Tires manufactured in China and sold in the U.S. under brand names Westlake, Compass, Telluride and YKS have been ordered recalled due to life threatening defects. My bet is that no one will ever be able to hold anyone financially responsible, and certainly not in Georgia. The problem is compounded by the inability to enforce…
Continue reading ›The U. S. Supreme Court has decided to hear a case concerning the scope of federal regulations preempting higher standards under state health, safety and tort laws. Preemption is the principle that a federal law can supersede or supplant any inconsistent state law or regulation. When preemption occurs, state law on a given subject is…
Continue reading ›“Judge” Pearson’s $54 million suit against a Washington dry cleaner for an allegedly lost pair of pants went down in flames today. No damages were awarded to Pearson, and he was ordered to pay the dry cleaner’s court costs. The dry cleaner’s attorney fees will be awarded only if the court determines the claim was…
Continue reading ›All too often lawyers in general practice who occasionally handle a car wreck case — and for that matter lawyers who handle car wreck cases all the time — think they can handle a motor carrier crash because “it’s just a big car wreck.” Until they have spent a year or two screwing up the…
Continue reading ›Two decades ago Alabama adopted the Federal Motor Carrier Safety Regulations for intrastate trucking operations. Last week, the Alabama legislature voted to exempt most farm trucks from the regulations. My friend and co-counsel who is a member of the Alabama legislature voted for it. It’s hardly a shock. Georgia already did that. However, if you…
Continue reading ›Insurance defense lawyers have a tough job when the value of a plaintiff’s case exceeds the amount of liability insurance coverage. The tripartite relationship between insurer, insured and defense counsel is unique in the legal profession, variously described as “deeply and unavoidably vexing” and presenting an ethical dilemma that would “tax Socrates.” See Charles Silver,…
Continue reading ›Here’s another Georgia Rule of Professional Conduct that make need some revision. Our Rule 4.3 differs from the ABA Model Rule 4.3 in ways that are well-intended but have unintended consequences. ABA Model Rule 4.3 provides: In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall…
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