GSA RBR Renovations
U.S. Courthouse, Atlanta

Dax Lopez is a judge of the State Court of DeKalb County, nominated by lame-duck President Obama to fill a vacant seat  on the U.S. District court in Atlanta, as an apparent bipartisan compromise to fill the seat with Republican approval.  Surprisingly for an Obama nominee, Judge Lopez is a conservative Republican, a longtime member of the conservative Federalist Society, and a graduate of the Coverdell Leadership Institute which is  the forerunner of the current Republican Leadership for Georgia program. He was initially appointed as a judge by conservative Republican Governor Sonny

Every few weeks or months, we see news stories about breach of data security in medical centers or health insurance companies. Most people hearing that probably just shrug, figuring it’s not as bad as breach of credit card or other financial data. Earlier this year, for example, Blue Cross Blue Shield of Georgia revealed that as many as 80 million customers of the Anthem Blue Cross had their account information stolen. My family and I were among them.

Most phackereople do not realize that breaches of medical data privacy can be just as expensive as a financial date breach

If you snooze you lose. It is a harsh reality that people who are unaware of the time limits to file suit for a loss may lose all their rights to compensation forever.

clock1Recently, I met with a highly intelligent, well-educated person who completely misunderstood the limitation period. This person thought that the two year statute of limitation for personal injury in Georgia referred only to submitting a claim to an insurance company rather than actually filing suit in court.  Merely talking and negotiating with a claims adjuster does not stop the clock from running. The claims adjuster never would

As past president of the State Bar of Georgia and a seasoned trial lawyer, I’m impressed by the recent string of jury verdicts in Georgia, two of which exceed $70 million. Several of these were won by lawyers who, like me, have attended Gerry Spence Trial Lawyers College programs and closed door, members-only seminars of the AAJ Trucking Litigation Group.

Some of these verdicts will be compromised or cut in post-judgment motions and appeals, and some will be simply uncollectable. Prudent lawyers know that there is no appeal from a settlement, and big verdicts usually result from someone guessing wrong

At least once a month for years, we have gotten calls from someone complaining about malfunction of an airbag in a motor vehicle collision. Usually it is a matter of an airbag not deploying in a situation in which it was never designed to deploy.

Most front airbags are designed to deploy in a direct frontal impact, and side air bags are generally designed to deploy in direct side impact. There are variations between models as to whether an oblique angle impact would cause an airbag to deploy, but generally a sideswipe collision will not activate an airbag.

Moreover, most

As our mornings turn cooler and trees change from green to yellow and orange, memories of the sights, smells and pleasures of autumns past come flooding back.

Memories of sights, colors and smells can stir our emotions and a deep, instinctive level.

When I see trees changing colors and the first frost on a meadow, I go back in time to autumns in the forests and fields of Lookout Mountain where we lived and Shinbone Valley where I went to school as a child.

The smells of new mown grass, burning leaves and hot cider stir memories of playing pickup

Most folks think of creativity in terms of art and music. But creativity is important to breaking new ground in any field.

Ancient people viewed creativity solely as divine inspiration. That is still as important as ever. But by modern times creativity was viewed as a form of human intelligence that bridges the gap between routine productive talent and the vision to develop something new.

Creativity requires the ability to approach problems with both solid knowledge and a fresh eye, combining old principles in new ways. Creativity can be highly productive if it is accompanied by hard work and perseverance.

In June, a Wal-Mart truck driver who had been awake 24 hours caused a deadly pileup in New Jersey. The Wal-Mart truck driver’s Twitter profile included the phrase, “move or get hit.”

Since that crash, most of the attention has been centered on comedian Tracy Morgan because he is most well-known. However he is not the only one that was affected by the incident.

The adult children of James McNair, killed in the June crash in Cranbury that injured comedian Tracy Morgan and others, are moving forward with their suit against Wal-Mart and its truck driver. Wal-Mart owned

Several times recently, I have written about the projected inflation adjustment to minimum liability insurance coverage for interstate commercial vehicles. The process continues.

A few days ago, the Federal Motor Carrier Safety Administration issued a 14-page Report to Congress, concluding the following:

1.    Current limits are inadequate in covering catastrophic crashes.

2.    Simply adjusting existing limits to adjust for healthcare inflation would require raising limits:

  • a.    From the current $750,000 to $3,188,250 for general tractor-trailers, rather than the $4.2 million that was discussed for inflation adjustment since the $750,000 minimum was first set in 1980.
  • b.    From the current $1

Trucking has inherent dangers, both for other motorists hit by big trucks and for truck drivers who are underpaid and underinsured for their labor in one of the most dangerous of occupations. More truckers and delivery men, die on the job than any other vocation, according to the Bureau of Labor Statistics.

The current proposal to adjust trucking liability insurance requirements for three decades of inflation should be expanded to include mandatory uninsured / underinsured motorist coverage to protect truck drivers, many of whom are independent contractors who lack even the most basic workers compensation protection.

I have represented