I’m a trial lawyer for injured people and businesses at The Beasley Firm. Founded in 1958, we have recovered over $2 billion for our clients through hundreds of verdicts and settlements in excess of $1 million. We’re listed in Super Lawyers, Best Lawyers in America, U.S. News’s Top Lawyers, [...]
‘More Probable Than Not Can’t Be Shown by Probability’
Causation in Tort: General Populations vs. Individual Cases: Abstract: To establish causation, a tort plaintiff must show that it is “more probable than not” that the harm would not have occurred if the defendant had followed the relevant standard of care. Statistical evidence, based on aggregate data, is sometimes introduced to show that the defendant's conduct created a statistically significant increase in the likelihood that the harm would occur. But there is a serious problem with the use of such evidence: It does not establish that in the particular case, the injury was more likely than not to have occurred ... Continue Reading
Fair Use and the “Right” to Republish Yourself
Lessig Blog takes a good look at the dispute between John McCain and Fox News. When in April we launched the campaign to get the candidates and political parties to require that any network televising a presidential debate do so freely, a friend wrote, "Oh come on. Do you really think a network is going to threaten a presidential candidate over a copyright claim?" I did, though I confess I thought it was more likely a network would be the cat's paw for another candidate. The Fox network has now proven me wrong. Lessig is always worth reading; this piece ... Continue Reading
“Fetus-channeling case overturned by Ohio Supreme Court”
At Fortune/CNN/Money: A $30 million malpractice award won on behalf of a severely retarded cerebral palsy victim — the state’s highest malpractice verdict ever — was overturned by a 5-1 majority of the Ohio Supreme Court yesterday and sent back for retrial. The majority cited errors by the trial judge, evidence that the jury had been swayed by “passion and prejudice,” and “attorney misconduct” by the famously obnoxious trial lawyer Geoffrey Fieger. Here’s the ruling. ... The Ohio malpractice case had showcased a variety of push-the-envelope trial advocacy by Fieger, including a summation in which he purported to give voice ... Continue Reading
“Those Cases Never Go To Trial”
Yes they do: Princeton Faces Trial Over Use of Gift Now Worth $880 Million $18B Securities Claim Reaches Rare Trial See also Securities Litigation Watch's presentation on the 15 securities class actions that have gone to trial since 1996. Are you ready? ... Continue Reading
Overloaded – Now What?
Sometimes, it feels like there is too much to do. You are no longer juggling balls -- there are too many balls for that. You have multiple cases, each of which is "hot," moving quickly and independent of one another. Now what? First, decide if it really is too much. Look at each case in and of itself, determine what you know will need to get done, estimate what issues will likely arise (and the time they will take) and what issues/time will arise in the worst-case scenario, and then figure out if you really don't have the time to ... Continue Reading
Everyone Hates Lawyers, Mitt Romney Edition
If you didn't catch it elsewhere, the WSJ Law Blog picks up Romney's "lawyer" quote from the debates: During Tuesday’s Republican Presidential debate, Romney was asked whether he’d have to ask Congress for authorization to take military action against Iran. His response, says the WSJ editorial board provided a “revealing — and dispiriting” glimpse into “modern political life.” Said Romney: “You sit down with your attorneys and tell you what you have to do. But obviously the President of the United States has to do what’s in the best interest of the United States to protect against a potential threat. ... Continue Reading
Medellin for Federalism and International Law Junkies
Today the Supreme Court of the United States heard arguments in the Medellin case (background here). SCOTUSBlog sums up the argument nicely here. The case is intrinsically fascinating, with a conservative President ordering a State to abide by an international tribunal's ruling. One problem is manifest: the Constitution clearly makes Treaties the "law of the land," akin to Constitutional Amendments and thus superior to state law, Marbury v. Madison clearly leaves the final act of legal interpretation to the Supreme Court, and well-settled precedent leaves the President extensive authority to exercise discretion in the realm of international relations. It's not ... Continue Reading
Chances Are There’s an Explanation for Everything
Turns out the appendix may have a function after all: The function of the appendix seems related to the massive amount of bacteria populating the human digestive system, according to the study in the Journal of Theoretical Biology. There are more bacteria than human cells in the typical body. Most of it is good and helps digest food. But sometimes the flora of bacteria in the intestines die or are purged. Diseases such as cholera or amoebic dysentery would clear the gut of useful bacteria. The appendix's job is to reboot the digestive system in that case. The appendix "acts ... Continue Reading
What Role Do You Serve in Your Clients’ Lives?
Calculated Risk is upset with the following survey conducted by the Securities Industry and Financial Markets Association (SIFMA): "If you could have a free consultation session with an expert, which would you choose?" Financial Advisor: 53% Personal Trainer: 23% Interior Designer: 9% Fashion/Style Consultant: 6% Don't Know: 8% Frankly, I don't need a "financial advisor." I know about interest rates and tax deductions and 401(k)s, and I do a decent job of recording them in a spreadsheet. What else are they going to tell me? Stock picks? Three-quarters of brokers who fail to beat the market; I'll use an ETF, ... Continue Reading
Ready for the New Federal Rules of Civil Procedure?
On December 1, 2007, we'll have new, restyled Federal Rules of Civil Procedure. Here is, I believe, the final version of the F.R.Civ.P. Supposedly these changes are entirely stylistic, but others aren't so sure. Just make sure you're working from the right text when it happens. ... Continue Reading
