Monthly Archives: August 2006

Vindication! Coffee may be a health food

One of my long-term habits may be at least partially vindicated.  An article in today’s New York Times suggests that coffee may be beneficial for health.  Researchers have found strong evidence that coffee substantially reduces the risk of diabetes, heart disease and cirrhosis of the liver.
Larger quantities of coffee seem to be especially helpful … Continue Reading

New study focuses on hazards from truck drivers with sleep apnea or who get less than 5 hours sleep

The latest published study on truck driver fatigue hazards, conducted by researchers at the University of Pennsylvania School of Medicine, was published in todays’ issue (8/15/06) of the American Journal of Respiratory and Critical Care Medicine.  Dr. Allan Pack who headed the study said the tired truck drivers had impaired performance similar to … Continue Reading

Jury question whether driver was in course and scope of employment

Occasionally we encounter situations where a corporate defendant claims that the employee who was driving the business’s truck was on some personal mission, and therefore not in the course and scope of employment.  It is always important to develop the evidence of business related purposes that are somehow related to the trip, as well as … Continue Reading

Bankruptcy filing destroys unlisted tort claim

It’s old news to personal injury litigation specialists but often a surprise to others that, under Georgia law, filing a bankruptcy petition without disclosing the existence of a personal injury claim may bar the injury claim.  It’s called the rule of judicial estoppel, and the consequences can be extremely harsh. The courts have softened the … Continue Reading

Importance of complete record for appeals

Once again the Georgia Court of Appeals has given the bar an object lesson about the importance of a complete record on appeal.  In Hattaway v. Conner, decided August 8, 2006, the cental issue of the appeal was whether the the trial court was correct in its determination that language in the insurance policy’s … Continue Reading

“Super Lawyer” listing still OK in Georgia

Last month there was a news story about the New Jersey Committee on Attorney Advertising, a panel appointed by the Supreme Court of New Jersey ruling that attorney advertisements that tout listings such as the “Super Lawyers” listings violate professional responsibility rules against ads that compare lawyers’ services or create an “unjustified expectation about results.”  … Continue Reading

New regulatory czar questioned need for Hours of Service rules

On July 31, President Bush announced his intention to nominate Susan Dudley as Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget. Through an obscure executive order which has never been authorized by Congress, all federal regulations deemed economically or otherwise significant, as determined by … Continue Reading

Public hearing on bus safety due to bus fire that killed 23 fleeing Hurricane Rita

Last September in Texas, a bus carrying nursing home residents escaping from Hurricane Rita caught fire and burned, killing 23 passengers.  On August 8 -9 in Washington, sparked into action by this tragedy, the National Transportation Safety Board will hold a public hearing on bus safety.  During the hearing, accident investigators will reveal the … Continue Reading

Buyers’ regrets on Senate Bill 3

When the Georgia General Assembly passed Senate Bill 3 — the "tort reform" conglomeration — in February 2005, most of the legislators hadn’t even read the entire bill, most of its provisions were not discussed in any detail, and hardly anyone understood it. To say it had a lot of poor draftsmanship is an understatement.  … Continue Reading

Driver rehabilitation can restore independence after injury or illness

The current issue of Forbes carries an interesting article on driver rehabilitation after a serious injury or illness. Many people with newfound disabilities, including neurological conditions, heart disease and stroke, are overcoming great obstacles to find ways to get back to driving on the highway.  For the impaired person, the ability to drive symbolizes independence … Continue Reading