Business Litigation is on the Rise

In the age of technology, businesses are able to expand more rapidly than ever. Unfortunately, with this growth comes exposure to more possibilities for dispute. With litigation between businesses on the rise, businesses have recognized the necessity of trial lawyers to protect their interest.

The Tobacco Wars

There have been a number of occurrences over the years that emphasize the tremendous power of the tobacco companies in this country. In 1954, the tobacco industry faced their first liability lawsuit by a lung cancer victim. After 13 long years, the person suing dropped the lawsuit. In 1964, the Surgeon General released a report concluding that smoking causes lung cancer. Some two years later, federally mandated warnings were placed on cigarette packs for the first time. Very little happened publicly of any significance during the years between the late 1960s and the early 1990s. In 1992, the U.S. Supreme Court ruled that smokers have a right to file lawsuits alleging cigarette-makers hid health dangers of tobacco.

The Tobacco Deal Guest Editorial 1998

When finally the evil tobacco industry appeared to be down for the count, it now seems that big tobacco has won again! The tobacco industry came out of their secret negotiating with a select group of Attorneys General with a national settlement offer that has been accepted by all states. This was done with a very limited review time available to the states. A comparison of this most recent nationwide settlement to the original proposal that was ultimately defeated in Congress by the Tobacco companies indicates that the tobacco companies have won this battle. Under the first proposal, requiring Congressional approval, the pay-out by the industry to the states would have been $368 Billion which obviously is much more than $206 Billion. More importantly, the safeguards and restrictions built into the first proposal were much superior to those found in the current edition.

Opening Statement

The opening statement is a most important part of trying a lawsuit. Many lawyers do not treat the opening statement with the importance it deserves. Many opening statements are not well prepared which is inexcusable. Jurors generally have a very superficial knowledge of what your case involves even after experiencing voir dire examination. This is especially true where the trial judge conducts the examination. The jurors know nothing about the facts except what little they remember from voir dire. The lawyer for the Plaintiff has the responsibility of educating the jurors who know nothing about the facts and who also may have a distorted view of the law applicable to the case. In the post-tort reform atmosphere, the trial lawyer must deal with a great deal of adverse and oftentimes false information put out to the general public concerning lawsuits in general.

Mass Torts Made Perfect 2003

There are numerous ways to acquire new cases as a plaintiff’s attorney. The purpose of this paper is to list ten ways that have worked effectively for my firm. It is important to remember that a modern day plaintiff’s firm must take a multi-faceted approach in marketing its services to both the general public and potential referring attorneys. In order to take a cost productive and effective approach to successfully garner new cases, your firm must be willing to invest the resources to keep pace with our everchanging profession.

I'm a Trial Lawyer and Proud of it

There are lawyers throughout America, referred to as “trial lawyers,” who spend their whole lives fighting for ordinary people. These lawyers spend their time, their energy, their money, and work to hold large corporations and others accountable for their wrongdoing. I am extremely proud to be one of these lawyers and I am sure all of you here today share my feelings. There is more to be a trial lawyer, however, than just claiming to be one. As trial lawyers, we must be totally committed to seeing that justice prevails to the fullest extent possible and that is an awesome responsibility. Some people don’t seem to understand, without trial lawyers and access to the courts, little folks simply wouldn’t have a chance when they are involved in disputes with powerful corporations or find themselves victimized as the result of a defective product put on the market with no real concern by the manufacturer for safety.

Damages

The law of damages is made up of rules and standards our justice system uses to compensate those who suffer loss due to the wrongful conduct of another. In the Forward to his Handbook on the Law of Damages, Charles McCormick states, “The rules of measurement are almost as much a matter of local habit and custom as are the rules of procedure…Only the text-book which deals with the law of a single state can with any approach to realism purport to reflect a unified system of rules of damages.” (McCormick, V). As we all know from our own experiences, the topic of damages is difficult to summarize. It is the intent of this paper to give a general overview of damages and conclude the discussion with a current look at punitive damages.

Arbitration Public Enemy Number One

The civil jury system in our country has been under constant siege over the past several years. A carefully planned and orchestrated attack by The American Tort Reform Association has been carried out with great skill and precision. Over the past 10 years, the term tort reform became a political buzzword that most Americans really didn’t understand but bought into due to the constant bombardment with propaganda. By constantly hammering home their themes of “frivolous lawsuits,” “greedy trial lawyers,” “runaway juries,” and “jackpot justice,” the masterminds of the attack chipped away at the very institution of the civil jury in America.

Against-The-System 1998

Alabama politics are still done the old-fashioned, Southern way with enough gentility to cover the cold steel.

The Insurance Consumer Fraud Case 5-13-99

Meaningful discovery in the consumer fraud case begins with the initial discovery filed with the complaint, along with deposition notices of those persons that the plaintiff’s attorney wishes to depose once he has received all of his responses to request for production and responses to interrogatories. Every consumer fraud case should have a discovery plan, and that plan must begin with the initial filing of discovery with the complaint. This initial discovery will set the tone of the case, and in particular, it will set the tone of discovery being conducted in the case.