“Don’t Boo. Vote!”
Though not specifically outlined in the United States Constitution, the right to vote was originally defined by the states and was typically a privilege only afforded to white, property-owning, Protestant men. Over time, several constitutional amendments, including the 15th, 19th, 24th and 26th Amendments, expanded the pool of eligible voters in America. Amazingly, it has […]
Discovery From Private Individuals in The United States
I had the privilege of addressing the AAJ 2016 Annual Convention in Los Angeles. I discussed the rules of discovery in the United States, with a focus on the Federal Rules of Civil Procedure and the five discrete discovery categories. See the attached for my paper and lecture. Discovery From Private Individuals In The United […]
“A Republic, Madam, If You Can Keep It!”
That was the response of Benjamin Franklin to a woman who asked him whether the newly formed United States of America was to be a republic or a monarchy. As he was leaving the last day of deliberation at the Constitutional Convention in 1787 Franklin was concerned about the future of the new nation. Like […]
Videos Are Powerful, and Police Dash Cam Videos Are Discoverable
The two killings of people stopped by police in St. Paul and Baton Rouge and then yesterday’s killing of five police officers and wounding six more in Dallas are examples of horrifying events that took place just this week around the country. One lesson from all three incidents is that videos of what happened can […]
New York Court of Appeals Rules on Manufacturer’s Duty to Warn for a Third Party Product in an Asbestos Case
New York’s highest court issued a seminal decision on June 28, 2016, upholding verdicts against Crane Co. in two mesothelioma cases where Crane Co. was found liable for the use of asbestos-containing products manufactured by third parties on its valves. See link to decision here. Mr. Ronald Dummitt was exposed to asbestos as a Navy […]
Who is Liable for Zika at the 2016 Olympic Games?
As the 2016 Olympic Games approach, they have created a heightened awareness of the Zika virus and the potential health concerns associated with it. The Zika virus, carried by mosquitoes can also be transmitted through sexual contact and is prevalent in the host country, Brazil. There currently is no vaccine, no known “cure” and it […]
Products Liability and the Adequacy of Warning
In this month’s issue (June 2016) of PAJustice News, I discuss the importance of the case Hatcher v. SCM Group North America, Inc. as it relates to the decision in Tincher vs. OmegaFlex, Inc. Specifically in the Hatcher case, the question of failure to warn would be tested and ultimately used a Mackowick analysis to […]
It’s About Those Folks Called Clients
Ever have one of THOSE days? When every little (and big!) thing seems to be working against you? You know, those days when: I’ve had all of these happen to me, fortunately not all on the same day, but close. And like all jobs, we have our own, job-specific, lawyer-specific frustrations: And the beat goes […]
Justice is Near for South African Gold Miners
For decades both before and after apartheid, blacks from both South Africa and other nearby African countries worked in the gold mines of South Africa in deplorable conditions. In exchange for their subsistence wages the miners often worked deep underground with no effort made to prevent or remove the vast amounts of dust created by the […]
There Is More Than One Way to Skin a Cat
There is more than one way to skin a cat, or, as here, to win an appeal. Some ways of winning an appeal are obvious. Plaintiff wins at trial and that verdict is affirmed on appeal. Plaintiff loses at trial but wins a new trial on appeal. And then there is a third way to […]
If You Have a Choice with Whom or Where You Get Medical Treatment, Be Informed
I represent clients who have sustained injuries in a vast array of circumstances: medical negligent, nursing home neglect, automobile accidents, injuries at job sites, or so many other circumstances. In all, these individuals require evaluation and treatment by medical professionals. We have learned to trust what these medical professionals do “must” be right just because […]
NJ Supreme Court Rules Delegation Clause in Arbitration Agreement Unenforceable
This morning the New Jersey Supreme Court issued its opinion in Morgan v. Sanford Brown Institute and found that the arbitration agreement, which Defendants claimed waived students’ rights to challenge any portion of the agreement in court, was unenforceable. The Locks Law Firm appeared as amicus curiae on behalf of the New Jersey Association for […]