Expanding the Emergency Aid Doctrine

In State v. Frankel, a police officer made a warrantless search of the defendant’s residence after responding to an open-line 9-1-1 call. The Supreme Court of New Jersey addressed whether, under the “totality of the circumstances,” such a warrantless search violated the defendant’s rights under the Fourth Amendment.

Qualified Immunity Defense

Examines the impact of the Supreme Court decision in Hope v. Pelzer and explains the circumstances under which a government official is entitled to qualified immunity.

How to Find a Toxic Tort Case in Your Own Backyard

Large toxic tort cases can be lengthy, expensive, and complicated to pursue. Few lawyers who have not litigated such cases appreciate the complex issues that arise and the practical solutions to those issues. As with any case, identification and selection are key. Due to the amount of resources these cases demand, mistakes on either front can cause big problems. While the risks may be high, these cases have the largest upside for verdict/settlement of any case litigated today with successful recoveries in the tens if not hundreds of millions of dollars.

Issues Involved in Taking a Nursing Home Case to Trial

PowerPoint presentation titled Issues Involved in Taking a Nursing Home Case to Trial, presented by Navan Ward at the 18th Annual Spring Retreat & Seminar in Cancun, Mexico.

Goliath, meet David - Jere Beasley takes down corporate giants

For five Long days in September 1993, Jere Beasley argued a strong case in a wrongful-death suit against Kubota, a tractor manufacturer: He uncovered internal documents in which company officials estimated how many people would be killed each year on Kubota equipment and what it would cost to settle the inevitable
lawsuits. 

ABICLE 2008 - Punitive Damages - A Plaintiff's Perspective

There is perhaps no greater challenge to a trial lawyer today than convincing a jury to punish a defendant by awarding punitive damages in a case. The issue of punitive damages has been raging in our state for years now and will most likely remain in the political spotlight for years to come. Tort reformers have turned the phrase “trial lawyer” into a word with a negative connotation. Thus, lawyers who represent consumers are now faced with new jury dynamics. It has become apparent that potential jurors are increasingly suspicious of lawyers who ask for punitive damages. Jurors start and, too frequently, finish the trial process thinking they will not be the ones to allow the injured plaintiff to “win the lottery.”

Monsanto, PCB's and Future Toxic Torts

Large toxic tort cases can be lengthy, expensive, and complicated to pursue. Few lawyers who have not litigated such cases appreciate the complex issues that arise and the practical solutions to those issues. As with any case, proper assessment and preparation are key. The factors to be considered in these cases, however, vary dramatically from normal attorney intake procedures. From the logistical perspective of managing thousands of clients, difficulties of proving causation, facing a well funded adversary, to the perseverance required to complete such a long, expensive journey, these cases present challenges to the best of attorneys. However, every once and a while, a case comes along that demonstrates how things should work; Tolbert v. Monsanto was one of those cases.

The Fiesty 97 Year-Old and the Crooked Contractor

The Volunteer Lawyers Program (VLP) began statewide in Alabama in 1991. Modeled after the highly successful Mobile Bar Association Volunteer Lawyers Program, it provides a way for lawyers in Alabama to help their communities. Attorneys enroll in the program by agreeing to provide up to 20 hours per year of free legal service to poor citizens of Alabama. Cases are referred to the VLP from Legal Services offices around the state. Before referral, the cases are screened for merit and complexity (to see if the case resolvable in 20 hours or less) and the potential client is screened for income eligibility (must live at 125 percent of poverty level, currently $2,151.08 monthly, for a family of four.)

Update on Hormone Replacement Therapy Litigation

Update on Hormone Replacement Therapy Litigation by Navan Ward Jr.

2007 Mass Torts Made Perfect - Permax Presentation

Power Point Presentation Mass Torts made Perfect Permax/Dostinex Presented by: Vance Andrus and Navan Ward, Jr.