Some Commercial Drivers Still Hit the Road Despite Being Unfit to Drive.
Some think of the law as a "gotcha" instrument that deals justice indiscriminately, punishing many who don't truly deserve it and ruining lives in the process. On the contrary, it's entirely capable of recognizing different circumstances--for instance, it deals with genuine accidents differently than it does foreseeable events, and treats each accordingly. The law acknowledges...
Can’t Take the Heat: Climate Scientist Sues Publication Over Hurt Feelings
Like many people, I don't have a lot of respect for anyone who smugly insists he's right and then gets deeply, viscerally offended if anyone disagrees. The minute some pundit reproaches someone for citing data that pokes holes in his argument, I just see red. I don't think it's asking too much to have one's...
Astronaut Mark Kelly Doesn’t Seem to Understand How The Law Works
In a recent interview, astronaut turned political activist Mark Kelly sat down with a reporter from Politico to talk about gun regulations. Specifically, Mr. Kelly spoke of the need for tighter restrictions on guns in order to prevent gun violence. When the conversation eventually arrived at the topic of those pesky Republicans in Congress, who...
“Drinking then Driving” Isn’t the Same as Drunk Driving.
Time and again, I've talked about how dangerous drivers can be when they've had too much to drink. To make matters worse, some bars and restaurants are willing to help them reach that perilous state, ignoring dram shop laws. It's an insidious problem and it seems to get worse every year. Of course we'd never...
Give Them an Inch: Subway Class Action and Tort Reform
Though I strongly believe in the workings of the legal system, I won't try to deny that frivolous litigation exists; I just try to emphasize that the system handles it appropriately. For instance, in 2013 a class action was filed against the Subway sandwich chain when the dimensions of their "foot long" subs were called...
The Worst DUI Week of the Year Is Why We Need Dram Shop Laws.
Independence Day is statistically the most DUI-accident prone day of the year. People don't drink hard just on the day itself, though--it has become a week-long celebration for some. All that alcohol creates far more serious risks than the occasional finger-flaying lesson about fireworks, and yet some unscrupulous bars are comfortable with over-serving it to...
When Open-and-Shut is Anything But: The Detailed Defenses in Trucking Accidents
Sometimes we at the firm read about cases that seem fairly open-and-shut. Having worked on thousands of personal injury cases, we know they often get a lot more complicated than they seem at first blush. Attorneys are trained to examine those complications--intentionally seeing the trees instead of the forest. Sometimes an accident's details aren't obvious...
The Cliché “Lawsuit Type” Is a Bad and Harmful Misconception.
When people are injured by negligence--by an auto accident or a malfunctioning product, or while on a dangerous property, to name but a few--they reach out to us to learn about their rights and what might come next if they sought compensation. We welcome their calls, of course, but when we talk to them one...
Adios Amoebas: Water Parks and Premises Liability
If you run a business, you'd better know what it takes to make sure your customers have a safe and satisfactory experience there. There are genuine accidents--things nobody could possibly have seen coming--and then there are incidents that likely could have been avoided with appropriate levels of pre-emptive caution. For example: If you run a...
Dallas Police’s 911 Problems and Their Legal Implications
Ordinarily we at the firm wait for news releases about problems or events in the Lone Star State, but because we can't count on them to get their facts about the law straight, we've elected to be proactive with some recent troubles in Dallas. Over the weekend, two police departments in Dallas suburbs--Plano and Rowlett,...
