Personal Injury Law

Sitemeter May Be Causing Your Website to Crash

Posted on August 02, 2008
If you use Sitemeter on your blog or website, it is probably causing problems when people visit using Internet Explorer 7. The problem began on Friday and remains unsolved Saturday afternoon. I took a day off yesterday and was away from my computers, so I only learned about the problem this morning...

The State of Law Blogging in Oklahoma, 2008: Part Three

Posted on July 31, 2008
Part One Part Two Here at Terra Extraneus we are assembling what we hope will become an authoritative listing of Oklahoma law blogs. In two previous posts, we searched the 526 blogs listed on the Blog Oklahoma directory and found 7 blogs which meet the criteria (a table of those blogs is on our Okla Law [...

Insurance Law ? Bad Faith for Negotiating?

Posted on July 30, 2008
Oklahoma has once again affirmed that offering less than the amount for which an insurance company evaluates the value of a claim could be bad faith conduct by an insurance company toward its insured. Miller v Liberty Mutual Fire Insurance Company, 2008 OK CIV APP 65 (Okla...

The State of Law Blogging in Oklahoma, 2008: Part Two

Posted on July 27, 2008
? Part One It appears that nobody is doing the very important work of maintaining a directory of Oklahoma law blogs. Ever eager to serve the community by meeting a need that no one else even knew existed, we at Terra Extraneus are stepping forward to host and maintain such a list...

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The State of Law Blogging in Oklahoma, 2008: Part One

Posted on July 26, 2008
I decided to survey what?s happening among fellow Oklahoma law bloggers. Back in 2006, when Terra Extraneus was young, Rod Heggy and I surveyed several Oklahoma blogs, including some law blogs. I wanted to see if any new blog stars have emerged in the Sooner State legal community...

Maybe They Wised Up?!

Posted on July 18, 2008
Investment News writer Darla Mercado reported that fixed and variable annuity sales by banks fells 4% in April and that for the third consecutive month, fixed annuities out sold variable. She quoted Jackson National Life Distributors, LLC as blaming the decline and the change in the mix of sales on ?market volatility...

Post No. 92 and Holding the Lead

Posted on July 16, 2008
I encourage you to take a look at our Top Ten page. On that page, Rod Heggy and I have listed our favorite blog posts, ten for each of us. I had not updated that page in two years, but it is updated now. Rod and I have been writing Terra Extraneus since Dec...

Buying a Business ? Franchise Risks

Posted on June 28, 2008
For many years, every kid I knew that did not go to college was somehow located and drafted by some pyramid or outside sales company. They were each eager to make their initial presentations to family, friends, and friends of their parents. Thus, I sat through many presentations on vitamins, cleansers, vacuums, and [...

HBO?s ?JOHN ADAMS?John Adams: Great and Grating, or Ordinary and Likeable?

Posted on June 26, 2008
Arrogant, contentious, vain, verbose, bookish, boorish, strident, cantankerous. Sound like anyone you know? Those are a few of the less complimentary descriptions that have been made about founding father and second president, John Adams. Biographer David McCullough described Adams as ?high-spirited and affectionate, vain, cranky, impetuous, self-absorbed and fiercely stubborn...

Book Review ? Arbitration Road Map ? Where?s the Book?

Posted on June 21, 2008
The State Bar of Texas, I guess, will publish absolutely anything. In this instance, the State Bar of Texas published a pamphlet, called it a book, and stuck in a CD to try and justify the nice cover. Arbitration Road Map, A Guide to Clauses Procedures, and Hearings, Austin 2007, is divided into two parts...

HBO?S ?JOHN ADAMS?Depriving Basic Human Rights Leads to Acts of Terror, Revolution

Posted on June 18, 2008
I have been enjoying the HBO mini-series ?John Adams? since it was released on DVD June 10. Parts of the film are quite entertaining, even riveting; some segments are a bit more tedious. That being said, I enthusiastically recommend the entire 8-1/2-hour series to anyone who appreciates the importance of history, particularly our own [...

Book Review ? The Invincible Iron Man

Posted on June 11, 2008
Unlike other professions, lawyers are often known more by their passions and hobbies than by their law practice. For example, most lawyers that claim to be undefeated in litigation maintain that claim by dumping losers on associates and partners or trying very few cases...

Credentials Marketing Limitations ? FINRA Still Missed the Mark

Posted on June 05, 2008
One of my earlier experiences with advertising material regulation was the time the NASD refused to approve an advertisement by a registered representative that contained a cartoon with a caption that read ?We put the boots on the bull.? The cartoon displayed a Texas longhorn wearing boots...

Book Review-The Believer?s Guide to Legal Issues

Posted on May 10, 2008
Stephen Bloom?s new book, The Believers Guide to Legal Issues (2008, Living Ink Books), is mis-titled. While the book is very generally about legal issues, it is more of a consumer protection guide for Christians. Possibly it should have been entitled, The Legal Services Christian Consumer Guide...

The Next Wave ? What Will It Be?

Posted on April 27, 2008
As an Oklahoma based trial lawyer, I do not have the luxury of a continuous stream of cases all in the same genre or even area of law. Largely originating on one of the three coasts (including the Gulf Coast), cases usually come in waves. I just completed a three year group of [...

An Unhappy Union ? Insurance Coverage and the Registered Representative

Posted on April 11, 2008
Errors and omissions insurance policies for registered representatives and broker-dealers have been offered at different times by different companies and usually, quickly withdrawn from the market. One of the companies that has stayed in the market longer than most has been AIG / National Union...

Insurance Law of Oklahoma ? Early 2008

Posted on April 04, 2008
While the annals of Oklahoma insurance law may not be whipped into a froth, the Supreme Court ruled that ?actual cash value? in the insurance code means the same as other insurance code terms such as ?fair value? and ?actual value.? Tyler v. Shelter Mutual Insurance Company, 2008 OK 9...

The Tax Rebate of 2008

Posted on March 30, 2008
There seems to be some fear that many eligible tax payers will not receive their tax rebates because they did not file a 2007 tax return. An old friend sent around an email indicating that some of the people that might not have filed a 2007 return could include disabled Social Security beneficiaries and [...

Will CPAs Need a Duty of Zealousness?

Posted on March 29, 2008
The Small Business and Work Opportunity Tax Act of 2007 imposed penalties on tax preparers if the tax return understates the taxes due to the government and the tax preparer knew or should have known. Most tax preparers will wisely avoid this problem by asking for less documentation from the client to avoid the [...

Law Firm Marketing Methodology

Posted on March 21, 2008
The sword play among law firm marketing pundits and bloggers of late pretty well proves the point: law firm marketing did not grow as a profession and the concept of law firm marketing, much less governing principles, have never emerged. Larry Bodine?s blog on law firm marketing and the startling candor of Betiayn [...

Two Steps Back - Oklahoma Returns to 1982

Posted on March 15, 2008
The Oklahoma Supreme Court, though not unanimously, hurled the Oklahoma Court system backwards with such force the court system is now back in 1982. Pleadings are no longer available on line from the Oklahoma court system?s internet presence, the Oklahoma Supreme Court Network...

The Funniest Oklahoma Court Decision of 2007 ? Satellite Dish Blues

Posted on February 27, 2008
What requires the skills of an appliance technician and Spiderman? A brand new satellite dish!! In 2007, the Oklahoma Supreme Court reiterated a time honored rule of law that before there is liability in a negligence claim there must be a duty. The breach of the duty must also cause the damage (injury)...

Post-Claim Underwriting ? The New Old Era

Posted on February 23, 2008
After the United States Supreme Court defanged the tort system in Campbell v State Farm Insurance Company by limiting punitive damages to ten times actual damages, insurance companies almost uniformly reverted to their business methods employed prior to the advent of theories of recovery involving bad faith breach of contract...

Hey, I Needed That!!

Posted on January 25, 2008
The folks at the 39th Annual RV SuperShow found one of our cartoons funny enough to post on their website. Our cartoon, “Red Neck Risk” portrays two of our favorite trying to hook up their RV with less than the skills taught by our friends at the RV Show, much to the suprise and [...

The Great Debaters ? What We Have Lost

Posted on January 20, 2008
I attended the showing of this great movie twice, so far, with a bitter sweet attitude. The movie brought back many memories of my own debate career. My debate partners were among the finest people and greatest minds I have ever known. One would be famous during one of America?s most tragic [...

Is Retail Securities Arbitration Dying?

Posted on January 17, 2008
Most people that engaged a financial advisor employed by a FINRA (formerly NASD) broker-dealer and all registered representatives signed something containing a mandatory arbitration clause. FINRA announced that for 2007, new arbitration case filings dropped to their lowest level since 1992...

Book Review ? Supreme Court Decision Makers

Posted on January 13, 2008
In his book, Witnessing Their Faith, Religious Influence on Supreme Court Justices and Their Opinions, author Jay Alan Sekulow, Esq., attempted to test the hypothesis that Supreme Court justices wrote their opinions under the influence of their long held religious beliefs...

Mall Fight Prompts Outbreak of Christmas Spirit

Posted on December 27, 2007
On Christmas evening, we went to the movies to see The Great Debaters. I offered my review of that great film in my previous post. While I was standing in the concession line at the theater that night, a fist fight broke out, which led to an unexpected outburst of Christmas cheer...

MOVIE REVIEWGreat Debaters Make Great Leaders

Posted on December 26, 2007
One thing that distinguishes a ?great? film from a ?good? one for me is the discussion it prompts on the drive home, and whether I?m still thinking about the film the next day. Was it merely entertaining, or did I learn anything from it? Did it make me think? I saw Denzel [...

BOOK REVIEWAn American Hedge Fund

Posted on November 22, 2007
During the inter-war generation in the Western democracies, the wealthy elites that arose created a generation of wastrels. That was the basis of the first hit television series starring Hugh Laurie (House), Wooster & Jeeves (BBC). Bertie Wooster (Laurie) was a young man who lived well on an allowance from his family money [...

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