Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal Sysytem
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Home > Legal Issues > Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal SysytemPosted on August 24, 2011 by Morgan Adams
Frivolous Defenses and Frivolous Lawsuits
Legislators have been attacking frivolous lawsuits for clogging the courthouse and unfairly costing our society billions of dollars. As a result almost every state, including the federal government, has passed sever penalties for the filing of frivolous lawsuits. The number of lawsuits has decreased, but the amount of litigation has increased! How can this be? Simple, we now have a proliferation of frivolous defenses.
Defense lawyers, in order to make up for the loss of the volume of cases, are now litigating everything in sight. It adds huge amounts of time to a case (waste a jury's time) and increases the costs and expenses of an injured party needlessly.
A simple fix would be to require frivolous defenses to be sanctioned in the same way frivolous cases are currently being sanctioned.
Ben Glass Legal Marketing SuperConference now Open for Registration
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Posted on Apr 23, 2009
I have a small confession to make: While many attorneys say I'm the marketing guru that made a major difference in their lives, I don't know everything, nor do I pretend to. The truth is, it's impossible for one person to master every type of offline and online marketing technique.
That's why I've assembled my own team of marketing all stars. I don't want you to miss out on any powerful marketing technique or tactic - and you won't when you hear these speakers.
Find out more about the Great Legal Marketing Super Conference, the best legal marketing seminar in 2009
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Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal Sysytem
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Home > Legal Issues > Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal SysytemPosted on August 24, 2011 by Morgan Adams
Frivolous Defenses and Frivolous Lawsuits
Legislators have been attacking frivolous lawsuits for clogging the courthouse and unfairly costing our society billions of dollars. As a result almost every state, including the federal government, has passed sever penalties for the filing of frivolous lawsuits. The number of lawsuits has decreased, but the amount of litigation has increased! How can this be? Simple, we now have a proliferation of frivolous defenses.
Defense lawyers, in order to make up for the loss of the volume of cases, are now litigating everything in sight. It adds huge amounts of time to a case (waste a jury's time) and increases the costs and expenses of an injured party needlessly.
A simple fix would be to require frivolous defenses to be sanctioned in the same way frivolous cases are currently being sanctioned.
The Impact of Legal Videography on Depositions
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In a deposition, an attorney solicits information from a witness before a case goes to court. Traditionally, the witness’s responses are recorded in a transcript. But today, many attorneys choose to record a deposition on video as well – a decision that can help influence a jury’s opinion.
The Effect of Visual Testimony
In a recent study, participants were asked to identify which of six communications contained a lie. Each video communication featured a visible speaker, and all of the participants who identified the video that contained the lie did so based on the non-verbal behavior of the speaker. The same thing can happen when jurors see a witness lie in a video deposition.
Psychologists attribute the power of video depositions to two factors: people gauge truthfulness via visual cues, and most people remember what they see better than they remember what they hear. Another advantage of video depositions is that jurors are able to see an attorney’s behavior. If an attorney is respectful and the witness still does or says things that seem untrue, the evidence can seem even stronger for the viewer.
Can Legal Videography Help Injury Victims?
Legal videography can benefit any case in which depositions are taken, including injury cases. In fact, major lawsuits have been won based on the impact of a video deposition. At Console & Hollawell, our New Jersey injury lawyers use legal videography when it can help secure a settlement or win a court case. If you’ve been injured in an accident and someone else saw it happen, speak with a New Jersey accident attorney today. The witness’s testimony could prove valuable to your case.
For over 17 years, the New Jersey injury lawyers at Console & Hollawell have helped injury victims recover damages. If you’ve been injured in an accident that wasn’t your fault, we’ll use every legal strategy available to us, including legal videography, to win your case. Contact a New Jersey accident attorney at Console & Hollawell today for a free consultation.
Call Toll Free today: (866) 778-5500
Swimming safety, Fireworks accident prevention, bike & summer-security - legal newsletter summer 2010
-Michael j. Smith, Waterford, MII chose Larry Buckfire as my medical malpractice lawyer for a wrongful death lawsuit against the VA Hospital in connection with the death of my father. He settled the case before filing a complaint. I will give it the top rating for a medical malpractice attorney of Michigan. He's the best!
-Sharon A., Ann Arbor, MIIf you need a personal injury lawyer in Michigan, I recommend Buckfire & Buckfire P.C. You won a Saginaw nursing home neglect settlement for my father, after the case rejected two other law firms.
-Jeffrey R., Detroit, MIWhen, I was in a Lansing-bicycle accident injured, I chose the company, in my no-fault insurance lawsuit represented me and mean to claim uninsured motorists. They made the insurance company to pay the whole directive and all of my services. If you are looking for the best car accident lawyers in Michigan, call them now!
-Robert M., Lansing, MII malpractice lawyer contacted the firm after researching on the Internet for Michigan. My mother died during surgery at a hospital in Lansing. Larry Buckfire proved that an anaesthesia error was the cause of her death. He won the major settlement in our unlawful death process and we are grateful for his hard work.
-Sherrie H., Chicago, ILAfter are suffering serious injuries in a car accident in Ann Arbor, I wanted the top Michigan auto accident attorney to my case handle. I chose Daniel Buckfire. Each time, when I was with other lawyers in Michigan, someone would say, we were as happy that "best". So thanks again!
-Pat V., Cleveland, OHmore
What legal effect is Irene let the consequences of Hurricane for you?
It happens not often that a visit by a hurricane Irene savagery North graces us easterners, but the destructive power of these forces of nature all due to the particularly enormous effects of Hurricane Katrina and Rita is something familiar to us. These hurricanes expelled thousands of people, raining destruction to homes and businesses in the surplus of billions of dollars in damages.
Yesterday morning, thousands of parts of North Carolina as Hurricane Irene have been swirled evacuated compared with the State. Hurricane warnings for New Jersey immediately followed, according to meteorologists, Irene projected path the coast of North Carolina would follow-up. According to the NJ.com Stephen Stirling Irene can bring Saturday night and Sunday local presence and wind speeds of up to 75 knots (85 mph) with gusts of up to 90 knots (105 km/h). This enormous wind speeds, not to mention torrential rainfall, can serious havoc in Philadelphia and New Jersey. All of us a very real physical is in danger on the horizon, we must prepare the threatens.
But more to a hurricane destruction and damage there - it's the aftermath, picking up the pieces. Connecting to a hurricane covers a whole range of legal matters and hurricane damage claims, such as Katrina and Rita us showed.
Builders and entrepreneurs are, for example, at risk to various complaints from House and homeowners, if all plants and unfinished work, the House injures or occupant injured. Volunteer health professionals (VHPs), when invoked, must deal with liability - questions about compensation, if damaged and help, that the compensation will make available. Then there are the insurance claims disputes between landlords and tenants about damage, of course, and FEMA claims. After Katrina, Adam scales, an associate professor of law at the Washington and Lee University, reports such as a few "went to compensate for damage caused to her home by a Federal Court with something more than $1,200 for the valued at $130,000 of Hurricane Katrina." An example is that people call their insurance and clarify their coverage imperative.
Ultimately, you inform responsibility on your shoulders, himself on various aspects of the hurricanes and how they can affect your life. To this end is recommended check-out by Lloyds list of useful websites for information of the hurricane. In the course of a hurricane as fierce as Irene, could turn out to be to give in to the physical threat to legal consequences, most prudent decision can however to a NJ accident lawyer - in particular, that the practice premise liability and injured.
Ben glass legal marketing SuperConference, now open for registration
Posted on 23 Apr 2009
I used to make a small confession: while many lawyers say, I am the marketing guru made a huge difference in their lives, I don't know everything, nor I claim. The truth is, it is impossible, a person to master any kind of offline and online marketing technology.
That is, why I have my own team of marketing-all star mounted. I don't want to be sure no powerful marketing technique or tactic - and you, when you hear these speakers.
Learn Super Conference the best legal marketing seminar in 2009 about the great legal marketing,
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Legal restrictions on the use of 15-passenger vans for youth functions
The irony of this is that they typically are used in situations where the security of the utmost importance should be. Used often transport members of organizations such as churches and community groups. They used often for companies where large crews of workers need transport various locations.
The National Highway Traffic Safety Administration (NHTSA) is a consultative security every year warning people about the risks of rollover accidents in these vans. Although overall it banned not these vans from the road, it has announced restrictions on the use of such vehicles for schools. If these vehicles are sold at a school for the use of transporting students to and from schools or school events, they must meet federal school bus standards.
Non-school-based can do still legally these vehicles and many are still organizations like day care and churches. The NHTSA strongly recommends that organizations use vehicles that instead comply federal school bus standards. Many vendors sell these vans on these types of organizations, and reportedly still trying to sell them, that they will use to school illegally to people. Civil penalties are imposed on the dealers and the fines can significant.
The highway safety road safety, recommends program guideline 17, students specially developed a vehicle, carry more than 10 persons, that when a school bus is used at the time must meet all Federal safety standards for school buses, the vehicle was manufactured.
These vehicles make a number of bugs with its design roadways makes it easy to a dangerous van accidents when used at the Georgia. The significant deficiencies in the design of this larger 15 passenger vans is their length. She so long when a driver tried to make sudden turns or braking too hard, responds to the van to avoid not good or in a car accident. Another important design error, the willingness of these vans, rollovers in an accident affects is their high priority. Whenever a vehicle out of the ground is higher as these vans and SUV's, it is a higher chance of a fatal rollover accident than in a standard car.
Montlick and staff, we have victims of tragic car accidents for more than 27 years represents. If you or someone you love is seriously injured or killed in a van accident, Georgia our Georgia van accident the circumstances of your car accidents and struggle hard to assess lawyers by Montlick and Associates, you get the compensation you deserve. Call Montlick and Associates today to see how we can help.
Our experienced Georgia auto accident lawyers are available to customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta to help Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come even to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
Woman who have abused legal system time to think about their crimes
Erhalten Sie die neueste Nachrichten.
Posted on 06 Okt 2009
Bitte denken Sie nicht immer, dass Sie erhalten Weg mit staging gefälschte Unfälle in Virginia. Zunächst die Insurace Unternehmen sind ziemlich smart und tun alles, was sie können, um legitimen Ansprüche zu verringern.
Aber einen Unfall fake?
Dann legte Ihre Kinder im Auto und sage ihnen, dass sie verletzt werden.
Es gibt einige echte schmierigen Zeichen in dieser Welt.
Diese Frau verbringen Jahre in Bundes-Gefängnis (irgendwo, offenbar, das sie bereits mit etwas vertraut ist.)
zurück zum Anfang
Northern Virginia legal news website launched
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Accident cases, conditional fees in Virginia.
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Virginia Med time plaintiffs allows 1.8 million US-dollar-jury award legal costs to
Wendell Waggener claimed neck surgical services, filed a lawsuit against Dr. Steven j. Oltermann and Northern Oltermann to diagnose not colonic obstruction and carry out an emergency procedure in a timely manner. The jury awarded Waggener represented lawyer John petty, $2 million from Richmond the 1.8 million by the cap on medical malpractice damages was dropped.
Waggener requested an award for $2,706.88 in legal expenses, but the defendants objected against his request. The accused made the argument that the State prohibited the Federal Court, statutory damage Cap taxation costs pursuant to fed. R. CIV-P.54(d), since the verdict on the CAP would go until then.
US District Judge Robert Payne rejected the defendant claim that the allocation of the costs of the plaintiff would push higher than Virginia's Cap price. Federal courts firmly according to Payne continuously, that taxation of costs is a question of the Federal Republic of, not state is substantive law.
Petty, said that he could find any comments in federal or State Court on this issue.
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Further legal protection for defective automobile manufacturers
"It felt like we had hit by a basketball". That's what Bob McGee predicated on the impact and the subsequent fuel fed fire, which claimed the life of his son and almost killed his wife.
The jury General Motors to sell a car with a dangerous and defective fuel system held responsible. This ruling helped change car manufacturers design cars.
But now, once again try "tort reform" activists "the basketball responsible to make."
Big business from the State to take the crash theory. You want the driver responsible for all injuries in the crash, including those caused by a defect. This means increased protection for manufacturers to sell the dangerous and defective vehicles. And if large companies for the catastrophic medical bills, they cause that pay, taxpayers generally end with the invoice.
We should do it not to. They must be forced to make sure their products.
Do not let "the basketball guilt."
House Bill 201 increases for vote in the House of representatives soon. We ask you to e-Mail-your representative and you ask to vote 'No' in House Bill 201. Let's continue to blame us automakers for the provision of safe cars.
Should a vehicle manufacturer, that a defective product made that caused can move fault to the driver of the vehicle injuries in an accident?
Position: NR. The crash doctrine is rooted in the case of a long-held principle from the 1968 law requiring car manufacturers to have their products in a crash. Attempts to change this doctrine and allow automakers shift the blame for their defective products to someone else, as the driver who caused the accident is wrong and unfair to consumers. If in a frontal collision airbags don't provide a manufacturer could say that it is the driver's fault.
Car manufacturers, which bad products to avoid legal and financial penalties for their shifts the financial burden of caring for injured by faulty products on the taxpayers of the State of Florida, instead of the manufacturer. It provides no incentive for vehicle manufacturers of safer cars and the automotive industry, which already is the cost of liability claims in the price of the car will not harm.
History: 1968 The crash doctrine was invoked in a case Larsen vs. General Motors founded. The opinion said in this case, that car crashes are inevitable and car manufacturers are responsible for the production of their cars as safe as possible in a collision.
In the year 2001 in Florida, in d ' Amario vs. Ford Motor Company, a case of a motor-vehicle accident and subsequent vehicle detected fire, Florida Supreme Court, a clear distinction between obligation caused a car accident and liability of the producer of a defective product, which has caused injuries advanced beyond the first accident.
In d ' Amario, the Court has held that a manufacturer only for improved injury is responsible. Thus a jury may not divide error with the driver of the vehicle. The Supreme Court, said the jury focus should be on a fault if existed and whether the behavior of the driver caused or the first collision causing it injury, not what improves.
In the past, automakers have deep resistance to improvement of security, such as such as seat belts in the 1960s and airbags in the 1990's because of concerns about cost or marketing shown. It was only 10 years ago, that tire manufacturer Firestone had to remember which had caused at least 200 dead and 700 injured millions of defective tires. Since then, it has a national movement and accountability manufacturer, with Florida leading the way with its decision d ' Amario to make vehicles safer.
Car security
Vehicle manufacturers are not expected to design cars that are accident-proof. More than 30 years ago founded this vehicle, the manufacturer for the vehicles which will be subject to a "unreasonable risk of injury." occupant are not expected automakers know case law Florida receive vehicles in collisions and their responsibility to prevent injuries. Ford Motor Company, which says in the instructions for his 2005 Tour: "36,700 crashes come every day."
It is also the reason vehicle manufacturers behavior full crash, a key indicator of organisations such as consumer reports, whether a vehicle is used. This is an important factor to use the consumer when you buy a car. Consumers assume that services the vehicles such as the Honda Civic, developed thanks to published reports on crash test high for example in place to protect against injury.
Escaping debt
The Florida Supreme Court said in 2001 that juries, not in the position error between the automaker and the driver should share. But legislative proposals had undermined crash automakers blame for faulty products and the purpose of teaching to escape. Juries would have said, to consider, which led to the accident to determine the fault for an extended injury, such as such as a drunk driver. Supporters of this legislation claim without him will be negligent driver way off the hook. This is not true--negligent driver are still responsible for all injuries caused by their reckless behavior, but not the risk of injuries due to deficiencies of a car manufacturer.
Taxpayers foot the Bill
Another problem with reversal of the doctrine of the crash is the huge consequences for the citizens of Florida, because rehabilitation costs to the taxpayer. Just because the manufacturer to avoid responsibility for injuries that they cause, are given a free pass, this does not mean that the injuries go away. Instead victims refer to social assistance and the taxpayer at the end of the Bill for medical care. In addition the cost of the product have built liability suits in the price for cars product manufacturers for decades.
Completed: The Florida legislature should not have the safety of Floridians took over after Alabama's vehicle manufacturers prefer. Legislative proposals that allow vehicle manufacturers to avoid liability for defective products, and there is no incentive to make products safer, are bad for Floridians. A big step backwards would this legislation in the search for safer products and an injustice for consumers and taxpayers.
Ben glass legal marketing SuperConference, now open for registration
Posted on 23 Apr 2009
I have to make a small confession: while many lawyers say, I am the marketing guru made a huge difference in their lives, I do not know everything, nor do I to claim. The truth is, it is impossible, a person to master any kind of offline and online marketing technology.
That is, why I have my own team of marketing-all star mounted. I don't want to miss any powerful marketing technique or tactic - not be you and you, if you hear these speakers.
Learn Super Conference the best legal marketing seminar in 2009 more about the great legal marketing,
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Supreme Court VA tilts circuit in PI legal malpractice suit
Recently, the Supreme Court of Virginia ruled in an interesting legal malpractice suit. Some personal injury lawyer had a client and forget, statute of limitations probably the case within two years the guy good piece cost money file.
The lawyers for the lawyer (Yes, we have to lawyers) argued that the plaintiff is an other defendants in another State with a longer Statute and so could sue the lawyer could not be negligent was not completely lost the case.
Circuit Court ruled in favor of a lawyer, but the Supreme Court took its decision on the establishment, that the lawyer's failure to comply with the suit file on time to complete the immediate cause of the plaintiff was to sue in another State. In fact, the lawyer argued that he commit not misconduct, because in time to the file of only the plaintiff's case in Virginia destroyed his error. Hopefully they will they get now, that it has been taken for a process.
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Conditional fees in Virginia accident cases.
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Woman who have used the time to think about their crimes legal system
Posted on 06 Oct 2009
Please you do not always think that you get way with staging fake accidents in Virginia. First the Insurace company are pretty smart and do everything they can to reduce legitimate claims.
But fake an accident?
Then, put your children in the car and tell them that they are violated.
There are some real sleazy characters in this world.
Spend this woman years in a federal penitentiary (somewhere, apparently.), which is already familiar with something
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What happens if prudential tried legal fees pay Mrs its a bankruptcy?
Avvo emphasizes ethical legal services smart Conference,
Posted on Monday, May 23rd, 2011If you know about Avvo, you know that there is a website reviews for lawyers, which rewarded experienced and ethical lawyers to consider a high ranking for the consumer to find smart, after legal advice. If you are unfamiliar with Avvo, because of the influential Web start is required, have significant effects on lawyers online, interaction will be an even more integral part of daily life as the Internet. Last week I had the opportunity, Avvo of the Avvocating Conference in Orlando, visit with information sessions on the best practices of Web marketing, the importance of Google local search, and the ethical questions that lawyers online was packed.
One of the lessons which I removed is that really the time to develop their online strategy, the world of online marketing should take lawyers before the jump. Setting up a blog, Facebook profile, and Twitter account, for example, be effective only if your company really has the time, these accounts to monitor and develop new, relevant content. Lawyers should also not forget, that vehicle to be a way, connect with people and discussions, no marketing social media. You develop a far more loyal and social after bookings and are interested in commenting on interesting stories (not just your own), and that engage in conversations with others.
Of course, this investment in social media and online marketing takes time and resources. Avvo stressed that if you choose the jump, it never should disturb your attention to the outstanding legal services to your customers. This is likely why it Brian fir tree invited (who not quite a fan of Avvo), speak on Friday morning. Schwschwschweden stressed that no amount of online marketing, simply a great lawyer can power of being meet. On this point he is completely right, which is why lawyers who intend online really should take the time to develop a strategy, contains the honest commitment.
Thanks to the entire Avvo crew for a great Conference. I will be looking forward to next year! A few more shout outs to moderators Vanessa Fox, who wrote the book marketing in the age of Google and Mike Blumenthal, one of the world's experts, when it comes to Google provide information.
Funding cuts threaten California legal aid clinics
Posted on Thursday, May 19, 2011
Clinics are legal aid at risk. In the framework of the last month budget compromise the not-for profit organization legal services Corporation saw their funding $ 15.8 million 4 per cent of the entire budget slashed. First House Republicans proposed the LSC budget cut by a whopping $75 million, but after President Obama a boost of $30 million proposed, both sides agreed in the smaller cut. But this is the latest in a series of legal aid cuts that vulnerable have left poor Americans for the worst aspects of the economic recession with little legal protection.
As Marian Wang reports for Pro publica, the 15.8 million US dollars in federal aid cut more jobs comes as Governments are both forced, legal aid cuts despite the increasing demand for free. Legal services NYC, lost this year's federal budget for example about $720,000 thanks to the. "You reach a point where you can no longer absorb" the cuts, said Edwina Frances Martin, a spokeswoman for legal services NYC.
The same applies clinics that have endured in the last decade a vein in the vicinity of debilitating cuts California legal aid. Clinics by one are threatened in addition to cuts the federal funds from the LSC California legal aid nor more significant reduction to the State-based interest on lawyers trust accounts, collecting interest on funds, the lawyers temporarily for their customers are distributed, people in need keep legal aid. Nationwide, this fund fell 75% of $ 371 million in $2007 92 million in the year 2009. In California, the Fund sharply by $ 22 million declined a $ 7 million in 2008 year of later, reports of the San Francisco recorder.
The decline of the legal aid funding should ensure as a serious disability, that "our legal system works for the millions of Americans, in the most vulnerable are in our society and that we fulfill our national promise of equal access to justice" said LSC Chairman John Levi earlier this year. LSC President James Sandman added "need more people legal services than ever from recession, high unemployment and slow economic recovery."
If you live here in California, to display our interactive map of the free legal aid clinics in the Bay area. Share your thoughts and stories in the comments section or on our Facebook page.
