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.

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.

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.

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.

You need to interview a former employee of a defendant. What will he say? Is he a disgruntled employee? Can you talk to him? The ABA Standing Committee on Ethics and Professional Repsonsibility issued Formal Opinion 91-359 on March 22, 1991 regarding contact with a former employee of an adverse corporate party. This paper looks at this rule and other guidelines for successfully navigating this situation.