
More and more people don't realize what they are signing up for when they take new jobs and the fact that they are taking on new responsibilities. This is a big mistake that can come back to haunt them. Some jobs have fiduciary duties that create legal obligations that a person will owe to third parties merely based upon their job title...

Nursing Homes Owners: Care Givers or Money Grubbers?

Posted on August 19, 2009
While we have learned about nursing home owners and operators setting up sham corporations to own property, rent facilities, ‘manage' nursing, and ‘consult' with nursing homes allowing them to rake in money, I never thought I would see them scoop so low as to rip off their own underpaid employees...

Water Rights

Posted on August 18, 2009
You've finally retired and have purchased that dream plot of forty acres. You know the one just outside of town, with open spaces where grandkids can come and explore, where the only honking you hear is from the Canadian Geese who have come to spend the winter in a nearby pond...

Misdiagnosis

Posted on August 17, 2009
Kentucky Senator Mitch McConnell is yet another anti consumer republican trying to shift the focus from insurance reform by pretending that problems in health care are the result of 'junk lawsuits'. A well researched editorial published by a leading newspaper in McConnell's home state points out that McConnell's claims are contradicted by empirical evidence...

Hurricane season is about to kick back up again for the Gulf Coast....

Posted on August 16, 2009
As someone who grew up on the coast, I used to enjoy hurricane season. Most of my friends enjoyed hurricane season, what wasn't to like? School would shut down, families and friends would get together for hurricane parties, and all in all, even if there was a cleanup required after wards, the payoffs were more than worth it...

Finding Quality Medical Care ... And Avoiding Bad Care

Posted on August 15, 2009
When a lay person calls me about a legal problem, it is generally a friend or former client. We encourage them to call us because, although we confine our practice to civil jury trials, we want them to get quality representation if their problem is outside our area of expertise...

Is Justice is Second Fiddle to Arbitration?

Posted on August 15, 2009
Maybe arbitration involving consumers is beginning to run its course. A recent post by Wayne Parsons describes Bank of America's decision to stop forcing arbitration on consumers. Wayne cited David Robertson's belief that Bank of America's decision was a result of the recent decisions by the National Arbitration Forum and the American Arbitration Association to stop hanlidng consumer arbitrations as well as by increased congressional scrutiny...

American Academy of Pediatrics, recommends rear facing car seats for kids up to Two years old...

Posted on August 09, 2009
Recently, one of the partners at my law firm, Burns, Cunningham & Mackey, blogged with the recommendation of having your child secured in a rear facing car seat versus being in a front face car seat. Well the Ameican Academy of Pediatrics have recently commented that the safest position for your young child is rear facing, which our law firm has been advocating...

The Adjuster Says We Can Work It Out - Part 3

Posted on August 08, 2009
In the last entry of this series, let's discuss you acting as your own lawyer. Rule number one -- don't think about it. Rule number two -- don't think about it. If rules number one and two go unheeded, here's the advice I would give. First, get organized...

Nursing Home Caregivers Strike

Posted on August 08, 2009
Over 300 union members at the four OMNI nursing homes in New Jersey have been without a contract since 2007. Two years ago, the owner of these homes, Avery Eisenreich, walked away from the negotiations and unilaterally implemented a number of changes including a loss of pension payments...

Check Fraud

Posted on August 05, 2009
Nearly all of us have had it happen to us at least once. First all oxygen appears to be sucked from the room, then, almost simultaneously, your stomach is twisted into a pretzel as if you are one of the performers from Cirque de Sole, and it is only after the flood of fear that the true fun begins...

The Adjuster Says We Can Work It Out - Part 2

Posted on August 02, 2009
In the second part of this series, I want to discuss health insurance and how it plays into the settlement of your injury claim in a car collision. The overwhelming majority of Americans who have health insurance get it through their employment. Most of these policies are covered by a Federal law known as ERISA...

When your Health Insurance Policy is Rescinded

Posted on August 02, 2009
Post hoc underwriting is the process the medical insurance companies use to cancel a customer's policy after the customer develops a serious illness. If the individual develops a condition that is likely to result in large medical costs the insurance companies scour the customer's medical records to see if there is any basis for contending that the customer had a medical condition that materially affected the customer's health...

Are you about to sign an employment contract?

Posted on August 02, 2009
More and more companies are requiring their prospective employees to enter into employment contracts, and in this economy, most prospective employees would sign anything if it meant they were able to get a job. Employers know this, and they will exploit it unless employees attempt to protect themselves...

Federal Campaign for Mandatory Use of Anti-Alcohol Control

Posted on July 31, 2009
BLOG USA Today reports that there is a national campaign against first-time drunk driving offenders which is gaining support throughout the United States. This past year three states enacted laws requiring all first time driving while intoxicated violators to install devices on their vehicles which interlock with the ignition system and measures their alcohol content...

Condo market in Orange Beach, Alabama looks to rebound....

Posted on July 26, 2009
As the condo market falls on the Gulf Coast, developers are looking to get out from crushing debt, and are beginning to auction off their condominium units at rock bottom prices. This past weekend, the first of multiple auctions of condominium units occurred this past weekend, and more auctions are coming...

Potentially Dangerous Remington Rifles

Posted on July 25, 2009
Remington Arms Company, Inc. has had knowledge of unintended discharge for the Model 700 and 710 rifles over the past 30 years. There have been numerous lawsuits against it over a defective design of the trigger mechanism in both the Model 700 and 710 rifles...

Sexual Harassment suit allowed to go forward against Home Depot...

Posted on July 19, 2009
The 11th Circuit Court of appeals reversed a granting of a summary Judgment by a Federal District Court Judge in favor of Home Depot. Congratulations to the attorneys on behalf of the Plaintiffs, and good luck at trial. blog.al.com/live/2009/07/appeals_court_allows_home_depo...

Medical Malpractice: Universal health care & shifting the cost of negligence

Posted on July 15, 2009
We have approximately 50 million Americans without health insurance. Health care cost following an accident or illness is the most common cause of bankruptcy in the United States. Cleary this is a system in need of change. Congress and the President are proposing universal health care legislation...

Girl's ATV death brings out mourners in Fairhope....

Posted on July 12, 2009
An unfortunate accident involving an ATV, has claimed the life of another young child. "The driver apparently turned too sharply, the vehicle rolled over and Dunnam's head was struck, Sawyer said. She likely died instantly; family members tried to revive her before emergency personnel arrived, he said...

Best Nursing Homes and Tips to Help Find Them

Posted on July 07, 2009
The U.S. News and World Report's July 7, 2009 issue has some very helpful information for those of us faced with putting a loved one in a nursing home. It also lists the 41 best nursing homes in the country. Sadly, none of those homes are in Alabama or Mississippi where I practice...

Undue Influence

Posted on July 07, 2009
Many people do not realize that when a beneficiary is active in procuring a will it generally creates a presumption of undue influence. Whether a beneficiary was 'active' in procuring the will" is fact driven but a presumption may arise from something as minor as taking the decedent to the lawyer's office...

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