Even more so than with individual cases, most class actions settle. This is due in part to the fact that the risks of proceeding to judgment post-certification are very significant to all parties. However, many settlements are often negotiated prior to certification. In those cases, the settlement is contingent on the court certifying a class for settlement purposes only.

Recently, our United States Supreme Court dealt a serious blow to public safety. The Court held that as long as federal funds have been used to install warning devices at railroad crossings (no matter how inadequate or unsafe), then a victim who has been struck by a train is left without a remedy against the railroad. Federal Funds are now used at most crossings on public roads. This ruling effects the safety of all of us and our families.

In the late 1960s and early 1970s, the National Highway Traffic Safety Administration was concerned with the lack of use of seatbelt systems in passenger cars.

Recently, my dad, Jere Beasley, and I tried the case of Deal v. Rite Aid Corp. for the second time in the Circuit Court of Montgomery County, Alabama. The first trial ended in a mistrial after one juror refused to discuss the case and would not return a verdict in favor of the Plaintiffs under any circumstance. The case involved a misfilled prescription which Rite Aid gave to Mrs. Jewell Deal of Andalusia, Alabama.

How do you protect your client in negotiating personal injury settlements in view of Powell v. Blue Cross & Blue Shield of Alabama, 581 So. 2d 772 (Ala. 1990)? This question arises in a majority of personal injury lawsuits today. Consequently, lawyers for both plaintiffs and defendants must consider and address the issue of subrogation early in each case. In this article, I will briefly discuss the various aspects of the insurer's "subrogation claim" and how to prepare for a Powell hearing.