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Alabama Appellate Watch

Covers Alabama civil appellate issuesa and developments. By Lightfoot Franklin & White LLC.

http://www.alabamaappellatewatch.com/

Nov 20
Cases Released November 20, 2009

From the Alabama Court of Civil Appeals: State of Alabama v. Nguyen et al. J.F.S. III v. Mobile County Department of Human Resources C & D Logging v. Mobley Hutchenson v. Daniel Powe v. Powe Scott v. Scott Complete List of Cases from the Alabama Court of Civil Appeals From the Alabama Supreme Court: Barrett v. Radjabi-Mougadam Macon County Greyhound Park, Inc., d/b/a Victoryland v. Knowles Swanstrom, et al. v. Teledyne Continental Motors, Inc., et al. Ex parte State of Alabama; Petition for... Posted on November 20, 2009 at 02:00 pm
Nov 17
Premature Notice of Appeal Held in Abeyance Until Ripe; Date of Order Is Date It Is Entered on SJIS

Two common procedural issues - what happens when a notice of appeal is filed prematurely and what is the effective date of an order - were addressed in Landry v. Landry, [Ms. 2080171, 2080372] (Ala. Civ. App. Nov. 6, 2009). In Landry, the trial court disposed of an action involving a petition to modify child support on Sept. 23, 2008. The father filed a motion for relief from judgment on Sept. 29, arguing that the trial court improperly closed the action after it got confused with a related... Posted on November 17, 2009 at 07:42 am
Nov 17
Rule 60(b) Used to Review a Costs Award

In Fenison v. Birmingham Spring Service, Inc., [Ms. 2080023, 2080036] (Ala. Civ. App. Nov. 6, 2009), the Court of Civil Appeals held that a costs award could be challenged in the trial court by way of a Rule 60(b) motion, but ultimately held that the trial court exceeded its discretion by granting relief. The trial court granted summary judgment for the defendants in a case involving the alleged failure to abide by a consent agreement in a workers' compensation case. Even though Ala. R. Civ. P.... Posted on November 17, 2009 at 07:11 am

Rank This Week: 198

Alabama Consumer Law Blog

Covers all aspects of consumer law, including, arbitration, credit card fraud, credit report errors, foreclosure, and identity theft. By Watts Law Group, P.C. & M. Stan Herring, P.C

http://www.alabamaconsumerlawblog.com/

Nov 17
Securitization In Chapter 13 Bankruptcy Context - Excellent Article By Max Gardner

Max Garnder, III, has an excellent article on some of the abuses that servicers inflict upon consumers who are in a Chapter 13 bankruptcy that we suggest you carefully read. This is an entertaining and informative article by Max and you can get a taste of it from the first paragraph: Wayne Gretzky once said that his success was due to the fact that he focused on where the puck was going to be, not where it was. For most consumer debtors who have home mortgage loans and are involved in Chapter... Posted on November 17, 2009 at 06:41 am by John Watts & M. Stan Herring
Nov 16
Mortgage Securitization - What Is It?

One issue that comes up in almost all Alabama foreclosures is whether the loan (the note) has been held by the original bank or mortgage company or instead if it has entered the somewhat mysterious world of mortgage back securitization? We begin a series on this issue today and will add original posts and also newsworthy items to this "category" on our blog. So, what in the world is "securitization" and what does it mean to me? In this post we will start to answer the first part of this... Posted on November 16, 2009 at 02:08 am by John Watts & M. Stan Herring
Nov 15
Common Example Of Fraud Related To Foreclosures And Loan Modifications

We wanted to give Alabama consumers who are facing foreclosure some examples of typical fraud in the context of foreclosures and loan modifications. We'll start with loan modifications. A loan modification is typically defined as a permanent change to your note - normally the interest rate, length of the loan, the movement of arrearage (missed payments) to the end of the loan, etc. Normally the mortgage servicers will talk with you about a loan modification once you start falling behind on your... Posted on November 15, 2009 at 06:04 am by John Watts & M. Stan Herring

Rank This Week: 237

Birmingham Bankruptcy Blog

Covers bankruptcy and consumer law issues in Birmingham and Alabama. By Matthew A. Dunaway.

http://birminghambankruptcyblog.com/

Nov 18
Unemployment numbers and the “Geography of Recession”

Worried about unemployment? Wondering how much unemployment has increased in the last 3 years? Has it effected you? Bill Nolan of Nolan Elder Law sent me the link to this interesting multimedia view of the rising unemployment rate...very interesting. Thanks, Bill! With unemployment rising, and likely will continue to rise, many people continue to face difficult [...] Related posts: Alabama Foreclosures and Mortgage Delinquencies Still Rising Foreclosures and Mortgage Delinquencies continue to... Posted on November 18, 2009 at 09:07 am by Matt Dunaway
Sep 30
Alabama Foreclosures and Mortgage Delinquencies Still Rising

Foreclosures and Mortgage Delinquencies continue to rise despite government officials pressuring lenders to forestall foreclosure proceedings. After several months of pressure from Washington, mortgage lenders have begun revving up foreclosure proceedings. What started, over a year ago, as a sub-prime only mortgage meltdown, has evolved into a full blown, across the board pandemic of mortgage delinquencies [...] Related posts: Mortgage Delinquencies Increase Signaling Continued Rise in... Posted on September 30, 2009 at 01:39 pm by Matt Dunaway
Sep 28
Alabama Bankruptcy Judge allows lower interest rate

In re Crittenden: An Alabama Bankruptcy Judge, in In re Briana L. Crittenden, 19 CBN 1049In re Crittenden (Bankr. M.D. Ala. 2009), overruled an auto creditor's objection to the debtor's Chapter 13 plan, allowing a lowering of the interest rate. Debtor purchased a vehicle from the creditor five weeks prior to filing a Chapter 13 [...] Posted on September 28, 2009 at 12:45 pm by Matt Dunaway

Rank This Week: 726

Justice Begins Here

Covers consumer legal issues in Alabama. By Lewis & McAtee.

http://justicebeginshere.wordpress.com

May 4
Seat Belt Recall

Toyota Motor Corp. has recalled 90,189 Highlander SUV's because third-row seat belts may not lock in some child-safety seats. So far, there have been no complaints of injuries as a result of the defect, but what if there had been? The U. S. Chamber of Commerce talks about frivilous lawsuits and the need for extreme tort [...] Posted on May 4, 2008 at 05:28 am by Jon Lewis
May 1
Take Another One Away

Well, another judge has taken away a jury verdict. Where's the outrage? The whole point of juries is for twelve individuals to come together to make a unified decision. Instead, Circuit Judge William Gordon has decided that the twelve individuals who heard the Ray Keller v. NCAA case in Jackson County were wrong. Instead, Judge [...] Posted on May 1, 2008 at 06:27 pm by Jon Lewis
Apr 4
Juries Out of Control Again

Only the big verdicts make the front page. In today's Birmingham News (April 4, 2008), there is a side article in Section C (Money) which discusses some Birmingham lawyers who handled a Ford case in Rockingham, North Carolina. The story was basically a public relations story for Huie, Fernambucq & Stewart LLP and its attorneys, [...] Posted on April 4, 2008 at 06:26 am by Jon Lewis

Rank This Week: 944

Birmingham Criminal Defense Blog

Covers Alabama criminal law and procedure, including DUI,, theft crimes, and violent crimes. By Steven D. Ebersole.

http://www.birminghamcriminaldefenseblog.com/

Nov 18
Lawyer from Dothan, Alabama, Charged with Child Porn in Houston County

It's a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an... Posted on November 18, 2009 at 08:43 am
Nov 11
Alabama Sex Crime News: Teenager Faces Child Pornography Charges for Distributing "Sexting" Images

Everyday we see instances where the law doesn't reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few. The newest use for smart phones... Posted on November 11, 2009 at 03:30 pm
Nov 4
Former Alabama Circuit Judge Acquitted of Sex Crimes against Inmates in Mobile, AL

Lawyers, judges and law enforcement professionals all have a responsibility to uphold the laws of Alabama and the United States. But those who twist the law for their own purposes do a disservice to themselves and to society. As a Birmingham criminal defense lawyer, I was shocked by recent revelations regarding an Alabama judge who reportedly used his authority to allegedly commit sexual assaults on convicted criminals and jail inmates. According to news articles, former Mobile County circuit... Posted on November 4, 2009 at 08:05 am

Rank This Week: 998

Alabama Injury Lawyer Blog covers all aspects of personal injury including, medical malpractice, nursing home abuse, worker's compensation, and wrongful death. Published by Alabama Personal Injury Lawyer, Steven D. Eversole of Eversole Law.

http://www.alabamainjurylawyerblog.com/

Nov 18
Birmingham Personal Injury News: FDA Reluctant to Discipline Doctors Found Guilty of Criminal Activities

It's a sad commentary that some physicians are more concerned about personal gain than about people. As an Alabama personal injury lawyer, I've seen the victims of medical malpractice up close and I'm appalled by the seemingly lack of compassion on the part of many doctors whose actions result in the injury or death of a patient. Anyone who has suffered from medical mistakes, improper surgerical procedures, or other physician-related errors should contact an experienced personal injury attorney... Posted on November 18, 2009 at 08:25 am
Nov 4
Alabama Personal Injury News: 3.8 Million Toyota Vehicles Recalled for Safety-Related Problem

Some of the simplest automobile defects can potentially kill and injure innocent people. Recently, across Alabama and elsewhere, Toyota recalled nearly four million cars and trucks for a problem that may cause the gas pedal to stick. This could make the vehicle accelerate out of control, possibly injuring the driver and passengers, and potentially endangering pedestrians and occupants of other vehicles. Curiously, the problem has to do with the floor mat design in some of the company's... Posted on November 4, 2009 at 08:42 am
Oct 21
For Alabama Personal Injury Lawsuits, Time Doesn’t Always Heal Old Wounds

The scenario goes something like this: You or a family member is hurt on the job in a construction accident, seriously injured in a car crash, or receive a concussion from a slip and fall at a local supermarket or retail store. In Birmingham, Huntsville or any of the hundreds of small towns across Alabama, people suffer minor bumps and bruises all the way up to life-threatening and even fatal injuries just going about their normal everyday activities. As a Birmingham personal injury lawyer, I... Posted on October 21, 2009 at 09:34 am

Rank This Week: 999

Hurricane Law Blog

News and opinion from the recovery in the gulf states. By McGlinchey Stafford.

http://www.hurricanelawblog.com/

Jan 22
Texas Governor Announces FEMA Housing Aid Extension

Governor Rick Perry announced on January 22, 2007 that FEMA is extending housing aid by six more months for the many people who are still displaced from hurricanes Katrina and Rita. The previous deadline was scheduled for the end of February. Click here to view the text of the press release. Posted on January 22, 2007 at 12:23 pm
Nov 10
Louisiana Governor Extends State of Emergency For Areas Affected By Hurricanes Katrina and Rita

Louisiana Governor Kathleen Blanco recently issued two Proclamations extending the State of Emergency for areas affected by Hurricanes Katrina and Rita. These Proclamations extend the previously declared State of Emergency through Sunday, November 19, 2006. Proclamation No. 68 KBB 2006 Proclamation No. 69 KBB 2006 Posted on November 10, 2006 at 06:11 am
Sep 18
Blanco Extends State of Emergency for Hurricanes Katrina and Rita

On September 15, 2006, Louisiana Governor Kathleen B. Blanco issued two Proclamations extending the State of Emergency for areas affected by Hurricanes Katrina and Rita. These Proclamations extend the previously declared State of Emergency through Friday, October 20, 2006. Proclamation No. 52 KBB 2006 - Extension of State of Emergency - Hurricane Katrina Proclamation No. 53 KBB 2006 - Extension of State of Emergency - Hurricane Rita Posted on September 18, 2006 at 01:33 pm

Rank This Week: 1195

Alabama Divorce & Family Law...

Alabama Divorce & Family Law Attorney Blog

Covers Alabama divorce and family law issues. By Steven D. Eversole.

http://www.birminghamdivorceblog.com/

Nov 20
Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 2

When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and... Posted on November 20, 2009 at 08:19 am
Nov 13
Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 1

Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and... Posted on November 13, 2009 at 08:51 am
Nov 6
Alabama Divorce News: Lindsay Lohan's Father Faces Jail Time over Child Support Non-payment

As a Birmingham, AL, divorce lawyer and family law attorney I have represented numerous clients facing jail time, fines and court costs over non-payment of child support and other court-ordered obligations. A recent news article shows that anyone can be hit with sentence of jail time due to not paying support to a spouse for either child support or alimony. While this is a serious issue here in Alabama and elsewhere, in many cases there may be extenuating circumstances surrounding the... Posted on November 6, 2009 at 08:31 am

Rank This Week: 1435

Lee's Divorce & Family Law...

Lee's Divorce & Family Law Blog

Covers divorces in Alabama. By Lee Borden.

http://divorceinfo.com/blog

Nov 15
Sick Women Six Times More Likely To Divorce

A married woman diagnosed with a life-threatening illness is six times more likely to divorce than a man in the same position. How's that for a headline? Here's the article from MSNBC. The overall divorce rate of people receiving diagnoses of life-threatening illness (in this case cancer and multiple sclerosis) was about in line with the national [...] Posted on November 15, 2009 at 07:07 am by Lee Borden
Nov 13
A Divorce Lawyer Contemplates the Divorce Fair

I've spent a lot of time around divorce and people going through it. But I have to admit this is a new one even for me. Thousands of Parisians took part in a "Divorce Fair" last Sunday. If you're wondering what goes on at a divorce fair, you can read the AP article about it and [...] Posted on November 13, 2009 at 04:35 am by Lee Borden
Nov 9
A Pointless Appeal?

Mom has won her appeal, but I can't for the life of me figure out what she accomplished by filing it. The case is Powell v. Powell, Case No. 2080518 (Ala. Civ. App. September 18, 2009). Mom and Dad have one child; the Dallas County Circuit Court divorced them and ordered Dad to pay child support [...] Posted on November 9, 2009 at 07:05 am by Lee Borden

Rank This Week: 1467

The Fonteneau Firm LLC

Covers criminal law, landlord tenant law and personal injury law. By Kira Fonteneau.

http://thefonteneaufirm.com/

Jul 8
U.S. SUPREME COURT: STATE’S FORENSIC EXPERTS CAN BE REQUIRED TO TESTIFY

In one of the last decisions of the term, the U.S. Supreme Court made it clear that criminal defendants have the right to cross-examine the forensic experts who create lab reports introduced at trial. The ruling in Melendez-Diaz v. Massachussets upholds the principal that a defendant has a constitutionally guaranteed right to confront his/her accusers. In the past, some states had allowed the prosecution to introduce a certified affidavit indicating the results of forensic analysis into... Posted on July 8, 2009 at 10:18 am by Kira Fonteneau
Jul 6
YOUR LANDLORD TENANT QUESTIONS ANSWERED

For many Alabama landlords the Landlord Tenant laws can seem like a maze of confusing rules. Not following the rules can cost landlords valuable time and money. So, in an effort to demistify the process, I will be answering some of the most commonly asked landlord tenant questions. Today's Question? My tenant's utilities have been turned off. Can I re-take possession of the unit? Retaking possession of a property can be a tricky situation. Landlords who wish to take possession when it is not... Posted on July 6, 2009 at 09:30 am by Kira Fonteneau
May 3
I WAS PULLED OVER, CAN THE POLICE SEARCH MY CAR?

We have been discussing common questions about criminal law. Today's Topic: Can the police search my vehicle if they pull me over? If you have been pulled over for a minor traffic violation, ordinarily the police may not search your vehicle for other contraband even if you are arrested for the ticket. The important question to ask when determining if the officer may search a vehicle is whether the original citation encounter has ended. If the citation encounter has ended the police typically... Posted on May 3, 2009 at 02:08 pm by Kira Fonteneau

Rank This Week: 1529

Alabama Bankruptcy Blog

Covers Chapter 7 and Chapter 13 bankruptcy in Alabama, along with debt management and budgeting help. By Richard L. Collins.

http://www.alabamabankruptcyblog.com/

Mar 20
I have seen and heard lots of advertising by companies saying they can settle my debts for very little and help me avoid filing bankruptcy. Does this work?

Unfortunately, debt settlement falls under the "if it sounds too good to be true, it is" category. While I am sure there may be a few success stories from people using these companies, I have yet to personally hear of one. Instead I have heard many complaints from clients who have wasted thousands of dollars on these "settlement" plans before having to turn to bankruptcy because of lawsuits and garnishments. The Wall Street Journal has a good article on this subject - Debt-Relief Firms Attract... Posted on March 20, 2009 at 09:45 am by Richard L. Collins
Mar 15
Credit Card Company Dirty Tricks

I have had numerous clients recently whose financial lives have been thrown into chaos because of "dirty tricks" by credit card companies. These bad acts by the card companies include lowering the credit limit of the card to right at or below the current balance of the card and/or significantly increasing the interest rate (sometimes more than doubling it) and thereby the minimum payment on the card. What is shocking is that this is often done without prior notice to the cardholder and without... Posted on March 15, 2009 at 01:45 pm by Richard L. Collins
Mar 11
New Book: The Alabama Bankruptcy Book

I have redone my book. It is now The Alabama Bankruptcy Book. It still has the Bankruptcy Myths from the prior book, but now has about 20 more pages with Answers to Common Bankruptcy Questions. The best part is that is FREE to Alabama residents with no strings attached. Now you can get the info you need to see if bankruptcy will work for you without having to see a lawyer first. If you would like a copy of the book, click on the Contact Me link on the top left side of this page. No one will... Posted on March 11, 2009 at 01:31 pm by Richard L. Collins

Rank This Week: 1540

Alabama Family Law Blog

Covers family law issues in Alabama. Published by Michael Sherman, of Michael Sherman, LLC.

http://www.alabamafamilylawblog.com/

Oct 28
Marriage Advice from a Divorce Lawyer?

Seems ironic that a divorce lawyer might offer marriage advice. When the Minister of Education at my church asked me to teach Sunday School to the Newlyweds, I gave him a hard time about bringing in a divorce lawyer to teach to these young married couples. But, I really don't know someone more qualified to tell you what to do and not do in your marriage than a divorce lawyer. In my divorce practice in Mobile and Baldwin County, I have seen all the problems that tend to contribute to the... Posted on October 28, 2008 at 11:45 am by Michael Sherman
Jul 11
Help choose the cover for my Alabama Divorce book

I am finishing up work on my new book about divorce in Alabama. The working title is The Practical Guide to a Civilized Alabama Divorce. And, I am asking for my readers' help. The graphic design team that is doing the cover just sent me 6 samples of covers. Since most of the readers of this blog would be the people most likely to be interested in the book, I thought I'd find out what you guys think of them. I am attaching two pdfs to this post. Take a look and let me know what you like or don't... Posted on July 11, 2008 at 03:49 pm by Michael Sherman
Jul 10
Do I need a Prenup?

I get a lot of questions about prenuptial agreements. Usually the questions are about whether they are enforceable under Alabama divorce law (they are if certain requirements are met) and whether and why to have a prenup. I recently came across a nice blog dedicated to prenuptial agreements. It is www.prenuptialagreements.org. One of the better posts I found on the blog so far was titled 8 Reasons Why You Should Have a Prenup. The 8 Important Reason pointed out in the blog are: 1. You are much... Posted on July 10, 2008 at 03:07 am by Michael Sherman

Rank This Week: 1558

Alabama Car Accident Lawyer Blog

Covers car accident liability in Alabama. By Martinson & Beason

http://www.alabamacaraccidentlawyerblog.com/

Nov 20
Dothan Area Car Accident Injures Unrestrained Child

A car wreck in the Ashford, Alabama community (Houston County) has sent 3 people to Southeast Alabama Medical Center in Dothan. The 2 car accident likely occurred when the driver of one car failed to yield the right of way when entering an intersection. The injured where a mother and her 5 year-old and 3 year-old. According to the Dothan Eagle, the 3 year-old toddler was not restrained and was ejected from the vehicle. Thankfully, the 3 year-old did not suffer life threatening injuries. This... Posted on November 20, 2009 at 06:55 am by Martinson & Beason
Nov 12
Preventing Car and Truck Accidents on Alabama's Highways by Knowing the Rules of the Road

As Alabama car and truck accident attorneys we too often see the destruction an automobile accident has on the victims and their families. Many Alabama car and truck accidents can be avoided if drivers would simply follow the Rules of the Road. The average Alabama driver obtains their driver's license at age 16 by passing a written test and road test administered by the Alabama Department of Public Safety. Ironically, as teenagers were required to know these Rules of the Road to obtain our... Posted on November 12, 2009 at 06:49 am by Martinson & Beason
Nov 10
Birmingham Single Car Accident Kills Driver

A one car Birmingham, Alabama car wreck has sadly claimed the life of a Birmingham, Alabama woman. According to the Birmingham News, 51 year old LaJuanda Coleman was driving along Avenue W when her car struck a utility pole causing the car to overturn. At this time, it's not clear what caused Mrs. Coleman's car to strike the utility pole. In 2007, there were 15,404 Alabama automobile crashes where a car struck a fixed object such as a utility pole. Further, in 2007 290 were killed in Alabama... Posted on November 10, 2009 at 07:16 am by Martinson & Beason

Rank This Week: 1986

Alabama Product Injury Lawyer Blog...

Alabama Product Injury Lawyer Blog

Covers product liability topics such as car recalls, defective consumer products, defective drugs, and FDA recalls. By the Birmingham, Alabama product injury lawyers of Niedenthal Law Firm.

http://www.alabamaproductinjurylawyer.com/

Nov 19
Wall Street Journal Reports FDA Issues Warning that Prilosec and Nexium Can Interfere with Plavix

The Wall Street Journal reports that the FDA warned doctors earlier this week that they should tell their patients taking the anti-clotting drug Plavix not to take popular heartburn drugs like Prilosec and Nexium because they may lessen the effects of Plavix. This may be problematic since about half of the patients taking Plavix also take Nexium, Prilosec and other similar medications to prevent stomach bleeding and ulcers which are common side effects of taking Plavix. The alternatives which... Posted on November 19, 2009 at 09:27 am by Craig P. Niedenthal
Nov 13
Recalls of the Week

Time boys and girls for the update on Recalls of the Week. These are some of the most significant recalls which have occurred over the past week. You are welcome to contact me by calling or using the "contact" form here if you have any thoughts or questions on any of these recalls. 1. Maclaren Strollers: This is the big one for the week and the one that has been all over the news. Approximately one million strollers distributed in the U.S. by Maclaren are being recalled because the stroller's... Posted on November 13, 2009 at 09:10 am by Craig P. Niedenthal
Nov 4
American Bar Association's Magazine Runs Article Addressing Running a Solo Practice Featuing Yours Truly

Well, time to toot my own horn. The most recent November 2009 edition of the American Bar Association's Magazine, the ABA Journal, included a feature article entitled "So You Want To Go Solo? You Sure?" which included an interview (and yes a picture) of me regarding how I have incorporated social media, and specifically this blog, into my work as a solo practitioner. I am honored to have been approached and interviewed for this article published in one of the most widely read publications by... Posted on November 4, 2009 at 12:49 pm by Craig P. Niedenthal

Rank This Week: 2151

Alabama DUI Lawyer Blog

Covers news and updates on Alabama DUI cases. Published by Steven D. Eversole.

http://www.alabamaduilawyerblog.com/

Nov 19
Gov. Riley Funds Anti-Drunk Driving Campaigns in Mongomery and Other Alabama Counties

As a Birmingham DUI defense lawyer, I have noted how much funding is going toward traffic safety campaigns, which includes drunk driving enforcement. Much of these funds go for increased patrols looking to catch Alabama drivers allegedly operating their vehicles under the influence of alcohol. Millions of dollars are provided by the federal government to the state every year to combat DUI violations. While I commend our police and law enforcement agencies for making our streets and highways... Posted on November 19, 2009 at 08:03 am by Steven D. Eversole
Nov 12
Alabama Drunk Driving and Traffic Enforcement Campaigns More Effective Year-to-Year

As a drunk driving defense attorney located in the Birmingham, Alabama, area I have much experience with DUI arrests, as well as understanding the impact of a drunk driving conviction on people's lives. So it was with much relief that I read about a reduction in DUI arrests over the last Labor Day holiday versus the year before. As a fellow motorist, I am pleased to know that rates of drunken driving have dropped, but as a DUI defense lawyer I do not see this as an end to unjustified drunk... Posted on November 12, 2009 at 08:02 am by Steven D. Eversole
Nov 5
Birmingham Drunk Driving News: Alabama Woman Charged with Homicide in Fatal DUI Accident

A Cullman, Alabama, motorist was recently arrested on charges of vehicular homicide in the tragic deaths of her mother and four-year-old daughter, according to news reports. Jacquelynne Cosper, a 29-year-old mother was picked up recently by police after an investigation revealed that she was allegedly driving under the influence of alcohol prior to the June traffic accident that killed the two family members riding in her car. As a Birmingham drunk driving defense lawyer, I know the pain of... Posted on November 5, 2009 at 08:14 am by Steven D. Eversole

Rank This Week: 2167

Alabama Car Accident Blog

Covers Alabama car accident law and claims information. By Moore & Wolfe.

http://alabamacaraccident.blogspot.com/

Nov 13
Story About Unfair Video Surveillance by Insurance Company

Follow the link below for an interesting story on Hartford Insurance Company's unfair use of video surveillance to deny benefits. Surprize, surprize. [abcnews.go.com] Posted on November 13, 2009 at 01:01 am by Moore & Wolfe
Nov 10
GEICO owns geicosucks.com domain!

As has been reported on this blog and in our newsletter, Legally Speaking, GEICO has recently adopted a hard line approach to claim settlement in auto-negligence claims. Recently Digg.com has reported that GEICO owns the domain, geicosucks.com. In years past when various insurance companies have adopted unfair claim practices, web sites have sprung up describing the unfair claim practices of the particular company. See for example famersinsurancesucks.com Obviously, GEICO wants to limit any bad... Posted on November 10, 2009 at 02:44 am by Moore & Wolfe
Oct 21
M&W Press Release: Re GEICO claim practices

M&W today issued a press release for general media distribution regarding the unfair claim practices of GEICO. The body of the release is included below: PRESS RELEASE TO: Mobile Area Media Outlets FROM: Moore & Wolfe, Attorneys DATE: October 21, 2009 RE: GEICO Unfair Claims Practices [NOTE: Because of pending litigation, the name of the client has been omitted.] 83 Year Old Great Grandmother has to File Lawsuit Because of GEICO's Unfair Claim Practices. On November 21, 2008 Mrs.... Posted on October 21, 2009 at 08:05 am by Moore & Wolfe

Rank This Week: 2536

Birmingham Injury Blog

Covers deposition tips, drug cases, insurance, mass torts, medical malpractice, product liability, recent case news, and slip and fall accidents. By Birmingham, Alabama personal injury lawyers Watts Law Group & M. Stan Herring.

http://www.birminghaminjuryblog.com/

Oct 23
"Falls On the Rise as a Leading Injury Among Senior Citizens "

The Chicago Personal Injury Lawyer Blog has posted an article on the latest slip and fall statistics. Nearly a third of Americans ages 65 and older will sustain an injury due to a fall; deaths as a result of falls have been rising since the year 2000. Falls account for 87% of the annual 250,000 hip fractures in people over 65. Hip fractures can then lead to other serious health complications such as blood clots, "skin breakdown" and pressure sores, ulcers and infection. More time for recovery... Posted on October 23, 2009 at 11:22 am by John Watts & M. Stan Herring
Oct 17
Surgical Fires are Rare, but Preventable

The Indiana Injury Lawyer Blog has posted an entry about the risks of surgical fires and how to prevent them. There are roughly 550-650 surgical fires a year, with about 1-2 being fatal and 30 resulting in serious injuries. The risk of being the victim of a surgical fire (or "flash fire") is rather low, but the article suggests that it is entirely too high considering the fires are completely preventable. According to ECRI forensic investigators, most flash fires occur when high oxygen levels... Posted on October 17, 2009 at 10:00 pm by John Watts & M. Stan Herring
Oct 12
Tired Doctors Make More Errors

The Indiana Injury Law Blog has posted an article about "internal factors" that cause doctors to make fatal medical errors. A Mayo Clinic study has shown that the amount of medical mistakes made by residents increases with the doctor's stress and fatigue. The study followed 430 medical residents who were questioned every three months from 2003 to 2008 about their stress levels, burnout, sleepiness, fatigue, depression and the number of medical errors they made. &#xe2€&#xa2 Out of 370 residents who... Posted on October 12, 2009 at 07:26 pm by John Watts & M. Stan Herring

Rank This Week: 2857

Alabama Injury Attorney Blog

Covers automobile accidents, personal injury, truck accidents and wrongful death. By Martinson & Beason.

http://www.alabamainjuryattorneyblog.com/

Oct 2
Agent Orange and VA Benefits

Almost four decades after stopping the wartime spraying of Agent Orange during the Vietnam War, the deadly effects of the chemical can still be felt both in Vietnam, and here in America. During the course of the War in Vietnam, Agent Orange was sprayed on jungles to deprive Vietnamese troops of ground cover. Recently, the U.S. and Vietnam have launched a health panel to look into the lasting effects of Agent Orange. Since the 1990s, the Department of Veterans Affairs has been linking the deadly... Posted on October 2, 2009 at 09:09 am by Martinson & Beason
Sep 18
Huntsville Personal Injury Lawsuit Filed Against Alabama A&M Professor

Alabama injury attorney Morris Lilienthal has just filed a negligence and wantonness lawsuit in Madison County, Alabama Circuit Court arising out of an alleged child abuse incident. Our firm represents a mother and her 7 year-old son who was abused while attending a summer day camp in Huntsville. The complaint alleges Joseph A. Lee a 61 year-old professor at Alabama A&M University as the director of the summer camp was charged with a duty to supervise, watch, and care for the children at... Posted on September 18, 2009 at 06:05 am by Martinson & Beason
Sep 2
Huntsville Alabama Car Accident Leads to $80,000 Judgment for Martinson and Beason Plaintiff

Alabama personal injury attorney Morris Lilienthal represented our client who was involved in a serious car wreck on January 19, 2007. The plaintiff and her husband were driving north on a 5 lane highway (2 southbound lanes, 1 turn lane and 2 northbound lanes) at the time of the accident. Evidence at trial revealed the defendant was traveling southbound in the northbound lanes and had been weaving back and forth across the highway and driving on the sidewalk prior to the impacting the... Posted on September 2, 2009 at 08:22 am by Martinson & Beason

Rank This Week: 2981

Law Libraries Association of...

Law Libraries Association of Alabama

http://llaalabama.blogspot.com/

Sep 25
LLAA Fall 2009 Meeting Announced

From Greg Laughlin: The LLAA Fall Meeting is scheduled for Friday, October 30 at Cumberland School of Law (Samford). Former Governor Albert Brewer will speak to us in the morning about the history of constitutional reform in the state of Alabama. Plans for the afternoon session are being finalized, with an announcement hopefully planned for early next week. We will send out an agenda and be requesting reservation once the afternoon program is finalized. Posted on September 25, 2009 at 04:07 am by Mandy
Aug 3
Link to PACER Petition

Authentication and free access to PACER for depository libraries is one of the issues being addressed by the AALL Government Relations Office, and this petition was addressed by the AALL Annual Meeting keynote speaker Jonathan Zittrain. If you would like to see and/or sign the petition, click HERE. Posted on August 3, 2009 at 12:23 am by Mandy
Apr 20
AALL LISP Public Library Toolkit: Alabama

Gigi Panagotacos and Tim Lewis each gave very informative/educational presentations for non-law librarians at the Alabama Libraries Association meeting in Auburn on April 8, 2009. Gigi's presentation was a quick and dirty basic introduction to legal research; from how to interpret a citation, to core reference materials (the Blue Book and Black's Law Dictionary), to the types of primary and secondary materials - print & online - available. Tim talked about what kind of research/reference... Posted on April 20, 2009 at 05:08 am by Mandy

Rank This Week: 3018

Alabama Insurance and Construction...

Alabama Insurance and Construction Law Blog

Covers construction collection efforts, construction defect claims, and construction contract terms. By Greg Vaughan, Esq.

http://www.bamalawblog.com/

Sep 16
CHINESE DRYWALL IN BALDWIN COUNTY ALABAMA

We are now handling several homeowner claims in Baldwin County Alabama concerning defective Chinese Drywall. Recurring damage to Heating & Air Conditioning units is a good indicator that your home may have Chinese Drywall. The drywall "off gasses" sulfur dioxide and slowly deteriorates certain metals, including the copper found in your A/C system. Generally, the drywall was introduced into the market around 2004-2006. Therefore, if you have continuous A/C problems--and your home,... Posted on September 16, 2009 at 09:29 pm by Gregory E. Vaughan
Sep 16
KEY CONTRACT TERMS TO CONSIDER BEFORE DOING BUSINESS IN MOBILE ALABAMA

Before you lift a hammer on a project, make sure that you have a written contract (prepared by a lawyer) to protect you in the event you must institute legal proceedings to collect. Important terms are as follows: 1. Venue for disputes--This sets the location for any dispute between the parties. If you are working on a project in Mobile, Alabama--then you should have a venue paragraph that sets Mobile County, Alabama as the venue for all disputes. If you are working with an out-of-state general... Posted on September 16, 2009 at 08:59 pm by Gregory E. Vaughan
Aug 4
Legal Services to Construction Professionals

Our firm provides general legal advice concerning the following trades within the construction industry: HVAC, Security Alarms, Architects/Draftsman, Cabinets, Trim Carpentry, Framing, Concrete, Electric work, Pest Control, Flooring, Glass/Glazing, Sealants, Grading/Excavating, Insulation, Landscape, Masonry/Brick/Block, Metal Walls/Metal Roofing, Painting/Exterior Coatings, Plumbing, Roofing, Septic Systems, Sheet Metal, Sheet Rock, Suppliers, Swimming Pools, and Tile Work. Whether you need... Posted on August 4, 2009 at 09:07 pm by Gregory E. Vaughan

Rank This Week: 3048

James' Interstate Land Sales Full...

James' Interstate Land Sales Full Disclosure Act Blog

Discusses the Interstate Land Sales Full Disclosure Act (ILSFDA), which regulates the sales of condo units and subdivision lots. By James Saad.

http://ilsfdablog.blogspot.com/

Sep 8
some new cases

Venezia v. 12th & Division Properties, LLC, 2009 WL 2366417 (M.D. Tenn. Jul. 30, 2009): The court sided with Taylor in the 2-vs-3 year rescission window under 1703(c) (i.e., court said it was a 2-year window). DeLaura v. Lennar Homes, Inc., 2009 WL 2181251 (M.D. Fla. Jul. 22, 2009) (&#xc2&#xa71702(a)(2) denied where specific performance not available). In re Paramount Lake Eola, L.P., 2009 WL 2525558 (M.D. Fla. Aug. 17, 2009): 1702(a)(7) and 24 CFR 1710.14(a)(3) are not exemptions for "investors,"... Posted on September 8, 2009 at 01:05 pm by James Saad
Jul 31
two recent cases

Here are some interesting highlights from two fairly recent ILSA cases: Plant v. Merrifield Town C enter Limited Partnership, 2009 WL 2225415 (E.D. Va. July 1, 2009): Equitable remedies are available under 1709 upon a proper factual showing. Rescission is also allowed under 1709 (subject to a three-year statute of limitations), if the plaintiff can prove that it is appropriate under the facts and circumstances. The Court was a little shocked that no other courts have reached this conclusion... Posted on July 31, 2009 at 01:08 pm by James Saad
Jul 19
S.E.C. v. Century Mortgage and Contract "Switching"

S.E.C. v. Century Mortgage Co., Ltd., 470 F.Supp. 300 (D.C. Utah 1978) is a securities case that I think is applicable to some ILSA "purpose of evasion" situations. There is a fact pattern that sometimes comes up that goes like this: contracts were signed in violation of ILSA. The developer had the purchaser terminate these contracts and sign new ones under an exemption. Is this ok? There might be some variation (e.g., contracts are amended to correct violations; property reports are provided... Posted on July 19, 2009 at 05:51 am by James Saad

Rank This Week: 3073

Alabama Insurance Defense Report

Covers insurance law for claim professionals and practitioners. By Thomas Little.

http://alabamainsurancedefensereport.wordpress.com

Jul 29
“Sealed Container” Defense does not Apply to UCC Breach of Warranty Claims

Alabama appellate courts have long held that the "sealed container" defense applies to retailers and distributors sued on products liability claims under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Pursuant to Atkins v. American Motor Corp., 335 So.2d 134 (Ala. 1976), a retailer or distributor may avoid liability under the AEMLD if it shows: &#xe2€&#xa6that he [...] Posted on July 29, 2009 at 04:17 am by bhamdefenseatty
Jul 26
Alabama Federal District Court Holds Insurer Has No Bad Faith Liability to Third Party Beneficiary

Recently, the U.S. District Court for the Southern District of Alabama held, in a case of first impression in the state, that an insurer's liability for bad faith did not extend to a third party beneficiary to an insurance contract. In Jones v. General Ins. Co. of America, the plaintiff was a homeowner who had [...] Posted on July 26, 2009 at 05:49 am by bhamdefenseatty
Jul 17
Smith, Spires & Peddy Summer Newsletter

Our firm's Summer Newsletter is out. There's some informative stuff in there, including a great article on the new Medicare reporting requirements, one on insurer liability for hospital liens, and one on venue in Alabama, plus a breakdown on recent decisions by yours truly. Enjoy! Posted on July 17, 2009 at 12:57 pm by bhamdefenseatty

Rank This Week: 3186

Alabama Consumer Lawyer Blog

Covers bankruptcy, credit card fraud, debt collection, and predatory lending. By Sharbrough Law Firm.

http://www.alabamaconsumerlawyerblog.com/

Feb 24
Consumers and Lawyers Beware of Credit Card Companies Bearing Gifts

Bankruptcy and consumer lawyers in Alabama and elsewhere should be aware of American Express's attempt to subvert bankruptcy laws with respect to preference payments. American Express has announced a plan to pay some of its card members $300 to pay-off their cards and close their accounts. American Express says its offer is to help consumers "simplify" their finances. However, it is clear; American Express is trying to induce consumers to pay it first. As many remember, the "Bankruptcy Abuse... Posted on February 24, 2009 at 06:42 am by John W. Sharbrough
Feb 22
The Bankruptcy Option

As an Alabama consumer lawyer I see more and more clients who are "over-extended" and having tough times economically. Deciding whether or not to file bankruptcy is one of the most difficult decisions a person can make. However, bankruptcy no longer carries the stigma it once did. This is especially true during these particularly dire economic times. Many of the country's largest and most prestigious institutions, like Lehman Brothers, have fallen on hard times and sought relief in bankruptcy.... Posted on February 22, 2009 at 09:35 am by John W. Sharbrough
Feb 20
Frequently asked Questions for Borrowers about the Homeowner Affordability and Stability Plan

Borrowers Who Are Current on Their Mortgage Are Asking: 1. What help is available for borrowers who stay current on their mortgage payments but have seen their homes decrease in value? Under the Homeowner Affordability and Stability Plan, eligible borrowers who stay current on their mortgages but have been unable to refinance to lower their interest rates because their homes have decreased in value, may now have the opportunity to refinance into a 30 or 15 year, fixed rate loan. Through the... Posted on February 20, 2009 at 08:50 am by John W. Sharbrough