2008 Civil Tort Law Update

This paper discusses and reviews several important opinions from the year 2008 in Alabama law. Most of the cases included in this paper were highlighted in Alabama Law Weekly 2007-2008 weekly newsletters; Maynard, Cooper & Gale Weekly Law Report 2007-2008 editions; and “Recent Civil Decisions,” ALAJ Journal, Spring 2008, Summer 2008 and Fall 2008. The paper summarizes important civil tort law decisions from 2008, with a broad range of cases included.

Resolving a Toxic Tort

Toxic tort cases are both famous and infamous. We are all familiar with them, or at least Hollywood’s version of them. Erin Brockovich depicted a real estate case turned toxic tort that resulted in a $333M settlement, a famous case. A Civil Action depicted a lawyer turned crusader who refused a $20M settlement and eventually accepted an $8M offer, an infamous case. These two cases have something in common. Both attorneys faced bankruptcy due to the expense and time involved in litigating the cases. To intentionally misquote; with the promise of great reward comes great risk.

The Annuity Conundrum: Responding to the Abuse of Elderly Investors

An annuity is a contract between an investor and an issuer whereby the investor agrees to give the issuer principal and, in return, the issuer guarantees the investor fixed or variable payments over time. While annuities are not insurance policies, they are typically issued by insurance companies. An annuity is similar to a retirement plan in that one can fund it in a lump sum or a little at a time, and all capital in an annuity grows and usually compounds tax-deferred until one begins making withdrawals. Unlike retirement plans, however, there is no limit as to how much one can invest in annuities. Annuities are marketed as instruments to protect investors’ principal.

From the Chair

Christopher D. Glover, personal injury attorney reflects on his journey through the American Association for Justice, focusing on the New Lawyer’s Division (NLD). “To serve is our collective obligation as lawyers and
as members of this association. Personally, to give back is how I was raised by my parents, it is what my
faith mandates, it is because that was the example set by the lawyers with whom I’ve practiced.”

Forget Tort Reform We Want Immunity

Large corporations and business interests are tired of the “death by a thousand cuts” approach to so-called tort reform efforts. The Tort reform “cuts” were in many forms such as arbitration; who recalls the Scintilla rule?; caps on damages; Daubert or expert challenges; some folks even claim business biased judges sit on appellate courts throughout the country. That is simply not enough. The most recent attempt at national tort reform is better described as tort destruction. The current administration’s attempts to preempt state law by inserting pro-preemption language in federal agency rules has been characterized as back-door tort “reform.”

2007 Products Liability and Personal Injury Update

Tom Methvin, managing shareholder at Beasley Allen law firm discuss several key cases that he believes are important and will have long-lasting implications on legal practice in Alabama.

UN-Safety belt: An IMMI H2 buckle case study

Beasley Allen attorney Mike Andrews discusses a defective safety belt in the Fall 2008 issue of the American Association for Justice publication. The article looks at a significant case recently handled by Beasley Allen that involved a defective seatbelt buckle design that is utilized in numerous heavy trucks in the United States. An internal design defect prevents the buckle from latching properly.

Pain Pump Litigation

Anesthetic infusion devices, commonly known as “pain pumps,” are medical devices that are used to manage postoperative pain. Surgeons implant these devices following surgery to deliver continuous doses of pain relief medication by way of a catheter. Depending on the device brand and recommendation of the physician, the pump delivers anesthetic pain medication directly into the operative site for a period ranging from 12 hours to a few days.

Behind the bailout: How the U.S. Chamber created the 2008 financial crisis

The issue brief will examine how U.S. Chamber has created the current economic climate by lobbying for less regulation, transparency, and accountability. Today, U.S. Chamber has become the loudest voice supporting a government bailout, even though their previous actions and rhetoric have all demanded the opposite. and even in this bailout, U.S. Chamber has lobbied to include provisions that give complete immunity to those who have committed fraud, protect executive golden parachutes, and deprive families from protecting their mortgages through bankruptcy.

2007 Product liability/Personal injury update speech

Although the handout goes into several different areas of the legal climate in Alabama, today I only want to discuss a few cases that I believe are some of the more important recent cases that may have long-lasting implications on legal practice in Alabama. I believe that you will agree that these cases are and will continue to be very important for us all.