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E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

H.R. 1215: Lawmakers looking out for citizens will vote NO

When you read what I just read, you will have to ask yourself: why is my legislator in favor of House Resolution 1215 (HR 1215)?...more

HR 1215 — Taking Rights Away from Americans

The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land. This is a really bad law that takes away rights of Americans....more

Growing Older — Safety Resources & Information

Children and the elderly are most often hurt in avoidable accidents in and around the home. The US Consumer Product Safety Commission (CPSC) reports that about 1.4 million Americans age 65 years and older are treated in...more

Are there any friendly skies out there? — Man dragged down the aisle

Do you remember the good ol’ days of flying when there was a semblance of regulation over the airline industry? Customer service back then was a reality. Seating space fit for humans actually existed on planes. There...more

Why Should Class Action Matter to You?

According to a bill pending in the House of representatives, class actions are bad for you and multi-district litigation is not your friend. HR 985 is an example of our legislators acting out of complete ignorance or an...more

Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Popularity of Vapes Draws Attention of Big Tobacco

Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

Deceptive Marketing — Is Coca-Cola taking a page book from the tobacco industry?

Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them. A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand...more

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Breaches of Mobile-Banking Apps — What can you do?

American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software...more

When Natural Just Ain’t — Post Cereal Trying to Redefine “Natural”

What’s in a name? According to a trio of plaintiffs who in June 2016 sued cereal maker Post, a lot more than Shakespeare’s Juliet would have Romeo believe....more

American Spirit Cigarettes — Reduced Risk Marketing Pitch

I want “all natural” in everything I consume. Why? Because it is better for you. Right? What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more

8/18/2016  /  Advertising , All Natural , Marketing , Tobacco

Stop Selling Vehicles with Recalled Airbags!!

Report calls for a stop to death and injuries — 11 deaths and over 100 injuries - The “largest and most complex safety recall in U.S. history,” according to the National Highway Traffic Safety Administration, took...more

Takata Airbag Recall Balloons — 7 Automakers Join List

NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ - The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more

Be Safe This Summer: Stay Bicycle-Smart

Bicycling is a breeze. Wind in your hair, sun on your shoulders, therapy for your mind and exercise for your body. Whether you pedal along the beach, around a lake or in a park, your summertime ritual surely will be fun....more

6/24/2016  /  Bike Accidents , NHTSA

Rental Car Act of 2015 Championed by Grieving Mother

Twelve years have passed since two 20-something sisters died in a rented PT Cruiser that had an open recall for a defective power-steering hose. At the time, the Budgets, Enterprises and Hertzes of the United States were not...more

E-Discovery — Are custodial collections none of your business?

The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most...more

Aspiring Young Musician Tragically Injured by Flying Road Debris

You have seen it. You have dodged it and… You have been nearly injured by it. Dangerous road debris on I95 and other major roadways. It is dangerous to drivers and as 22-year-old Holden Armory has learned the...more

Statute of Limitations — Protected Information in Florida Medical Malpractice

Recently, the Second District Court of Appeals decided the case of Gina Marie Bove, as Personal Representative of the Estate of Anthony Bove, deceased v Naples HMA, LLC d/b/a Physicians Regional Medical Center-Pine Ridge;...more

Testing for Junk Science in the Discovery Process

What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping...more

Driverless Vehicles — A new driving frontier

Just imagine the courtroom scene… The negligent party is in the courtroom being examined by plaintiff’s counsel...more

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