Catastrophic Injury, Wrongful Death and Business Litigation Blog

AAJ Exchange Legal Research Service

jacksonwilson@gmail.com (Mitch Jackson) — 2010-03-17T16:15:00Z

Attention Trial Lawyers!

Are you aware of the great service offered by the AAJ (American Association for Justice)? Because of this service, I was able to recently level the playing field and obtain a $2M judgment against a large firm that seemed to have unlimited resources. I’m so impressed with this service that I thought you might like to add this arrow to your “legal tools” quiver.

The service is called AAJ Exchange Legal Research Service. The fact of the matter is that most of us are short on time and overloaded with research demands. What I really like about this service is that it’s like having a trained associate whose only job is to gather, review, and compile a comprehensive list of on point research that needs to be done on a case.

My understanding is that the AAJ Exchange staff attorneys will conduct a search of all Exchange databases, selected public and private Web sites, and Westlaw for case-specific information.

Results may include:

Verdicts and settlements to assist in case evaluation, mediation, and settlement discussions
Product research
Names and contact information of AAJ members who have handled similar cases
Experts and their contact information
Information on relevant AAJ Education speaker papers and AAJ Exchange depositions, court documents, and trial transcripts

I don’t receive any personal benefits from sharing this service with you. It’s just good a good resource that most of us can use and tap into. You can always call the AAJ for more info at 800-344-3023 ext. 8615. The AAJ main web site is www.justice.org

New Special Report- 10 Things You Must Know and Do to Protect Your Legal Rights After an Accident!

jacksonwilson@gmail.com (Mitch Jackson) — 2010-03-11T19:10:00Z

Click here to read our brand new FREE special report online and right now!

10 Things You Must Know and Do to Protect Your Legal Rights After an Accident!

Health Insurance and Health Care Reform- Why we need it...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-03-11T18:24:00Z

Dear Family, Friends and Clients,

Each and every day we work very hard to do the very best job that we can for our clients. We also try to make smart daily decisions that will help our family, community and country.

We would never support a new law or regulation that would harm Americans. We would never stand up and share opinions about something if we didn’t truly believe it was in everyone’s benefit to do so.

We are lawyers and we deal with insurance companies on a daily basis. The system is broken and the insurance companies are taking advantage of it by wrongfully denying coverage or claims while at the same time, recording record profits.

Click here to read the rest of this article...

___________________________________________________

It's time to stop insurance companies from jacking up rates, dropping coverage when folks need it the most, and discriminating against people with pre-existing conditions.

What Exactly is an "AV" Rating?

jacksonwilson@gmail.com (Mitch Jackson) — 2010-03-04T10:00:00Z

In this video, Mr. Jackson explains what an "AV" rating is and why your attorney should have one...

How To Do a Background Check on Your Lawyer- Video...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-03-03T18:37:00Z

It's important to know as much as you can about the attorney you hire. In this video, Mr. Jackson gives you four good ways to easily and quickly do a background check on your lawyer...

We are the new slaves, enslaved by the Corporate King...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-26T00:49:00Z

From Gerry Spence’s blog, “We are the new slaves, enslaved by the Corporate King. The king disguises itself as our democratic government. But it lies to us and betrays us. The king owns our minds.We are the new slaves, enslaved by the king’s propaganda and lies. We are told we are free. But money controls all, and the people have little. The money I speak of buys elections and lying politicians who are the minions of the Corporate King…”

http://gerryspence.wordpress.com/

Arbitrary "Time" Trial Orders

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-25T18:47:00Z

Arbitrary "Time" Trial Orders

A Los Angeles attorney recently contacted me about a pre-trial order requiring her to try the plaintiff’s portion of two combined and complicated civil rights cases consisting of both state and federal claims, in 19 hours. The issue is up on appeal.

What a ridiculous, unfair, unnecessary, and arbitrary order by the trial judge.

The fact of the matter is that in many cases, it can take a year or longer to get to trial. The parties to a case are required to invest their time and lives in protecting their respective rights. In fact, in one of my cases last year, it took almost 5 years of litigation before we were able to finally be assigned a courtroom to start trial. After all the time and effort it takes to reach trial, shouldn’t the plaintiff and defendant each have the right to have their cases properly and completely heard before a jury of their peers?

I guess the bottom line is that a trial is everyone’s last opportunity to seek justice. It’s a civilized way for Americans to resolve important disputes and to protect their civil rights.

Random time limits, for any reason, have no place in a court of law. Do you agree or disagree that each case is different and that the parties and their lawyers should be allowed a reasonable time to select a jury and present their evidence and cases?

For more on consumers and trial, visit our Facebook Trial Tips Fan Page at: http://bit.ly/TLT-Fan

Also visit our main site at www.JacksonWilson.com

Why We Need Trial Lawyers

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-24T20:50:00Z

FEBRUARY 23, 2010, 6:40 P.M. ET

Why We Need Trial Lawyers

Toyota is only the latest example of lethal defects gone unaddressed by

regulators. By Mark Robinson and Kevin Calcagnie

[as printed in today's Wall Street Journal]

The alleged need for "tort reform" has become a refrain in American

political life. Yet for all the demonizing of trial lawyers, the

reality is that product-liability litigation has become an ever more

important means of keeping consumers safe.

Case in point: the current Toyota Motor Corp. recalls, with their

attendant revelations of corporate obfuscation. This is only the most

recent situation in which lethal defects have gone uncorrected for

years at least in part because of insufficient government oversight.

In model after model, as we've now learned, car owner complaints were

either minimized or ignored altogether by Toyota and by the regulatory

agencies that were supposed to police the company. In one review of

federal records, the Los Angeles Times found 2,600 complaints of sudden

acceleration from 2000 to 2010 by Toyota and Lexus owners. And

according to CBS, recently released internal company documents indicate

that as far back as 2005 Toyota was tracing its sudden acceleration

problem to its software—not to floor mats.

Yet for nearly a decade, neither Toyota nor federal regulators

aggressively addressed the problem. Toyota is now likely to face a

rising tide of class action lawsuits as consumers look to their

historic fallback: the courts.

Regulation is crucial to the creation of a level playing field for

consumers, particularly in this era of growing corporate power. But

regulation alone has never been enough. Federal agencies such as the

Food and Drug Administration (FDA), the Consumer Product Safety

Commission and the National Highway Traffic Safety Administration have

long been swamped by large work loads. And lobbyists are adept at

weakening and fending off regulations.

The laissez-faire policies of the Bush administration only further

weakened regulatory agencies by cutting funding and personnel, since

such agencies were viewed as an impediment to private-sector growth.

Government watchdogs soon found themselves so overwhelmed and

undermanned that they could scarcely do their jobs.

Consider the FDA. By the mid-2000s, the FDA's caseload extended to more

than 11,000 existing drugs, some 100 new drugs a year, and a breadth of

products from food to vaccines to medical devices that comprise

approximately 25% of all consumer spending.

Resources were stretched so thin that a 2006 report on drug safety by

the Institute of Medicine of the National Academies found that the FDA

simply couldn't ensure the safety of new prescription drugs. The

reasons given? Inadequate funds, cultural and structural problems, and

"unclear and insufficient regulatory authorities."

The FDA is just one example. Until April 2009, federal motor vehicle

safety standards were so weak that many vehicles could comply and still

sustain severe roof collapse from a force equivalent to a 5 mph parking

lot collision. Similarly, drivers and passengers are far too frequently

ejected in rear-end collisions because the minimum standard for

automobile seatback strength is so low that many folding lawn chairs

can pass the test.

The recession threatens to further starve the agencies responsible for

consumer safety, even as the tough economic climate subjects

manufacturers to brutal competition and discourages them from investing

in product safety on their own.

As a result, consumers are increasingly left with the courts not only

to compensate them when the regulatory system fails to protect them,

but also to deter manufacturers from cutting corners in the future.

Product liability lawsuits have played a crucial role in ensuring

public safety, encouraging—and sometimes compelling—manufacturers to

put safety first. A 1988 survey of 264 CEOS of manufacturing companies

found that a third had improved their product lines as a result of the

threat of litigation, 35% had improved product safety, and 47% had

improved warnings to consumers.

At the same time, such lawsuits have provided important assistance to

agencies overseeing product safety. Litigation involving defective

products has increased access by regulators and the public to critical

safety information about particular products. This has resulted in

stronger regulations, safer new products, and the removal of dangerous

products from the market. Just last year, in Wyeth v. Levine, the

Supreme Court noted that state tort suits "can serve as a catalyst" for

regulatory action.

Litigation has not only advanced public safety, but has encouraged

improvement in products almost too numerous to mention: air bags, seat

belts, child safety seats, tires, minivan doors, hot water vaporizers,

children's pajamas, farm machinery, firearms, building materials,

tobacco products, intra-uterine contraceptive devices, tampons,

sleeping pills, anti-depressants, pain medication, appetite

suppressants and many more. Toyota is just another sign of how much

work remains to be done.

Strong product liability laws remain vital to public health and safety—

no matter how passionate the political debate on tort reform.

Mr. Robinson, managing partner at Robinson, Calcagnie & Robinson in

Newport Beach, Calif., has represented plaintiffs in the Ford Pinto,

Vioxx, major tobacco and other cases. Mr. Calcagnie is a senior partner

at the firm.

The Three Cs of a Good Witness

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-24T19:40:00Z

Always prepare your witnesses for cross-examination. Remind them that if the other attorney causes them to get angry or mad, the other side will have won the battle.

If you're a party or witness in an upcoming trial, you need to know and understand this information.

To read this interesting post and to learn more proven trial techniques, visit www.TrialLawyerTips.com

Anthem Blue Cross- State Regulator Finds More Than 700 Violations

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-24T10:00:00Z

Anthem Blue Cross- State Regulator Finds More Than 700 Violations.

California's insurance regulator said Monday his office has found more than 700 violations by the state's largest for-profit health insurer, including late payment of claims, giving misleading information to consumers and failing to cooperate with regulators.

Make sure your insurance company is putting your best interest before its own.

http://www.huffingtonpost.com/2010/02/22/anthem-blue-cross-state-r_n_472011.html

What Are Contingent Fees and Why are They Good for Consumers?

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-23T23:49:00Z

What Are ContingentFees and Why are They Good for Consumers?

A contingent fee is a fee for services provided where thefee is only payable if there is a favorable result. The law defines a contingent fee as "afee charged for a lawyer's services only if the lawsuit is successful or isfavorably settled out of court...contingent fees are usually calculated as apercentage of the client's net recovery."

For many injured consumers, the contingent fee is their keyto the courthouse. It makes it easierfor people to protect and pursue their civil rights—especially in personalinjury and wrongful death cases. If theright attorney is selected, a contingent fee is an excellent way to hire one ofthe best lawyers in your state without having to pay his or her up front retaineror hourly fee. Truly a win-win for theconsumer.

Because of the high risk involved, few attorneys will takecases on a contingency basis unless they feel the case has good merit. And when you think about it, that makesperfectly good sense.

The Contingent FeeStructure- A client is not chargedattorney fees if he or she loses the case. If the client recovers damages fromsettlement or a favorable verdict, the attorney receives a previously agreed tofee from the recovery. The attorney'spermitted fee varies depending on the country, and even local jurisdictions.The percentage allowed is subject to the ethical rules of professional conduct,and in many circumstances, statutory limitations. Depending on the age of the client and typeof case, this range is normally someplace between 25% to 40% in the State ofCalifornia.

The Advantages of a Contingent Fee Structure- A contingency fee arrangement provides accessto the courts for those who cannot afford to pay the attorneys fees and costsof civil litigation. Contingency fees also provide a powerful motivation to theattorney to work diligently on the client's case. In other types of litigationwhere clients pay the attorney by the hour for their time, it makes littleeconomic difference to the attorney whether the client has a successful outcometo the litigation. Finally, because lawyers assume the financial risk oflitigation, the number of speculative or unmeritorious cases may be reduced.

In the United States, contingency fees are the standard inpersonal injury cases and are less common in other types of litigation. Most jurisdictions in the United Statesprohibit working for a contingent fee in family law or criminal cases, as madeclear in Rule 1.5(d) of the Model Rules of Professional Conduct of the AmericanBar Association.

It’s interesting to note that in addition to the UnitedStates, contingent fees are also allowed in many other countries such asAustralia,Brazil, Canada, the Dominican Republic, France, Greece, Ireland,Japan, New Zealand, the United Kingdom and the United States.

Watch the video and more info at http://jacksonwilson.law.officelive.com/ContingentFees.aspx

Don't Be a Bunny Rabbit in a Cage with a Full Grown Mountain Lion

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-23T10:00:00Z

Claims adjusters received hundreds, and sometimes thousands of hours of training about how to best negotiate claims. They are trained to minimize the amount of money they pay out on claims and are taught how to maximize the profits their insurance companies earn each year.

In this video, Senior Partner, Mitch Jackson, shares his thoughts about why trying to handle your own claim is like putting a baby bunny rabbit in a cage with a hungry full grown mountain lion. The outcome is going to be obvious.

You must have an experienced lawyer help you with your personal injury or wrongful death claim negotiations. More info at www.JacksonWilson.com or call 1-800-661-7044.

Drug Avandia linked to tens of thousands of heart attacks

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-22T04:30:00Z

The diabetes drug Avandia is linked with tens of thousands of heart attacks, and drugmaker GlaxoSmithKline knew of the risks for years but worked to keep them from the public, according to a Senate committee report released Saturday.

This information would not be coming out if it were not for the American Trial Lawyers. See more at www.JacksonWilson.com and the complete article at http://www.cnn.com/2010/HEALTH/02/20/avandia.study/index.html?hpt=Mid

9 Critically Important Things We Tell Every New Client- Follow this advice to protect your legal interest!

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-12T17:38:00Z

When a new client retains our firm, we review and then send them out the door with a list of 9 things they need to understand and do to protect their legal rights. This video by Senior Partner, Mitch Jackson, explains these 9 things to you.

Watch, learn, and apply these tips to your legal matter. It will help your lawyer protect your legal rights. Feel free to contact us with any questions. Call 1-800-661-7044 or go to www.JacksonWilson.com

What's My Case Worth?

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-10T22:13:00Z

Find out what your case is worth!

FREE service from Jackson & Wilson, Inc. allows you to find out what your personal injury or wrongful death case is worth. To find out what your case is worth, please click here...

Judges- Don't Place Artificial Time Limits on Voir Dire and Opening Statements...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-08T05:32:00Z

Thomas Jefferson once wrote in a letter that trial by jury is "the only anchor ever yet imagined by man by which a government can be held to the principles of its constitution...."

Powerful words that define the balance of powers in this country. An important equalizing concept that for the past 30 years, some judges have allowed to erode away because of congested courtrooms and fiscal concerns.

Well, I'm tired of judges who artificially place time limits on voir dire and opening statements. I'm also fed up with judges telling counsel before a trial starts how many days the court is going to "allow" for jury trial.

If you're a trial lawyer, you need to feel the same way. If you haven't already taken action, then you need to start doing something about it right away!

Isn't the point of our justice system to get to the truth? A tool or process intended to be equally available to all of us whether we're rich or poor, black or white, brown or purple or, a combination thereof?

For many, trial by jury is someone's last chance and opportunity to right a wrong? A civilized way to level the playing field allowing a single citizen to hold another person, corporation or government accountable for their wrongs.

As trial lawyers, we need to let judges know that our clients have been harmed and have been forced to endure years of time and expense and, in many cases, a great deal of stress and sacrifice, to finally get their day in court. Judges need to be reminded that there is nothing wrong with lawyers conducting voir dire at a pace that the lawyer feels is necessary and proper, under the law and rules of court, so that a fair and impartial jury can be impaneled in your case.

When a judge tells you he will only allow two hours to conduct voir dire, you need to ask that judge, on the record, what goal is being achieve by artificially limiting the time for voir dire? Who's best interest is being served? How is this fair to your client who has waited years to have his case finally go to trial before a jury of his peers?

Lawyers should also be allowed to spend as much time as they feel they need to give their opening statement to the jury. In my opinion, randomly limiting a lawyer's opening statement to 30 or 45 minutes is tantamount to a judge standing up and shouting out to the world, "I don't care what this case is about, how many witnesses will be called or, how important it is to the parties or society as a whole". Explain to me any other reasonable interpretation of such a random order.

Look, crowded courts shouldn't diminish the civil, criminal and constitutional rights every individual is suppose to have in the United States of America. The lack of public funds should not result in the rights of American citizens being minimized or otherwise stepped on inside the courtroom doors.

While it's true that a judge and jury can potentially have all of the power the law bestows, without all the facts and without a full and complete intelligent process, neither a judge or jury can deliver justice. Because of this, when it comes to our legal rights and civil liberties, we all need to stand up and make sure the judges do their job and enforce the Constitution.

We also need to make sure that judges who are appointed or elected to the bench continue to place the rights of citizens ahead of the court's "schedule" or artificially self-imposed time restrictions to voir dire, opening statements and length of jury trials.

Original article found at www.TrialLawyerTips.com

California Consumer Attorneys- Watch This Video!

jacksonwilson@gmail.com (Mitch Jackson) — 2010-02-04T16:40:00Z

Important information for all California Consumers...

Do Not Give Recorded Statements to Insurance Companies...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-01-29T05:24:00Z

Don't Do the Asshole Dance with Opposing Counsel!

jacksonwilson@gmail.com (Mitch Jackson) — 2010-01-25T10:00:00Z

Don't Do the Asshole Dance with Opposing Counsel!

Today I took an incoming phone call from an attorney who turned out to be a real "tool". A young, inexperienced lawyer fresh out of law school who, in some type of misguided effort, was trying make a “tough guy” initial impression.

It didn’t work. Whether he ever figures it out or not, all he really did was guarantee that I am going to politely and thoroughly kick his butt at trial. Period. End of story.

Which got me to thinking...

[ to read the rest of this delightful article, visit our Trial Tips Blog at http://bit.ly/asshole-dance ]

Six Things You Can Do To Avoid Being in an Accident...

jacksonwilson@gmail.com (Mitch Jackson) — 2010-01-22T10:00:00Z

Six Things You Can Do To Avoid Being in an Accident...