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Feb 17, 2017 | Newsletter

Legal Update - Winter 2017

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Dec 12, 2016 | Article

Recent Civil Decisions

Summaries from April to September 2016.

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Featuring: David G. Wirtes Jr.

Dec 12, 2016 | Article

Tips from the Trenches

The Statute § 6-5-551. Complaint to detail circumstances rendering provider liable; discovery.

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Featuring: David G. Wirtes Jr. and Lucy E. Tufts

Nov 28, 2016 | Article

Alabama Medical Records, Part 1

This article addresses five topics: 1. The sources of duties to create and maintain accurate medical records, 2. Accessibility to such records, 3. Discoverability of such records, 4. Admissibility into evidence of such records and 5. Exceptions to discoverability and admissibility.

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Featuring: David G. Wirtes Jr.

Oct 15, 2016 | Newsletter

Legal Update - Fall 2016

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Jul 14, 2016 | Newsletter

Legal Update - Summer 2016

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Jun 16, 2016 | Article

Plaintiff's Burden of Proof Relative to Recovery of Lost Future Earnings & Lost Future Earning Capacity

An article exploring applicable law and plaintiff's burden of proof relative to recovery of lost future earnings and lost future earning capacity.

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Featuring: George M. Dent III and David G. Wirtes Jr.

Apr 1, 2016 | Newsletter

Legal Update - Spring 2016

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Dec 10, 2015 | Newsletter

Legal Update - Winter 2015

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Dec 1, 2015 | Article

Ala. Code § 6-11-20(a)’s Clear and Convincing Evidence Standard Has No Application When Opposing a Motion for Summary Judgment

How often have you read the following in a brief supporting a motion for summary judgment in a fraud or wantonness case? Read More

Featuring: J. Brian Duncan Jr. and David G. Wirtes Jr.

Dec 1, 2015 | Article

Discoverability of De-Identified Patient Records

There are a number of reasons plaintiffs seek discovery of medical records of patients other than themselves, and such other patients' records should be discoverable when relevant so long as personal identification information is dedacted in conformance with Alabama and federal law.

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Featuring: Lucy E. Tufts

Aug 19, 2015 | Newsletter

Legal Update Summer 2015

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Apr 1, 2015 | Article

Overcoming an Assertion of Fifth Amendment Privilege Against Self-Incrimination in Parallel Civil Proceedings

Bud and Allie are returning home from a social engagement when their passenger car is struck broadside by a speeding 18-wheeler. Bud is killed. Allie is injured. Law enforcement conducts a field sobriety test on the truck driver, charges him with DUI, and obtains a blood sample. Upon learning the truck driver also had traces of methamphetamines in his blood at the time of the wreck, the truck driver is indicted for murder.

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Featuring: David G. Wirtes Jr. and Gregory B. Breedlove

Mar 1, 2015 | Article

State-Court Jurisdiction Over Federal Enclaves

An article about the concurrent jurisdiction state and federal courts have over transitory action arising upon federal enclaves. Read More

Featuring: David G. Wirtes Jr.

Feb 5, 2015 | Presentation

Types of Product Liability Claims to Consider

A summary of all facets of Product Liability and aspects to consider when analyzing an incident. Read More

Featuring: Toby D. Brown

Jul 1, 2014 | Article

Exclusive Legislation Does Not Mean Exclusive Jurisdiction - State-Court Jurisdiction Over Civil Actions Arising Upon Federal Enclaves

An article about Federal vs. State powers when dealing with state-court jurisdiction over civil actions arising upon federal enclaves. Read More

Featuring: David G. Wirtes Jr. and George M. Dent III

Oct 1, 2013 | Article

Anatomy of an Alabama Co-employee Willful Misconduct Case for Removal or Failure to Install, Repair, or Maintain a Safety Guard or Device

With this article we examine the anatomy of an action against co-employees for cases in which a safety guard or other similar device is removed from equipment resulting in harm. Read More

Featuring: David G. Wirtes Jr. and George M. Dent III

Dec 1, 2012 | Article

Hospitals', Surgical Centers', and Clinics' Vicarious Liability for Acts and Omissions of Doctors, CRNAs, Physician's Assistants, and Nurses

Who is liable when a patient suffers an adverse medical outcome in a hospital, outpatient surgery center, or clinic? We examine the issues. Read More

Featuring: David G. Wirtes Jr. and George M. Dent III

Nov 30, 2012 | Article

Direct examination - Plaintiff's Perspective

Direct examination is one of the most important, yet least appreciated, aspects of trial. Attorneys often devote substantial time and effort to prepare their opening statements, cross-examinations and closing arguments but spend only minimal time and effort on their direct examinations. However, unless the plaintiff proves the case to the satisfaction of the judge, jury and appellate courts, all the effort is wasted as the case will either be dismissed, lost, or reversed on appeal. This paper will provide some practical suggestions to assist the practitioner in creating and executing effective direct examinations Read More

Featuring: Gregory B. Breedlove

Nov 1, 2012 | Article

The Limited Scope of Contributory Negligence in AEMLD-Crashworthiness Cases

An article that touches on the role of Contributory Negligence in Crashworthiness-Based Product Liability cases. Read More

Featuring: David G. Wirtes Jr., George M. Dent III and Toby D. Brown

Apr 1, 2011 | Article

Suggested Strategies for Defeating Removal to Federal Court When There is Complete Diversity

When litigation is necessary, a plaintiff has the right to choose the forum. As an initial matter, plaintiff's counsel should consider the law and facts of the case and decide whether state or federal jurisdiction is best for the client's cause. Many times, federal court will be a preferable forum. However, for a number of reasons, including litigation expenses, ease of case preparation through formal discovery, avoidance of strict federal court pleading and discovery requirements, avoidance of Daubert requirements regarding expert testimony, and the opportunity for an earlier trial date, state court may be preferable. This article addresses the strategies a litigant can employ to reduce the chance of removal when there is simply no viable local defendant. Read More

Featuring: Gregory B. Breedlove and Lucy E. Tufts

Apr 1, 2011 | Article

Is a Health Care Authority Constitutionally Entitled to Invoke the $100,000 Cap on Liability for a Local Government Entity?

The Health Care Authorities Act of 1982 ("the HCAA) and many public hospitals have been reincorporated pursuant to the provisions of that Act. We examine some of the powers of the HCAA. Read More

Featuring: David G. Wirtes Jr. and George M. Dent III

Dec 1, 2010 | Article

Suggested Strategies for Admission of Other Similar Incident Evidence

This article describes how evidence of other "similar incidents" occurring before or after the incident in question provides compelling evidence of... Read More

Featuring: David G. Wirtes Jr. and George M. Dent III

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