Publications

September 10, 2008 1:37 PM
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This paper deals with what has commonly been called Mortgage Fraud. It does not deal with all potential types of fraud involving a mortgage company but only a very limited type. Specifically, it will discuss a situation where a home improvement contractor does work to a home and takes a mortgage on the home as payment for the work. As soon as the homeowner signs the mortgage, the contractor assigns the mortgage to a mortgage company. The mortgage company pays the contractor for the work done on the home by purchasing the mortgage. The mortgage company then collects the payments from the homeowner on the mortgage.



August 26, 2008 4:24 PM
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Updates on Civil Law and the practice of Law in general that apply to all lawyers, including changes in the law that indirectly effect the civil practice.



August 25, 2008 3:38 PM
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Guess who wins when the plaintiff is a feisty 97-year-old represented by a VLP lawyer, and the defendant is a crooked contractor? Hint: It isn't the contractor.



August 18, 2008 11:02 AM
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The Supreme Court's recent decision in Poffenbarger v. Merit Energy Co., 972 So. 2d 972 (Ala. 2007) regarding the measure of direct, compensatory damages for injury to real property presents defense attorneys the opporutnity to stretch a rather narrow holding beyond its intended lengths.



August 15, 2008 2:53 PM
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Manufacturers do not always design products that work as they should or that withstand the tests of foreseeable use. The consumers who are injured by these defectively designed products are entitled to file lawsuits to recover damagers for their injuries. The law does not require manufacturers to design products that are accident proof; however, it does require manufacturers to produce products that, when used in an intended and foreseeable manner, will not kill or seriously injure its user. The Alabama Extended Manufacturer's Liability Doctrine (AEMLD), along with negligence and wantonness claims, are available to the consumer as a remedy against the product manufacturer when the consumer is injured by a defective product.