My article “The Trouble with DOT Medical Examinations and Reports” has appeared in DRI’s In Transit newsletter. In it I discuss how a commercial driver gets medically and physically qualified to drive a commercial vehicle, and some of the systematic problems that have arisen within the existing framework.
No new post today. I hope you and yours have a wonderful holiday season.
In some ways, the possibility (or even likelihood) that two experienced attorneys can arrive at widely disparate valuations of the same personal injury case is almost inexplicable. But it happens … all the time. Part of it can be explained as each lawyer having self-serving motives. The defense lawyer is trying to save his client some money, and the plaintiff’s lawyer is trying to make some for his client and himself. Nevertheless, if both parties are privy to the same facts and have a working knowledge of the venue and law, there should seemingly always be an overlap between the...
In 2015, the discovery rules contained in the Federal Rules of Civil Procedure received a massive overhaul. The intent was to place the burden on the parties to establish a more level playing field in discovery matters, and to encourage reasonableness, proportionality, and cooperation among the parties. Federal Rule of Civil Procedure 26(b)(1) was amended to give the parties new guidelines (with one notable omission) in engaging in discovery. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and...
Since early childhood, I have been a Braves fan. The last few years have been a pretty tough go, which has helped to weed out the bandwagon fans who rallied behind the team during their run of 14 consecutive NL East division titles (1991-2005). Despite the glory having run out, the Braves have still had some really good players come through the club in the last dozen years. Possibly none better than Craig Kimbrel, who got called up in 2010 and was the Braves’ closer from 2011-2014 (when he was traded). During those four years, Kimbrel was automatic. When he...
Ex parte Alfa Mutual Insurance Company (In re: Richard Holley v. Alfa Mut. Ins. Co.): Upon conducting an interest-of-justice analysis pursuant to Alabama’s forum non conveniens statute, a case should proceed in the appropriate county that has the strongest connection to the claims. Facts and Procedural History Harry Tilley was a resident of Pickens County, Alabama, who purchased a personal auto insurance policy from Alfa Mutual Insurance Company in Pickens County. Latter, he added Richard Holley (also a resident of Pickens County) to the policy. Shortly thereafter, Holley was involved in a motor vehicle accident in Tuscaloosa County, Alabama. Paramedics from...
In 1982, Stephen Goode authored The Controversial Court: Supreme Court Influences on American Life, which examined the differences in judicial activism and restraint as exhibited by the Warren and Burger Courts, respectively. The Controversial Court fairly discusses most of the major decisions handed down by the Supreme Court between 1953 and 1981. I will voice a gripe that Goode does not discuss Loving v. Virginia (which I wrote about in my anti-miscegenation statutes series). And what could be more sacred to Americans and the examination of the Civil Rights Era than securing the rights of the people to marry, regardless of race...
Rebooting Justice: More Techonology, Fewer Lawyers, and the Future of Law Rebooting Justice is a thought-provoking, potentially controversial, and intuitive analysis of the current state of our civil and criminal court systems. Benjamin H. Barton and Stephanos Bibas carefully explain the shortcomings of the criminal system, beginning with the promise of counsel to all accused as set forth in Gideon v. Wainwright. A promise that may have guaranteed too broadly without having the systemic capacity to deliver. Rebooting Justice also carefully considers the pro se crisis that is plaguing civil courts, because lower and middle class litigants are unwilling or unable to...
The State of Alabama is hoping to accomplish with the Alabama Medicaid False Claims Act (SB-367) something akin to what the federal government has done with the Medicare Secondary Payor Act. Presently, Alabama does not have a specific remedy in civil court to pursue damages sustained when someone makes a false or fraudulent Medicaid claim. The Alabama Medicaid False Claims Act would provide that someone who makes a false claim or commits fraud against the Alabama Medicaid program would be liable to the state for (a) triple the amount of damages sustained, (b) a civil penalty, and (c) associated costs,...
City of Mobile v. Fred Wayne Lawley, Jr.: In a pre-termination hearing, a government employee’s procedural due process rights are satisfied when the employing agency adheres to its own rules, and the employee is provided oral or written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity for the employee to present his side of the story. Just the Facts In February 2015, Fred Wayne Lawley, Jr. was a police officer for the City of Mobile, Alabama, whose employment was terminated after he was charged with stealing property valued at $2,050 while responding to a...
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