Boteler, Finley & Wolfe, Attorneys at Law

Alabama's Need for a New Constitution

2012-01-23T12:15:00.000-08:00

The following article is from Karlos Finley who currently serves on the Board for Alabama Citizens for Constitutional Reform

(News from the Constitution Revision Commission)
It's hard to find any reasonable person who'll make a serious defense of Alabama's decrepit Constitution. It's the longest in the world, it has been amended more than 850 times, it centers most all the power in the state in special-interest-controlled Montgomery and binds local governments.

For some time, The Alabama Citizens for Constitutional Reform has lobbied for some action, any action, to bring the state’s complex, cumbersome Constitution under control. Their preferred method to do so is a popularly elected constitutional convention. This was how the 1901 Constitution was created in the first place. Opponents of this plan claimed an election would lead to special interests taking over the convention and, thus, writing the new constitution. But it should be noted that it was not so much fear that special interests would dominate the convention. Instead, it was fear by some special interests that interests other than their own would prevail. That gets us to the first fundamental point about constitutional reform that we must understand. The state Constitution protects a wide range of special interests, so it stands to reason that special interests from agriculture to education would be wary of changes they could not control. Those changes would be in the state’s antiquated, inadequate and regressive system of raising revenue. Propertied interests would not want changes in the way the state taxes property. Education interests would not want changes in the way revenue is divided.
Enter the state Legislature and the 16-member Constitutional Revision (not reform) Commission.

And, to make sure the commission does not tamper with what is really wrong with the Constitution, tax reform is off the table. So, why bother? Because there is more wrong with the Constitution than taxes. Although business groups, like other special interests, opposed a constitutional convention, they also understood that matters such as local control and decentralization needed to be addressed. So they threw their support behind the commission plan that is in place today. Despite the limitations placed on it, the Constitutional Revision Commission is a step in the right direction. The commission will rewrite 11 of the constitution's 18 articles to put before the Legislature and voters. It leaves untouched the taxation article, which includes limits born of the 1901 convention that keeps a lid on property taxes. Those provisions contribute mightily to Alabama having one of the nation's most unjust tax systems.
Federal Judge Lynwood Smith wrote in his 854-page ruling that Alabama's property tax system does not violate the U.S. Constitution, however Smith practically begs for a federal lawsuit that challenges the validity of the Alabama Constitution because, as has been well-documented, supporters stole the referendum that approved it. The 1901 Constitution is the state's fundamental charter, "only through fraud, ballot theft, economic and physical intimidation and unmitigated corruption," Smith wrote.

In an October Revision Commission meeting Mobile Republican Sen. Ben Brooks, a commission member, wondered whether Jefferson County could have avoided its crisis with "more liberal home rules," the ability of Alabama cities and counties to have limited autonomy to pass laws without needing the approval of the Legislature. Sonny Brasfield, Executive Director of the Association of County Commissions of Alabama, told him the fight over the county's occupational tax showed how hard it is for counties to solve problems on their own. "I think that if the Jefferson County Commission had more authority, they wouldn't have to be up here seeking an answer to the problem," Brasfield said. Some, including lawmakers, have portrayed Jefferson County as a poster child for why counties don't need any more power. The way the constitution reads currently, we can't amend local laws once they get advertised.. We can't debate a bill, find a middle ground, and can't improve it as the legislative process goes along. Brasfield said the system fosters horrible local laws. Jefferson County found out the hard way what happens when the Legislature bucks the process. In 2009, lawmakers passed a new county occupational tax to replace one that courts had ruled invalid. But it, too, was struck down because lawmakers changed the bill from what had been advertised. Finding a better way for local elected officials to make local decisions... not arguing over taxing authority, should be the focus of the revision commission's work, Brasfield said. "I don't want us to get distracted from reaching the conclusion we need, which is change," he said. The local government and its voters would decide which option for change they prefer. What shouldn't be an option is the current silliness. Argue, if you will, that Jefferson County having mucked up so badly makes it the perfect case against home rule. But fixing that mess is the perfect case for it. As Commissioner Brasfield points out, "Does it make sense that the Alabama Legislature has to be called into special session to deal with Jefferson County's financial problems? Should senators have to come from Mobile and Huntsville to Montgomery to work on a solution for Jefferson County?

Alabama's Constitution Revision Commission met Wednesday, January 18, 2012 for the last time before the 2012 legislative session to discuss home rule; while proposals were discussed to give local governments new powers. Brasfield presented the commission with five recommendations for county government. Craig Baab, a senior fellow with Alabama Appleseed, proposed giving counties limited home rule, with an option for counties to opt out or to repeal it. Baab said the centralized government created by the 1901 constitution "doesn't serve the people well." Any changes proposed by the commission would be submitted to the Legislature in the form of constitutional amendments. Should the Legislature approve the changes, the amendments would be submitted to voters for approval.

The proposals, however, drew strong criticism from several people who spoke at the meeting. Supporters of home rule were equally adamant that zoning power would allow counties to guide their development and protect property owners from potentially ruinous neighbors. The commission is reviewing 11 of the 16 articles of Alabama's 1901 Constitution. The commission will not address Article XI, which addresses taxation. The commission late last year approved changes to remove the racist language and changes to the banking and corporations articles. The Legislature should consider those proposals during the next regular session.

AVVO.com is the Best Online Attorney Directory

2012-01-21T07:48:00.000-08:00

The cyber geeks at NetNews have rated AVVO.com as the best online attorney locating service. (See article below.) All three attorneys at BF&W have the highest rating possible from AVVO.com. It's a great site for legal consumers. www.avvo.com

AVVO.COM: Best Online Attorney Locating Service
NetNews.Net - December 1, 2011
-NetNews.Net © In the fast paced world of internet searching, one of the most congested search areas for internet users is in the area of locating a lawyer. The world wide web has done a wonderful job of bringing lawyers and lawyer locating services to our finger tips, but maybe, just maybe it’s brought consumers too much information.

A simple non-scientific review of internet searches for attorney locating services brings forth listings of well over 1,000 such services not to mention hundreds of paid ads flopped and pixelated throughout the pages. Add to this confusion the fact that many of the attorney directories on the internet and/or attorney locating services require the attorney to "buy-in" to receive a favorable listing or ranking and you begin to see the internet consumers dilemma when searching for an attorney.

But fear not, your friends at NetNews.Net have searched, reviewed and analyzed these digital repositories of legal service providers, a/k/a shark holding pens, and found that one of these services rises above the rest and warrants our designation as: The Best Online Attorney Locating Service. Obviously if you read the headline you know we are giving this distinguished designation to AVVO.com. Before making the points that led to this conclusion, readers should know two important facts: One, our research is non-scientific but all attempts have been made to analyze and review the online attorney locating services from the perspective of the reasonable internet user who brings forth his or her common sense when searching the internet for information. Two, AVVO.com has paid us to write this review. Not true but it was too easy of a joke to drop in. We have not been paid for this review and as with all reviews, we are simply trying to aid and assist our cyber-peers.

OK, with all joking and tongue-in-cheek commentary aside, why is AVVO.com the best online attorney locating service currently on the internet? Simple, besides offering an ability to "locate" an attorney it combines what we consider the three best qualities of these type services into one web site. These three quality factors are 1) Ratings, 2) Reviews and 3) Q&A Forum. Too many of the online directories we reviewed had none of these quality features. Many others were obviously "buy-in" sites with limited listings and information and featuring only those attorneys who paid for their exclusive listing. We liken these type buy-in sites to your late night sleazy Personal Injury TV ads .... we give these type sites high marks under the "ambulance chasing" category. Several of the other sites we reviewed had one or two of what we considered as the quality factors and they make our "Honorable Mention" roll below. AVVO.com, nor any of the other "Honorable Mention" services, require an attorney to pay to be listed. The listing is free; however, many offer upgraded listings or services for the attorney for a price. However, very important for us in our review was the fact that the listing, and in the case of AVVO.com, the rating, is free. So let’s now review all three quality factors offered by AVVO.com in a little more detail.

Ratings: Attorneys are assigned a rating by AVVO.com on a scale of 1-10. Ten being the "Superb" and the highest level. Their web site does not disclose specifically how it calculates the attorney ratings that are assigned but it does indicate career accomplishments by the lawyer such as legal publications, speaking engagements and affiliations with professional organizations are factors in the rating process. The other factor in the ratings that we like, is that AVVO.com tells you if the lawyer has ever had any disciplinary action brought against him or her by a Bar Association. Not only do we think this is important information for consumers, but we applaud AVVO.com as being the only online directory we reviewed that had the guts to post this information. Very big kudos and big khonies. Finally, AVVO.com reports that peer endorsements (see discussion below) do not factor into the rating they assign an attorney. Quite honestly, we have a hard time buying this since we all know about the "good-ol’ boy network in the legal fraternity. I.e, "you say I’m a great lawyer and I’ll say you’re a great lawyer even though were both really worthless piles of cow dung and the public will never be the wiser." Despite our suspicions on this point, we’ll take their word on this point and give them credit for not allowing an attorney to up his or her rating by having all of his or her peers provide glowing endorsements.

Peer & Client Reviews: As mentioned the AVVO.com site allows for clients and peers to review and comment on the lawyers skills and services. Client reviews through out the various attorney profiles we reviewed often appeared forced or fake, maybe we’re just cynical but the fact that the site allows former clients a place to comment on the attorney’s services is a plus. The peer endorsements from other attorneys is a nice feature but we are skeptical about compliments about legal skills published by other attorneys. It’s akin to a conversation among sharks: "Hey your teeth look extra sharp and dangerous today. Why thank you. Your teeth are looking exceptionally vicious as well." Again a few other online attorney locating services allow for these type peer and client reviews and these features are certainly a positive However, within this category we also include reviews and comments made in response to an attorneys participation in the Questions and Answers forum of the web site. When an attorney responds to a posted question it becomes part of the attorney’s profile. The person who submitted the question has an opportunity to review and rate the response and add commentary. By reviewing the attorney’s responses to questions, you are able to glean more insight into the attorney. You can also see if others thought the attorney offered helpful or meaningful information in his or her response. If you’re going to have to hire an attorney, don’t you want one that is going to help fix whatever legal mess you’ve found yourself in? We think being able to access and review the attorneys responses to questions may be more beneficial than the client and peer reviews.

Questions & Answers: As just mentioned besides offering a process to locate an attorney in your area for a specific type legal question or problem and offering a rating service for the attorney, the site also has a very easy functioning Q&A Forum. To use the forum you have to register as a user and establish a password but it is free. Once you’ve done this then just fire away with your legal question. Questions stay open for about a week and you get an e-mail notification when an attorney has responded to your question. It’s free. The site has parameters and warnings about reliance on free legal advice but it also offers tips on how to ask or word questions.

In our opinion, this third feature is what makes AVVO.com the overall best online attorney locating service.

In conclusion if you want to use the internet to help address a legal issue and/or locate an attorney, we recommend AVVO.com. In our opinion it is by far the best and most comprehensive and user friendly online attorney directory on the internet.

Five Important Things to Know About an Insurance Claim in Alabama

2011-10-25T12:56:00.000-07:00

[The following material is an excerpt from our recently published Guide for Insurance Claims. Download the entire guide at no charge at: http://www.bfw-lawyers.com/pdfs/Guide-for-Insurance-Claims.pdf]

1. Burden of Proof: The first and most important thing to remember about any insurance claim is that the person or business making the claim (the claimant) carries the burden of proof related to that claim. The person who is handling the claim on behalf of the insurance company (the adjuster) does not have to “disprove” the legitimacy of the claim. The adjusters job is simply to determine if the claimant has presented adequate proof of a covered loss with proper supporting documents or material to pay the benefits being claimed. It is important to understand and realize, the adjuster has an obligation to the insurance company to only pay benefits that are legally owed under the policy. The claim files of adjusters are periodically audited to make sure they are not paying more benefits than required by the terms of the policies and that claims are properly documented before making a payment. In some instances, insurance companies even pay bonuses to adjusters and/or agents based upon claim pay-outs, or more specifically, the lack thereof.

2. Adversarial Process: As nice and friendly as you think the insurance company will be to you in the claims process; understand, Alabama law defines the insurance claim process as an “adversarial proceeding.” This does not necessarily mean the insurance company is going to be mean and nasty to you during the claim process, rather it simply means you have to recognize that your objectives and the insurance company’s objectives are not the same when it comes to an insurance claim. You would prefer they pay the claim and they would prefer not to pay the claim. Because the claim process is defined by law as an adversarial process, insurance companies are granted a certain amount of latitude in how they handle and adjust an insurance claim, even if it works to the detriment of the claimant. Specifically: 1) there is no obligation for an adjuster to “help” you better present your claim, 2) the adjuster does not have any obligation to tell you about critical time lines or time limitations related to your claim, 3) the adjuster does not have to tell you about other possible coverages available to you for the loss, and 4) the adjuster often can not give you advice or suggestions on how to best coordinate multiple coverages related to a loss. Simply put, because it is an adversarial process, you can not expect the insurance company to tell you how to effectively and timely present your claim or provide you with any helpful information . Because this process is considered “adversarial” a claimant does not have a right to justifiably rely on anything an adjuster says about the terms and conditions of the policy and/or the merits of the claim! [See, Apkan v. Farmers Insurance Exchange, Inc. 961 So.2d 865 (Ala. Civ. App. 2007): Insurance adjuster has no duty to help or assist claimant. In fact, adjuster’s duty is to protect the insurance company. Southern Bakeries Inc. v. Knipp, 852 So. 2d 712 (Ala. 2002): If a party owes no legal duty of disclosure to another, then material facts can be suppressed with out recourse for failure to disclose.]

3. No Reliance on Agent’s Oral Representations: As difficult as this is for most of us to believe, Alabama law has held that insurance customers do not have a right to justifiably rely on an oral representation made to them by the agent concerning the terms or conditions of the policy. This means if the agent tells you some event or loss will be a “covered loss” and the policy says it is not, the policy language will control and the loss may not be covered despite what the agent may have said. See Foremost Insurance Company v. Parham, 693 So.2d 409 (Ala.1997).

4. Clauses and Exclusions: Another legal reality that insurance customers have a hard time accepting is that Alabama law considers insurance policies to be “mutual contracts.” See Wolfe v. ALFA, 880 So. 2d 1163, 1169 (Ala Civ App 2003). What this means is our laws consider the customer and the insurance company to be “equals” in the negotiating process. Because of this legal concept (some call it a legal fairy tale) unfavorable and/or sometimes down right unconscionable clauses that work against the claimant are upheld on the basis that the customer got what he or she “bargained for” when “negotiating” for the purchase of the policy. Some of these type detrimental clauses include “commercial” arbitration clauses, forum and venue selection clauses, appeal protocol and procedure clauses, strict compliance clauses, cooperation clauses, indemnity clauses and many more often buried in the fine print of the policy. This also means well crafted exclusions for covered losses can be included, and upheld as valid, under the guise of a “negotiated” contract. One outrageous example of this is an exclusion for property damage losses currently found in some Alabama issued policies. It is an exclusion for “a loss to a covered property caused, or contributed to, by negligent construction.”

5. Notification of Claim: No matter what type of claim is being presented, it is always the responsibility of the insured individual and/or business and/or claimant to properly notify the insurance company of the claim or even the potential claim. All insurance policies have guidelines and procedures for notification of a claim and/or a “covered loss.” If these procedures are not followed, they can provide the insurance company with a legally recognized excuse to not pay the claim. Upon being notified of a claim or of a potential claim, many insurance companies will send out “claim forms” to the claimant. If the company does not provide “claim forms” it would be wise to verify the notice of claim in writing to verify that “timely notice” of the claim has been provided.

Loser Pays: A commentary by Mark Wolfe

2011-10-13T15:58:00.000-07:00

The Alabama legislature is considering passing a law that will require the loser in all civil actions to pay the other side's attorney fees. (SB 1 126852-1). I am an attorney who handles civil litigation claims for individuals and small businesses against insurance companies. I am also a small business owner who pays my fair share in taxes and insurance premiums. Maybe to the surprise of many, I have been a proponent of a loser pay concept for many years. We win many more cases than we lose and conceptually many of my clients would benefit from such a law. Such a law would also make it much more economical for many of my clients with smaller claims or cases to pursue the matter through Court if they could recover the attorney fees. For example, day in and day out I have insurance adjusters say something like, "Well yes Mark, the property damage claim is probably really worth $15,000 but your client will have to pay you and the expenses of Court, so we’re only going to offer $9,000." This common occurrence economically forces many insurance claimants to have to settle for less than they truly deserve because the attorney fees and court costs to battle the insurance company will financially eviscerate their victory. For this reason, I think a well conceived loser pay bill could be beneficial for individuals and small businesses in Alabama.

However, the current proposed bill as has too many problems and issues. As the bill is currently written, it will not achieve its desired effect to curtail frivolous lawsuits, but rather I believe it will result in even more litigation and further burden our all ready strained judicial system. However, before addressing why I think that will happen, I want to point out that we already have several laws in place that help prevent frivolous litigation in Alabama. Alabama Rule of Civil Procedure 11 allows for sanctions and the award of attorney fees for pleadings or motions filed without "good ground[s] to support it." Alabama Rule of Civil procedure 37(a)(1)(4) and 37(c) provide an avenue to recover expenses and attorney fees to parties for the opposition’s inappropriate pleadings or motions. Alabama Rule of Civil Procedure 68 allows a party to a civil lawsuit to shift the costs of litigation to the opposing party via a pleading known as an Offer of Judgment. In addition, to help curb frivolous medical malpractice actions we have Ala Code § 6-5-551, which is specifically intended to thwart the filing of an unsubstantiated medical malpractice case. We also have in place various evidentiary laws that make it difficult, if not impossible, to file a frivolous products liability lawsuit. So we do already have in place laws and procedures to prevent frivolous lawsuits. The other thing to keep in mind is that most civil cases end up in Court because there is a legitimate dispute between the parties that requires the assistance of a jury to resolve. In our office it is very rare for us to just "up and file a lawsuit" without at least exploring and discussing a pre-litigation resolution. However, sometimes parties have a differing view of "facts." Or, in a contract dispute matter or a case involving insurance polices, the parties have a differing view of the legal application of sometimes very complex terms to a particular fact situation. (Have you tried to read a copy of any of your insurance policies!) For example, in a homeowner claim, the insurance company may believe the "mold" pre-dated a water leak and therefore they believe the claim is excluded under the "mold exclusion" portion of the policy. The homeowner may believe the mold is a result of a water leak and therefore it should be covered. I.e, a legitimate dispute that may need the help of a jury to resolve. If a case is a "close call" do we really want to penalize the loser? What do you think will happen to our insurance premiums if insurance companies lose too many cases and have to pay attorney fees in all those cases?

The current proposed "Loser Pay" bill as written is too broad and open to way too many subsequent secondary issues that will simply create too many secondary issues which will require protracted litigation. Also, it will lend itself to some very outrageous and unfair results. The current bill reads in part as follows: [I]n all civil actions, the court shall award attorney’s fees as a part of the cost to the prevailing party; and to provide that a prevailing party may bring an action against another party for abuse of process arising in any part on the same facts in the action in which the attorney’s fees were awarded; however, the prevailing party may not recover the same attorney’s fees twice." OK, this sounds and easy on a first read, but let’s look at this closely. What does it mean by "prevailing party?" Are we simply looking at "winning or losing?" (Emphasis added) If so, how are we going to define a win or a loss? I sue a deadbeat Dad for a client for back child support claiming he owes $4,750 in back child support, at the trial he produces a check receipt for a $250.00 payment that my client either didn’t receive or forgot she received. The judge enters an award for my client in the amount of $4,500.00. Who has "prevailed?" If we go by a simple "win or loss" scenario then my client "won." But deadbeat Dad’s attorney will say no he "prevailed" because we did not "win" everything that was claimed. Now we have lawyers fighting over their fees and we all can imagine how litigious that situation may be. An attorney for a landlord goes to an eviction hearing but forgets to bring a properly authenticated lease for admission into evidence at the trial. Case dismissed with leave to re-file. Can the tenet’s attorney now recover attorney fees against the landlord because she "prevailed." What if the tenet’s lawyer was a quasi-government attorney provided free through Legal Services Corporation? A garnishment action is a "civil action." Will companies who are trying to secure a judgment repayment through a garnishment action now have to pay if the subject debtor of the garnishment action is no longer an employee of the garnishee? The dispute scenarios surrounding just the "prevailing party" language in this proposed bill are endless. Every dispute will require further litigation ad nauseam as attorneys argue about who really prevailed in a civil action.

Now let’s look at "attorney’s fees." Note this bill does not say "reasonable attorney’s fees" rather just "attorney’s fees." What if my fee contract for my client on an insurance claim is based upon a contingency fee? We win, should the other side now have to pay the full amount of my contingency fee? I guarantee the first time the insurance company has to pay the other side’s attorney the full amount of the contingency fee they are going to screaming bloody murder. OK., let’s say we agree to a "reasonable attorney fee standard." Now we’re going to have all kinds of disputes as to "what is a reasonable fee" for the legal services provided? If I’m the attorney for the "prevailing party" you darn well know I’m going to be arguing that my fees were reasonable while the attorney for the opponent is going to be screaming that my fees were outrageous and unconscionable! Here we go, more disputes more protracted litigation.

Now let’s add one more layer of complexity to this issue. Let’s suppose we can come to some meaningful and workable concepts regarding "prevailing party" and "attorney’s fees." What happens to the rules and laws mentioned above that we already have in place to stop and prohibit frivolous lawsuits and that already exist to help shift the burden of litigation costs in favor of the prevailing party? If I’m the attorney who has lost and the other side did not utilize or avail themselves of those other rules, I’m now going to be arguing that my client should not to have pay the full measure of the claimed legal fees from the other side because they could have mitigated there fees by using those other rules. More complexities, more issues and more litigation.

Finally, this proposal as written will immediately result in an untold number of lawsuits being filed that may not need to be filed. As mentioned above, in almost all civil matters lawyers try to resolve a matter with the other party before filing a lawsuit. We tell all of our clients, that lawsuits are like surgery, you really don’t want to do it unless it’s absolutely necessary. The simple fact is a fair pre-litigation resolution of a civil matter is in everyone’s best interest. The proposed bill says, "This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law." Again, very poorly written and conceived. I assume that it would not apply to those civil cases already pending but only those civil lawsuits filed after the law is enacted. To try and have it apply to those cases already pending would open up all kinds of legal challenges to its validity because it would just not be fair or constitutional, to change the rules "in the middle of the game." So here I am as an attorney with hundreds of claims pending for insurance claimants or businesses that we are trying to resolve without need of litigation and now I’m told this law will be effective three months after enacted. Based upon 24 years of experience I know the vast majority of these matters will resolve without having to file a lawsuit, but now with the "Loser Pay" staring my clients in the face, I’m going to have to move these claims into litigation in advance of the "Loser Pay" deadline. I’m just one attorney, can you imagine the nightmare for our Court system if 10,000 lawyers have to do the same thing. In a three month period, our Courts could be swamped with well over 100,000 lawsuits! The majority of which may never have needed to be filed but for the enactment of this law.

In closing, let me again say, conceptually I am not opposed to a "loser pay" law. Other States have adopted this concept but have taken the time to work through the myriad of secondary issues discussed above. It is clear that the intent of this lawsuit is to stop frivolous lawsuits and that is a good goal. But has anyone asked the Judges in our State Courts if we have a real problem in this State with frivolous lawsuits? I think their answer would be "no" because we already have in place effective rules and regulations to deter the filing of frivolous lawsuits. So if we don’t have a problem with frivolous lawsuits, then why is our legislature in such a rush to pound us with a poorly conceived and unworkable law? Let’s take a deep breath and really think about how we can enact a truly meaningful "Loser Pay" law that does not end up punishing those who need our Courts for the resolution of legitimate dispute.

Mark Wolfe, Advocate for Insurance Claimants

mark@bfw-lawyers.com

Ten Tips for Locating Life Insurance Policies

2011-10-10T03:37:00.000-07:00

TEN TIPS FOR LOCATING LIFE INSURANCE POLICIES & BENEFITS
by Mark Wolfe, Attorney at Law and Advocate for Insurance Claimants
mark@bfw-lawyers.com

Locating Additional Policies. It’s a fact, many life insurance benefits go unclaimed because beneficiaries do not realize a policy exists. Below are some tips for locating additional life insurance policies.

1. Review the decedent’s check book or bank statements looking for premium payments to a life insurance company.

2. Review the decedent’s tax returns for the last several years to see if interest or cash dividends from a life insurance policy were listed. There should be a corresponding 1099-INT from the life insurance company. These payments will be reported directly on form 1040, 1040A and 1040EZ or on Schedule B if an itemized tax return was filed.

3. Contact the decedent’s employer and/or former employers to see if any type of life insurance was offered through the company’s group benefit programs and if the decedent purchased a life insurance policy or was provided a life insurance policy through employment.

4. Review all disability policies for the decedent to see if death benefits are also provided.

5. Review any known life insurance policy to see if additional benefits such as double indemnity for accidental death may apply.

6. Check with the decedent’s auto insurance company or homeowner insurance company. Many of these companies will also offer life insurance policies for their customers.

7. Check with the decedent’s bank or financial institutions to see if life insurance benefits or policies were offered in connection with a checking or savings account or in connection with a brokerage account.

8. If the decedent’s death was accidental and in conjunction with travel or a trip, check with the credit card company to see if it offered accidental death benefits for travel or trips paid for with the credit card.

9. Check with any Union, Trade Organization or Professional Association the decedent may have belonged to to see if they offered life insurance benefits to members and if the decedent had purchased a policy through the organization.

10. Use a policy search internet site. There are several internet sites that, for a fee, offer to search for life insurance policies.

Life Insurance Claims: Important Information for Beneficiaries and Claimants

2011-08-09T07:43:00.000-07:00

IMPORTANT INFORMATION ABOUT LIFE INSURANCE CLAIMS©
By: Mark Wolfe, Attorney at Law
Mobile, Alabama
mark@bfw-lawyers.com

While most of us hope that a life insurance claim arising from the death of a loved one will be a simple and hassle free process, the fact is many life insurance claims are initially denied. These denials can be for many reasons. Some times the reasons for such a denial are legitimate, but many times they are wrong. In fact many insurance industry experts say that up to 40% of life insurance claim denials are done so wrongly.

This article will help you with some basic information about life insurance claims and locating policies. Then the article reviews common reasons why life insurance claims are initially denied and concludes with important information for claimants if the claim is denied.

I. LIFE INSURANCE CLAIMS & LOCATING OTHER POLICIES

Notify the Company of the Claim. While this is a very basic step it can be a little difficult if the policy is older. Mergers and acquisitions of life insurance companies can make locating the correct successor or remainder company a little difficult. However, internet searches can usually help you quickly identify the correct company name and location for claim notification. Also, many life insurance agents or attorneys who handle life insurance claims have this information available or access to the correct resources to help identify where and how the claim should be submitted.

What You Need to Do. Once you’ve contacted the company you must complete the claim form. Many of these claim forms can now be downloaded from the company’s web site. At the very least you will have to submit a copy of the death certificate and the company may require additional records related to the claim. Always reference the claim number or policy number (or both) on all documents or material submitted. Until the claim is paid in full: Keep copies of all correspondence and documents sent to the life insurance company. Keep all letters and material sent from the life insurance company. If a claim is denied, make sure you understand and comply with the requirements for an appeal. (IMPORTANT: Please make sure to read more about appealing a denial below.) Why are so many life insurance claims denied? Most life insurance claims adjusters recognize that many life insurance claimants do not question or challenge a denial of life insurance benefits. This means that if there is a “close call” on whether or not benefits should be paid, they automatically opt for denial first in hopes the claimants will just “go away.”

Locating Additional Policies. It’s a fact, many life insurance benefits go unclaimed because beneficiaries do not realize a policy exists. Below are some tips for locating additional life insurance policies.

1. Review the decedent’s check book or bank statements looking for premium payments,

2. Review the decedent’s tax returns for the last several years to see if interest or cash dividends from a life insurance policy were listed. There should be a corresponding 1099-INT from the life insurance company. These payments will be reported directly on form 1040, 1040A and 1040EZ or on Schedule B if an itemized tax return was filed,

3. Contact the decedent’s employer and/or former employers to see if any type of life insurance was offered through the company’s benefit plan program and if the decedent purchased a life insurance policy or was provided a life insurance policy through employment,

4. Review all disability policies for the decedent to see if death benefits are also provided,

5. Review any known life insurance policy to see if additional benefits such as double indemnity for accidental death may apply.

6. Check with the decedent’s auto insurance company or homeowner insurance company. Many of these companies will also offer life insurance policies for their customers.

II. DENIAL OF BENEFITS AND APPEALS

Standard life insurance claim denials. Many times if a basic life insurance claim is denied, it is done so based upon a process known as “retroactive underwriting.” This is a claim investigation technique that allows the insurance company to more fully and completely examine the deceased’s prior medical history. These prior medical records are reviewed thoroughly to see if the deceased left out or failed to disclose a pre-existing medical condition when completing the life insurance application. This “failure to disclose” is then used as grounds to deny the life insurance benefits. However, most claimants are not aware that such a denial must have materially effected the underwriting risk associated with issuing the policy. Simply put, the company must be able to legitimately argue that “but for” the undisclosed prior medical condition, the policy would not have been issued or the rates for the policy would have been significantly different. The issue of “material risk” is a complex issue that is often legally debatable.

Accidental death or double indemnity benefits. Some companies issue stand alone accidental death life insurance policies or some standard life insurance policies have a “double indemnity clause” which pays twice the face value of the policy if the death is caused by an accident. Yet the policy language concerning the term “accidental death” is often drafted so vaguely that it gives the company lots of “wiggle” room to initially deny accidental death benefits. Terms like “sole and only proximate cause of death”often involve complex medical and legal analysis but give the company a very legalistic sounding excuse not to pay.

BEFORE YOU FILE AN APPEAL OF A DENIAL. If you have questions about the denial of any life insurance benefits, make sure you fully understand your rights and obligations under the policy. Most life insurance policies allow claimants to file an appeal of the decision to deny benefits. Yet many times claimants are unaware of the potential consequences of simply “appealing” the denial. Generally, once a company has denied the life insurance claim, the claimant has the burden of identifying specific reasons for the appeal and providing supporting documents or records to support the appeal. If the life insurance policy in question has been provided through the decedent’s employment or through a group, the failure to comply with the appeal requirements can be extremely detrimental. In one recent example a Federal Court determined that the claimant’s failure to submit any “new evidence” during the appeal process provided for in the plan, precluded the claimant from presenting that new evidence at trial. [See Hancock v. MetLife, 590 F.3d 1141 (10th Circuit 2009).]

NOTE: If the claim is denied consider consulting immediately with an experienced life insurance claims attorney in your State. Note: Most attorneys who handle life insurance claims for beneficiaries do not charge for a consultation and work on a contingency fee (no benefits = no fees). Also, many times an experienced attorney can help resolve a denied claim before having to resort to filing a lawsuit.

III. CONCLUSION

While life insurance claims should be simple and easy, they can often times become arduous and legally complex. The simple fact is insurance companies do not like to pay claims and have tremendous resources to fight claims. With many claimants of life insurance benefits in a state of grief and mourning, the insurance company knows it has the upper hand and this often results in the wrongful denial of life insurance benefits. If you believe your claim for life insurance benefits has been wrongfully denied, please consider consulting with an experienced attorney who knows and understands this area of the law.

Note from the author: If you are reviewing this publication or link during a time of loss, please accept my condolences and sympathy for your loss. I pray that you find comfort and understanding for your loss and that the passage of time will replace the sorrow of your loss with the joy and blessing of the memories of moments shared. - Mark

BF&W Attorneys Rated Highest

2011-08-03T15:26:00.000-07:00

The on-line attorney rating service AVVO.com recently rated the attorneys at Boteler, Finley & Wolfe as the highest rated local attorneys in the Mobile area for motor vehicle collision claims and cases. AVVO.com rates attorneys based upon a number of criteria including case results, peer endorsements, professional services and legal publications. "I think the fact that all three attorneys from our office received a 'superb' rating from AVVO reflects our true commitment to doing our best for our clients," said Mark Wolfe. A superb rating is the highet available from the site. You can find out about each attorneys rating by following these links: Mark Wolfe, Knox Boteler and Karlos Finley. AVVO rates attorneys on a scale from one to ten and to be considered for the superb classification an attorney's rating must be 9.0 or higher.

In addition to ranking attorneys for consumers, the AVVO.com site allows consumers to post questions for attorneys to answer and has numerous legal guides written by attorneys.

Don't Wait Until the Last Minute to Consult an Attorney

2011-07-12T14:23:00.000-07:00

INJURY VICTIMS WHO WAIT TOO LONG CAN FIND IT DIFFICULT TO HIRE AN ATTORNEY. Alabama law generally has a two-year statute of limitations for auto-negligence claims. There are exceptions to this general rule of law, including if the victim is a minor or if the at-fault driver was in the line and scope of employment for a city or county agency. [To preserve the two-year stature of limitations against a city or county agency, the victim must notify the agency of the claim within a prescribed time period.] At BF&W we have recently seen an increase in the number of people who are trying to handle their personal injury claim without an attorney and then call for a quick consult shortly before the statute of limitations expires. The following two examples show why waiting too long to consult an attorney can be detrimental for an injury victim.

A woman from Texas called our office with her statute of limitations about to expire in a week. She was involved in an accident on I-10 while traveling through Mobile and she had been trying to handle the claim herself without hiring an attorney. The insurance company had finally made her a settlement offer about a week before her statute of limitations would run but it was a lot lower than she expected. She was calling to find out if the offer was “fair” and if to see if she could hire our firm to file suit on her behalf. She consulted with Knox Boteler by phone and he explained that while the settlement offer was probably lower than the true value of her claim, there was not enough time to make a fair evaluation of her claim before the statute of limitations expired. Knox also explained to her that it was not fair of her to expect BF&W, or any attorney or law firm, to file suit on a case that they had not been given adequate time to investigate or evaluate for purposes of litigation, especially when there was a pending settlement offer.

In another similar situation, BF&W received an e-mail request through our web site where a local man asked us to tell him whether the insurance company’s settlement offer for his auto-negligence claim was “fair”. His statute of limitations was set to expire within two and half weeks. The information he provided indicated the accident aggravated a pre-existing condition. It was determined that a fair evaluation of his claim would require a review of previous medical records as well as current medical records and there was not enough time to collect and evaluate those records before his statute of limitations expired. Once again, it was suspected that the offer was lower than the true value of the claim, but without adequate time to investigate BF&W was not be able to assist him.

The proper evaluation of a personal injury claim involves a detailed factual review of the accident, which may include witness interviews and interviews with the investigating officer. It also includes a detailed review of the medical records and narrative reports of treating healthcare providers. It may also require the review of past medical conditions if there is an aggravation of a pre-existing condition and it requires the review and analysis of any other additional aggravating or mitigating circumstances related to the accident and/or injury. Finally, the claim is analyzed based upon the legal venue that has jurisdiction of the claim. With this information, an experienced auto-negligence attorney can then begin establishing a Probable Verdict Range (PVR) for that particular claim or case. It is important for victims to remember that if the claim cannot settle then the “value” of the claim will be determined by a jury’s verdict within the jurisdiction of the claim or case. The PVR becomes the benchmark to determine whether a settlement offer on a claim is fair.

Even if there is an “offer on the table” before consulting with an attorney, if the attorney is provided adequate time to investigate the claim there may be a variety of benefits the attorney can bring forth for the claimant. At BF&W we know many people are reluctant to consult with an attorney about a personal injury claim because they don’t want to appear greedy. We also know insurance adjusters are trained with tactics to discourage claimants from consulting with an attorney. Yet in both cases detailed above, we believe we could have provided a significant benefit for both of those victims had they just consulted with our office in a timely manner. If you have an ongoing personal injury claim please consider consulting with an experienced auto-negligence attorney as soon as possible and no later than several months before the statute of limitations expires.

Reporter John Stossel = Hypocrite

2011-06-17T05:26:00.000-07:00

Reporter John Stossel is a $400,000.00 hypocrite. He never misses an opportunity to bash Trial Lawyers and our civil justice system. Recently he stated, "for every one person a lawyer helps, thousands are hurt." Yet he himself was the beneficiary of a civil lawsuit against a professional wrestler who slapped Stossel twice in the course of an aggressive "Geraldo" style interview. Reports indicate his civil lawsuit was settled with him receiving a $400,000.00 settlement. For more on this story and to see the interview where Stossel got slappped, click here.

Last year we reported on the US Chamber of Commerce's aggressive use of the civil justice system to press their advantage, yet all the while screaming about "tort reform" and "frivilous" lawsuits. In past editions of Legally Speaking we have reported on a number of hypocritical situations where outspoken critics of Trial Lawyers and our civil justice system have brought a myriad of lawsuits and claims against others.

It's easy for reporters and politicians to rant and rave against Trial Lawyers and our civil justice system so as to revoke the rights of ordinary people....that's freedom of speech. Yet when these same critics use the civil justice system to their own advantage...well I guess that's just freedom of hypocrisy.

Summer Safe Driving Tips

2011-05-22T11:15:00.000-07:00

July and August are the two worst months of the year for motor vehicle collisions. Many of these collisions can be avoided. Please keep in mind the following safe driving tips during the summer months.

Watch out for children: When driving in neighborhoods and especially when backing your vehicle.

Check brakes, headlights and brake lights, signals, tires, oil and other fluids before starting any long trip.

Plan your trip in advance using maps and/or online mapping services.

Be patient and follow and obey the rules of the road.

Be a defensive driver and a cooperative driver with others on the roadway.

Use caution around 18-wheelers and remember to avoid their blind spots.

Limit cell phone use while driving and DO NOT TRY TO TEXT AND DRIVE!

Turn on headlights in rain or bad weather.

STAY FOCUSED ON YOUR DRIVING. Avoid or limit in car distractions.

USE SEATBELTS and make sure car seats and booster seats for children are installed properly and used while the vehicle is operating.

Have a safe and enjoyable summer. Drive carefully!

REMINDER FOR TEEN DRIVERS

2011-05-06T06:10:00.000-07:00

JUST A REMINDER: May is National Youth Traffic Safety Month.

The National Organization for Youth Safety (NOYS) is reminding parents and teens that May is National Youth Traffic Safety Month. NOYS encourages and promotes youth led safe driving initiatives in high schools through out the United States. This year over $100,000 in funds are available from NOYS to support safe driving programs and projects for youth. If you have teenage drivers in your household, we hope you will take a moment in the next few days to remind them about the importance of safe driving.

Why Our Cars Are Safer

2011-04-18T15:31:00.000-07:00

Below is an op-ed piece from the Washington Post written by Alabama lawyer, Gibson Vance. Mr. Vance is the President of the American Association for Justice.

How our cars got safer

By Gibson Vance April 16, 2011

Traffic deaths in the United States have dropped to their lowest level since 1949, according to a report released this month by the National Highway Traffic Safety Administration (NHTSA). Remarkably, this drop occurred even as Americans drove 21 billion more miles in 2010 than they had the previous year. The drop in fatalities is due in large part to the fact that cars are getting safer. Since the introduction of the Ford Pinto nearly four decades ago — a car synonymous with danger, destruction and executives putting profits ahead of consumer safety — amazing advancements have been made in auto safety. The technology is better, regulations are stronger and buyers have more information. Not surprisingly, consumers are drawn to cars with the latest safety features. Yet these factors alone do not tell the whole story. History shows that litigation and the civil justice system have served as the most consistent and powerful forces in heightening safety standards, revealing previously concealed defects and regulatory weaknesses and deterring manufacturers from cutting corners on safety for the goal of greater profits. The Ford Pinto litigation sent a strong message to the auto industry. Unfortunately, manufacturers have still sold dangerous cars. In June 2004, a Dallas-area mother stopped her Ford F-150 truck to speak with her husband through the driver’s side window. Her 3-year-old daughter leaned out the passenger’s side window and accidentally hit the rocker switch, causing the window to close on her neck. When her parents noticed moments later, it was too late — their daughter was strangled. As power windows became more common, so too did instances of children being strangled. Seven children died within a three-month period in 2004. Manufacturers were aware of the issue, and the fix was relatively simple and inexpensive. In response to regulations in other countries, European and Asian cars already used a safer switch — one that must be pulled up to raise a window — and so did many U.S. manufacturers on cars they offered to foreign markets. Yet incredibly, U.S. manufacturers did not install the safer switches on domestic cars because NHTSA had no rules governing power-window safety. Litigation eventually forced universal acceptance of the safer switches in 2006. It is easy to take for granted just how much safer vehicles have become and how safety measures have been standardized. For years, the auto industry has worked to undermine regulations and limit its liability by pushing for complete immunity from lawsuits when their vehicles comply with minimum federal safety standards. This would, in short, be devastating for consumers. Recall that the Pinto’s design met all government standards of the time. Had compliance with federal standards been a complete defense of vehicle safety, Ford could not have been held accountable for the many burn victims that the company was later shown to have anticipated. Put another way, without the civil justice system, gas tanks would still explode in rear-end collisions, seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed. There are multiple reasons behind the welcome news that traffic deaths continue to decline. But the role of the civil justice system is often overlooked. Litigation has spurred safety innovations in vehicles for more than half a century and will continue to be essential in keeping Americans safe and holding manufacturers accountable.

Time for "Bill of Rights" for Insurance Claimants

2011-02-14T09:45:00.000-08:00

On Sunday, February 13, Mark Wolfe of Boteler & Wolfe had an article published in the editorial section of the Mobile Press Register. As a special editor to the Press Register, Wolfe pointed out that the frustrations now faced by BP Oil Spill claimants are the same frustrations faced by thousands of Alabama citizens each year when they attempt to resolve insurance claims. His article advocated for a "Bill of Rights" for insurance claimants that would specifically outline the claim procedure and protocol an insurance company will use in reviewing and evaluating an insurance claim in our State. To read the full story, click here.

Commentary on the Right to Trial By Jury

2011-01-21T12:58:00.000-08:00

The following is a post from a Michigan resident concerning the right to trial by jury and accountability. The post came after a local Michigan paper ran an article about an ongoing trial by a personal injury victim who was seriously injured in a motor vehicle collision. The article generated a lot of comments, many of them negative about injury victims and their attorneys prosecuting an injury claim through Court.

“…independent treating doctors saying this poor person is permanently disabled, and insurance company doctors who miraculously find nothing and blame everything on something completely unrelated. Surprise, surprise. The point is only the jury hearing the evidence knows what the true facts are. But one thing we all should defend as Americans is the right to trial by jury, and if indeed this woman has suffered serious injury through the fault of another, and her right to life and pursuit of happiness has been reduced as a result, then it is not only fair but essential that an American jury who hears all the evidence return a verdict that encompasses the full measure of her damages and losses. That is what the founding fathers envisioned in the Bill of Rights, that is what my Republican party always stood for - individual liberty and the right to trial by jury - before it was taken over by insurance companies and big business. This jury is performing an essential American function, and holding someone who has presumably caused great harm responsible and accountable. I fail to see how throwing out emotional charged and frankly insulting language about ambulance chasers or diminishing a person’s worth or liberty is responsible. A person who has wronged another should pay the full measure of the damages they have caused. That is what we teach our children, that is what the founding fathers to this country envisioned by protecting our freedom and liberty in the Bill of Rights. Throwing out stupid or insulting names diminishes us all.”

Commentary from MCW: If someone takes money from you, you have a right to seek redress through the Courts to recover what was taken from you. Personal injury victims who have been carelessly or recklessly injured by someone should have the same right to recover their damages in Court. The fact is most of the time when people have to resort to a lawsuit to recover their damages, it is because an insurance company has made a decision to offer less than is truly owed on the claim. Many times these offers are so low they do not even cover the incurred medical bills and lost wages. This leaves victims with two choices: Suffer a financial loss due to someone elses irresponsible behavior or seek full compensation through the Court system. For those that don't believe in lawsuits, lend me $100 and I'll promise to pay you back that amount but then when the money is due I'll only offer you $25 to pay you back. If you want the other $75 I "allegedly" owe you, you'll find yourself in the same boat as many injury victims in our State.

OIL SPILL UPDATE

2011-01-12T12:12:00.000-08:00

SUMMARY OF OPTIONS FOR FINAL AND INTERIM PAYMENT CLAIMS

In November, 2010, Ken Feinberg and his administrators with the Gulf Coast Claim Facility (GCCF) established the following procedures for final and interim payment claims. If you need assistance regarding a clam with the GCCF, please contact Knox Boteler or email him at Knox@Botelerwolfe.com.

Final Claim. A final claim seeks to resolve the entire claim with BP and other responsible parties. You will be required to sign a release of liability. Upon executing this release you will not be able to seek further compensation. The GCCF will fully evaluate and determine the final payment claim within 90 days receipt of the “substantiated” claim. Once receiving your final payment offer, it will be valid for 90 days. You may submit a full review final payment claim at anytime prior to the close of the GCCF program on August 22, 2013.

Voluntary Quick Payment Final Claim. The GCCF has establish a “quick payment” of $5,000.00 if you are an individual claimant, or $25,000.00 if you are a business claimant. This “quick payment” is only for those who received an emergency advance payment. This option does not require you to submit any additional supporting documentation. However, you will be required to execute a full and final release just as you would with the full review final payment claim.

Voluntary Interim Payment Claim. If you do not select the quick payment final claim or the full review final payment claim, the GCCF will still allow for submission of an interim payment claim for past losses and damages. You may only submit an interim payment claim once per quarter of each calendar year until August 22, 2013. Within 90 days of receipt of a “substantiated” claim for interim payment, the GCCF will evaluate and review the submitted documentation.

BP Oil Spill Workers Update

As reported in the Fall Newsletter, the firm is active in protecting the rights of those oil workers physically harmed by chemical exposure. Earlier this month, Knox Boteler requested Congressman Jo Bonner’s office assistance in communicating with the National Institute of Environmental Health Services. This federal agency has been appointed to conduct studies on the effects on the oil spill workers. Funding for such a study was provided by BP. While the practices and procedures for this study were implemented in a recent meeting in Tampa Florida, this information has yet to be shared with these affected workers. With the help of Congressman Bonner, the firm is hopeful the deficiencies in this area of support for spill victims can be corrected.

IMPORTANT UPDATE RE: Oil Spill Claims

2010-11-24T12:25:00.000-08:00

The final protocol for claims related to the BP oil spill was released today by the Gulf Coast Claims Facility. Victims will choose one of the two options: 1) accept a final lump sum payment for all present and future damage in exchange for a full and final release surrendering their right to sue or 2) continue receiving quarterly interim payments based upon past damage for the that three months. If the last option is chosen, Feinburg specifically stated, “there is no guarantee that, in the future, a lump sum Final Payment will be as generous as it will be currently.” There will be an non-binding appeals process for those claimants who receive an offer of total compensation in excess of $250,000, but believe it inadequate. All claimants will be able to appeal their GCCF award to the Coast Guard and the Federal Courts. A decision regarding which option to choose should be made on a case by case basis. If you need any assistance regarding which option may be best suited for your personal and/or business claim, please contact Knox Boteler in our office. knox@botelerwolfe.com

Oil Spill Update for Business Owners

2010-11-15T11:41:00.000-08:00

BP Oil Spill/Gulf Coast Claims Facility
update by Knox Boteler, Attorney at Law

By now, many Gulf Coast business owners have proceeded with or contemplated the filing of a claim for loss of business revenue with the Gulf Coast Claims Facility. Though the Feinburg Fund is in its third month of operation and the first of many deadlines are facing claimants later this month, no one is still sure what criteria is being used when administering a claim. While there have been repeated requests by our firm and others for additional information regarding the handling of claims, no response has been provided from the administrators. That said, please consider the following when making a claim against the “responsible parties.” Frankly, there are several pitfalls in the claims process that has not been communicated to the public:

Individuals and businesses may submit a claim for Emergency Advance Payment until November 23, 2010. The evaluation of an Emergency Advance Payment - up to six (6) months of losses - will, supposedly, be reviewed under a less rigorous standard than will be used for the Final Payment claim. Claimants can accept Emergency Advance Payments and reject the final payment if they find it to be unsatisfactory.

The Gulf Coast Claims Facility declared all claimants must apply for final payment of long term damages by August 23, 2013. However, we would encourage everyone to file ninety (90) days before this deadline because of concerns we have with the legal application of the Oil Pollution Act (OPA). Should you wait less than ninety (90) days from the deadline to bring a claim, you may be barred from filing a lawsuit.

Claimants accepting a final payment of long-term damages require the claimant to waive their right to sue BP or any of the parties responsible for the Gulf of Mexico spill.

Geographic proximity to the spill will not in itself prevent a legitimate claim from being processed. When submitting your claim, it may be beneficial for you to include a google earth map showing your business location. Too, it may be of benefit to include in your claim a brief description of your practice and the customers you serve.

At this point, DO NOT FILE FINAL CLAIMS. The claims process for final payments has not yet been established. Those persons and entities that have filed such claims will have no choice but to wait until those parameters have been set.

If your Emergency Advance Payment has been denied, you need to file a final claim before filing a lawsuit. It is not known whether a denial of an Emergency Advance Payment is a “denial” as defined by OPA.

A claim needs to state a specific dollar amount to meet OPA requirements. Also, be sure to include a claim not just for your business losses, but, also, the cost for assessing damages (accountant, appraiser, etc.). In addition, include an amount for PUNITIVE DAMAGES. While Feinburg has repeatedly stated the Fund will not consider punitive damages, it is necessary to include such a damage in order to prevent a waiver of such claim if a lawsuit has to be brought.

We anticipate the expiration of Emergency Advance Payment claims later this month will bring more criticism to the fund. Simply put, the Gulf Coast Claims Facility has only paid out a fraction of what is owed to Alabama businesses. Hopefully, this criticism will be to the benefit of all claimants, and we can write you with information that does not contain loopholes or pitfalls. In the meantime, for those of you that have made or will be making claims, please do not hesitate to contact us with questions regarding the claims process.

Please contact us if you believe you will need assistance in the presentation of your claim or would like further guidance. knox@botelerwolfe.com

US Supreme Court to Hear Important Case for Consumers

2010-11-08T07:55:00.000-08:00

Class action lawsuits allow large groups of consumers to recover damages in legal matters involving smaller claims or cases. Many times the amount in controversy is too small to warrant an individual lawsuit. Such is the situation for Vincent and Liza Conception who caught AT&T overcharging sales tax on their cell phones. The amount of the overcharge was only $30.00 per phone but AT&T was apparently doing this to all its California customers. A class action lawsuit was brought against AT&T in California for all similarly overcharged customers by the Conceptions. However, in the fine print of the Conception's contract was a clause that said they would not bring a deceptive trade practices class action against AT&T and had to make any claim via arbitration. Arbitration is an extremely expensive procedure and it is not a forum that lends itself to small claims or cases.

The Federal Court in California ruled the clause to be void and AT&T has appealled to the US Supreme Court which has agreed to hear the case this week. Legal scholars believe this somewhat unknown and low profile case could be the death of consumer class actions in America if the US Supreme Court rules in favor of AT&T. For more information on this important case please see: AT&T Mobility Services vs. Conception.

If it wrong for a company to deceptively take $3,000,000 from one consumer it should be as equally wrong for them to deceptively take $30 from 100,000 consumers. It is our hope the US Supreme Court will agree with this logic, but we fear a favorable ruling for AT&T will open the door for more large corporations to take advantage of their customers.

Justice for Sale in Alabama?

2010-10-28T17:11:00.000-07:00

With the elections just a few days away, we'd encourage you to visit the web site Justice for Sale that chronicles the influx of large cash contributions to the Alabama Judicial elections via nondescript PAC's. While we continue to push for the non-partisan election of Alabama judges, we also think it's time for Statewide judges in Alabama on the Alabama Court of Civil Appeals, the Alabama Court of Criminal Appeals and the Alabama Supreme Court to be appointed via a non-partisan committee and run for retention as opposed to election. This works well for the majority of other States and we believe such a system would better serve our citizens. However, until that time we must work within the system provided. We our endorsing and encouraging our friends and clients to vote for the following three candidates in the four statewide judicial elections next week:

- Rhonda Chambers, Alabama Supreme Court, Place 1

- Tom Edwards, Alabama Supreme Court, Place 2, and

- Deborah Bell Paseur, Alabama Court of Civil Appeals.

All of three of these candidates are highly qualified to serve the citizens of Alabama and each has received numerous endorsements from various Statewide newspapers and publications. No matter how you plan on voting next Tuesday, we hope you will take the time to cast your vote. The right to vote is an important part of the fabric of our great country and when you vote, you honor all of those people who have sacrificed so much to preserve and protect that right.

US Chamber of Commerce = Hypocrites

2010-10-27T08:57:00.000-07:00

Over the past 15 years the US Chamber of Commerce has been one of the Country's most outspoken critics of the American civil justice system and "trial lawyers." Yet as you can see below from the recently released report from the American Association for Justice, the US Chamber has aggressively used litigation in our civil justice system to promote the interest of big business and insurance companies to the detriment of injury victims and consumers. So, it's OK to file mountains of civil lawsuits for big business and insurance companies but anytime an injury victim or consumer files a lawsuit they are "abusing" our civil justice system? I think if you look up the definition of hypocrite it should say, "see US Chamber of Commerce."

From the AAJ Press Release:
Washington, D.C.—Earlier this month, U.S. Chamber of Commerce President and CEO Tom Donohue called litigation “one of our most powerful tools for making sure that federal agencies follow the law and are held accountable.”
Yet ironically, the Chamber today holds its annual Legal Reform Summit – an event underwritten by its multinational corporate members that promotes undermining the civil justice system to weaken the basic legal protections of American workers and consumers.

The Chamber’s hypocrisy – blocking justice for everyday Americans while using the courts liberally for its own pro-corporate agenda – is the subject of a new report released today by the American Association for Justice (AAJ) that exposes the Chamber as one of the most aggressive litigators in Washington, entering lawsuits at a rate of over twice weekly.

“The Chamber’s ‘one rule for corporations, another rule for everybody else’ motto has come at the expense of ill-treated workers, defrauded investors and injured consumers,” said AAJ President Gibson Vance. “It readily spends millions of dollars to prevent Americans from holding wrongdoers accountable in the courtroom, and then aggressively uses the very same legal system to advance the agenda of its multinational corporate membership.”

In almost every case, the Chamber’s litigation on behalf of corporations has come at the expense of Americans’ health or financial security. The Chamber has: justified the actions of Wall Street banks that drove the country’s economy into turmoil; defended the most conceited and worst behaved CEOs and their most extravagant excesses; tried to force workers, instead of employers, to pay for their own safety equipment; filed numerous actions opposing any move to combat climate change; sought to shield pharmaceutical executives who skirted safety procedures that ultimately killed 11 children; opposed measures allowing workers to receive a rest period during a full work day; fought on behalf of lead paint manufacturers found to have poisoned thousands of children; defended corporations that discriminated on the basis of race and disability; and spent years defending big tobacco, asbestos companies and chemical companies found to have contaminated water and air.

“The Chamber has every right to seek what it believes to be justice in a court of law, even if representing the most deplorable corporate interests,” said Vance. “But it must learn that this right to justice belongs not just to their organization, or big business generally, but to all Americans.”

The report, titled “The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans out of Court,” can be found at www.justice.org/USChamber.

ALLSTATE FINED $10 MILLION FOR CLAIMS HANDLING PROCESS

2010-10-20T04:28:00.000-07:00

Over the last few years many of our clients have heard us complain about insurance companies using Computer Assisted Claim Evaluation Programs when trying to determine the value of a personal injury claim. These programs receive a variety of infomation input by the claims adjuster and then return a "value" for the claim. The most infamous of these type programs is one called "Colossus" used by Allstate. The problem with these programs is that they can be easily mainpulated to make sure the "value" returned for claims in any particular area or region are unfairly low. This forces claimants to have to file lawsuits to secure full compensation or accept the low offer and suffer an economic loss.

On October 18, 2010, the New York State Insurance Department announced that Allstate Insurance Company has agreed to pay a TEN MILLION DOLLAR regulatory settlement concerning its improper use of claims handling software; Colossus. The multi-state investigation was lead by the insurance departments of New York, Florida, Illinois and Iowa and included 41 other States. According the the press release from the NYS Department of Insurance the investigation found "inconsistencies in Allstate's management and oversight of the Colossus software program. In particular, the examination found that Allstate had failed to modify or 'tune' the software in a uniform and consistent manner across its claims handling regions." Press Release.

The Alabama Department of Insurance (ADI) particpated in this investigation and settlement and, according to Ragan Ingram Chief of Staff for ADI, our State will receive $37,749.60 of the $10 million settlement. This situation again exemplifies why our State needs a "Claimants Bill of Rights" to protect individuals from over zealous insurance companies. Click here to see a sample of the Consumer Bill of Rights adopted by the Texas Department of Insurance.

Wolfe Gets Highest AVVO.com Rating

2010-09-07T04:35:00.001-07:00

The internet attorney rating service AVVO.com has given Boteler & Wolfe attorney Mark Wolfe its highest rating. He received a 10.0 rating, which is the highest level available and put him in the "Superb Attorneys" category for the online rating service. Wolfe is only the second personal injury attorney in the Alabama Gulf Coast area to receive a perfect 10.0 rating. In fact he and only four other attorneys in Alabama received a 10.0 rating in the area of car accident claims and litigation and only two other lawyers in Alabama have a 10.0 rating in the area of trucking/18-wheeler collision cases. Review profile. In the past five years, Mark Wolfe has been consistently rated as one of the best personal injury attorneys in Alabama. He has maintained a Martindale-Hubbell AV rating (the highest available) since 2005, in 2008 he was only the second Alabama attorney to qualify for membership in the prestigious Academy of Trial Advocacy (membership limited to 1,000 lawyers worldwide), he has been recognized by the American Trial Lawyers Association as one of the Top 100 trial attorneys in Alabama and he has been included in the most recent edition of SuperLawyers.

August is Dangerous Month for Driving

2010-08-11T00:51:00.000-07:00

Driving a motor vehicle any time can be dangerous, but there are some times that are statistically more dangerous than others. The Insurance Institute for Highway Safety spokesman, Russ Rader recently noted, “getting behind the wheel of a car is the riskiest thing most people do every day.” However, there are certain times driving is riskier than others. The following information is compiled from reports from Forbes.com and WebMD Medical News. Some of this information is common sense, such as driving at night is more dangerous than driving during the day and more crashes occur on the weekend than mid-week. With that said here are some crash facts to keep in mind:

- The National Highway Traffic and Safety Administration reports the most dangerous month to drive is August.

- Saturday is the most dangerous day to drive followed by Friday and Sunday.

- Tuesday and Wednesday are the safest driving days of the week.

- The most dangerous hours to drive on any given day are between 5:00pm and 7:00pm.

- The safest time to drive during the day is between 4:00am and 5:00am.

- July 4th is the most dangerous driving day of the year. Followed by: July 3rd, July 2nd, December 23rd ,January 1st and September 2nd.

- New Year’s Day and Halloween are the most dangerous days for pedestrians, and

- Almost half of all fatal motorcycle crashes occur in June, July and August.

Everytime you get behind the wheel of a car you are at risk. Please be a safe and courteous driver. Please use your seat belt and insist that all occupants in your vehicle use their seat belts and make sure all children are properly restrained.

Are You a Good Driver?

2010-07-23T03:23:00.000-07:00

You’re Probably Not as Good of a Driver as You think You Are.

We certainly don’t want to offend anybody, but four separate studies by the Insurance Institute for Highway Safety, the National Highway Traffic Safety Administration, AAA’s Foundation for Traffic Safety and the University of California at Berkley’s Traffic Safety Center all confirm that most driver’s believe they are “above average” drivers and based upon that belief they rationalize or justify engaging in unsafe driving. The four studies confirm that almost 75% of drivers believe they are safer drivers than other drivers. Yet according to Rae Tyson of NHTSA, 95% of crashes are caused by human error. Tyson states that this over confidence in driving skills is dangerous because a driver’s false since of ability often is used to justify multitasking while driving or to engage in unsafe driving behavior. This observation is confirmed by AAA research. 82% of drivers say distracted driving is a “very serious” problem, but over half of those same drivers admit to using their cell phone regularly while they drive. 14% of those drivers even admitted to reading and sending text messages while driving! According to 75% percent of drivers, speeding is a “very serious” problem yet almost all of these same drivers admit to speeding “a little” most of the time they are driving. 20% admitted to driving at least 15 miles per hour over the speed limit on the highway and 14% admitted to doing the same on neighborhood streets! The next time you get behind the wheel of your car, just remember you may not be quite as good of a driver as you think you are....and the driver’s around you aren’t as good of drivers as they think they are either! Please be a safe and courteous driver.

OIL SPILL UPDATE

2010-05-19T08:57:00.000-07:00

By Knox Boteler, Attorney at Law

As the great oil spill looms off our shoreline, we continue to monitor BP’s handling of the crisis. While BP American CEO Lamar McKay stated his company will pay “all legitimate claims” for economic damages, regardless of the expense, the Oil Pollution Act of 1990 (OPA) passed by Congress after the Exxon Valdez spill caps BP’s exposure to economic damages at $75 million dollars. BP has already admitted this limit will be exceeded by claimants. Within the last several days, bills were introduced in Congress that would increase the $75 million cap. Senator Jeff Sessions (AL) has introduced one of those bills. To date, such attempts appear futile as the bills are facing opposition from big oil supporters.

Boteler & Wolfe is working toward the best solutions for our clients to overcome the caps to recover direct and indirect economic damages. In one case, a class action has been jointly filed with a law firm in Missouri on behalf of landowners in Baldwin County. If the landowners show that BP and other responsible parties have engaged in willful neglect, gross misconduct, or violations of safety rules, the $75 million dollar cap will be defeated. Another alternative for victims to consider is a claims process established by the National Pollution Funds Center (NPFC). The NPFC is responsible for the administration of claims funded by the Oil Spill Liability Trust Fund (OSLTF). This fund allows for the payment of up to $1 billion toward economic damages. Potential claimants that can utilize this process include individuals, corporations, local governments, and many others. Potential claims that can be sought against the fund are real and personal property damage, removal costs, loss of profits and earning capacity, and loss of subsistence. While this alternative to litigation requires a claimant to first seek restitution from BP and other responsible parties through a claims procedure established by the companies, the administrative process may prove beneficial for certain classes of victims.
Irregardless of the alternative a victim utilizes for restitution, BE PATIENT with the process. The responsible parties for the disaster will attempt to resolve claims quickly. Do not fall victim to the companies’ strategies and ploys. Frankly, the environmental impact to our area will not be fully understood for some time. As always, we are available to answer any questions you or your family have regarding the spill. Please feel free to email me your questions at knox@botelerwolfe.com or contact the office.

Delay Deny Defend

2010-03-23T13:52:00.000-07:00

CNN.com recently reported on the Delay, Deny and Defend mentality of insurance companies when confronted with small or "minor" injury claims. Read the entire article here. These tactics are even more prevalent in Alabama where laws overwhelmingly favor insurance companies and our insurance regulations do nothing to protect insurance claimants.

In response to these hardball tactics, several States have adopted a "Claimant's Bill of Rights" that requires insurance companies to deal in good faith with claimants. They have also adpoted laws that penalize insurance companies for unneccesary delays and in some cases require the insurance companies to pay the claimants legal fees. So far, no such legislation is on the horizon for insurance claimants in Alabama.

Why are Medical Malpractice Cases so Difficult in Alabama?

2010-02-17T10:14:00.000-08:00

by Mark Wolfe, Attorney at Law

DISCLAIMER: The following material is being provided as a courtesy and without remuneration. It is not intended to be a commentary on the merits of any potential medical malpractice claim or case. If you believe you have been the victim of medical malpractice, please consult with an experienced medical malpractice lawyer.

In Alabama medical malpractice cases are one the most difficult type of tort cases to successfully prosecute. From 2004 through 2008 health care providers won almost 80% of the medical malpractice cases tried by juries in Alabama. Besides being difficult to win at trial, many medical malpractice cases are dismissed by the Court before a jury even gets a chance to hear or decide the case. From 2004 through 2008 171 medical malpractice cases were dismissed in favor of the health care providers by Summary Judgment. The reason these cases are so difficult for victims is because Alabama evidentiary and procedural laws favor health care providers and make it difficult for a malpractice victim to succeed in a civil lawsuit. Yes, you hear doctors and the medical community raise concerns over the high cost of their malpractice premiums and they blame Plaintiff lawyers and lawsuits for these high premiums. But the truth is their gripe should be with the insurance companies who continue to claim “frivolous” lawsuits are the reason for these high premiums. As you will see from the information below, Alabama laws make it almost impossible for a frivolous medical malpractice case to even get through the Court house doors. These difficulties also explain why some attorneys in Alabama often just summarily dismiss calls from people who believe they have been the victim of malpractice without offering any meaningful explanation as to why no viable case exists.

Often times people will call an attorneys office simply wanting them to just to write a letter to the doctor’s insurance company to obtain a settlement for their harm without filing a lawsuit. But the insurance companies who provide malpractice insurance to doctors and hospitals know how difficult these type claims or cases are to prove under Alabama law. That is why they rarely offer compensation to people who believe they have been the victim of malpractice without full and complete litigation. Simply put, they know medical malpractice cases are very expensive and costly to prove and therefore they are not willing to settle until extensive and expensive litigation has been undertaken. But why are these cases so expensive and difficult?

Why are Medical Malpractice cases so expensive?
Medical malpractice is the failure of a health care provider to follow the appropriate standard of care (breach of a duty) which causes a harm or death. This sounds simple enough until you look at what is required to meet this definition. The victim must “prove by expert testimony” the standard of care which was breached and that the failure to follow that standard of care probably caused the injury or harm. This means no matter how straight forward the alleged malpractice may seem, expert testimony is needed to support the malpractice claim. Furthermore expert testimony is needed to establish the causation of the injury or harm. Experts must be equally or similarly qualified as the healthcare provider in question. Basically very few if any local doctors are willing to testify against another local doctor. This means victims must usually secure the services of an expert from outside the local area and these experts can be very expensive. A preliminary retainer for a basic medical record review can easily cost $10,000.00. These preliminary expert reviews usually are done for the basic purpose of establishing if a potential malpractice case can move to the next level of investigation and warrant further review by experts in a specific area or related to a specific issue.

Further adding to the expense and cost of a medical malpractice case is Ala Code § 6-5-551. This statutory law requires that a medical malpractice lawsuit include in the Complaint “a detailed specification and factual description of each act and omission alleged by plaintiff [victim] to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time and place of the act or acts.” In practical application this means victims of alleged malpractice must have a detailed expert opinion before drafting and filing a medical malpractice lawsuit. Given the complexities of medicine and medical care, it is often necessary to have two or three experts in order to comply with this statute. Again, more expenses. The statute further states that a Complaint which does not comply with these requirements “shall be subject to dismissal for failure to state a claim upon which relief may be granted.”

What all of this means is that Alabama law basically requires victims and their attorneys to undertake very expensive investigation procedures before ever trying to bring a medical malpractice case into Court. Most attorneys in Alabama who handle personal injury matters, including medical malpractice cases, do so on a contingency fee agreement (a percentage of the recovery) and they advance expenses for clients related to the prosecution of that case. These costs include expert fees. But the cold hard reality is the case must warrant the risk of these expenses. It does not make economical sense to advance $50,000 to $100,000 in litigation expenses if the probable recovery in the case is not significant or is not even going to cover the expenses of prosecuting the case. Medical malpractice insurance companies know this and that is the main reason victims get the cold shoulder from them. This is also the reason they pay little heed to victims who say “I’m going to get a lawyer and sue the doctor!”

Why are Medical Malpractice cases so difficult?
Medical care is a complex blend of sciences. Biology, chemistry, anatomy and physiology all factor into the healing arts. These complexities often make issues of causation complicated to prove. Add to this that the standard of care of what should or should not be done in a particular medical situation is not always as clear as we would like it to be and you can see why medical malpractice cases can be difficult to prove. The mere fact that another doctor would have done something different or opted for another treatment protocol or procedure in and of itself is not evidence of malpractice. The treatment or procedure in question must be a deviation from the applicable standard of care, i.e., no reasonable health care provider would have done it that way and the harm would not have occurred if there had been no breach or deviation from the acceptable standard of care. What follows is a brief summary of Alabama laws that apply to medical malpractice cases.

Higher burden of proof: Unlike most civil lawsuits in Alabama which simply require proof to the jury’s reasonable satisfaction, medical malpractice cases require proof by substantial evidence.

Alternative methods of treatment: The mere fact that an alternative method of treatment would have brought about a better result is not evidence of malpractice if the method of treatment in issue was within the reasonable standard of care.

Bad result or outcome: A bad result or outcome from a medical procedure is not malpractice or evidence of malpractice if the health care provider followed the standard of care.

Informed consent to a known material risk of the procedure: If the alleged harm is the result of a known material risk of the procedure and the patient consented to the procedure and the health care provider followed the appropriate standard of care, then there is no malpractice. Even if consent to the procedure is not obtained, Alabama law recognizes implied consent to treatment if the patient knew about the material risks of the treatment.

Limitation on time for commencement of action. All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.

In summary.
Alabama laws and the complexity of medical care make medical malpractice cases difficult to win in our State. It is often discouraging for people who believe they have been the victim of medical malpractice to get attorneys to take the time to explain why medical malpractice cases are so difficult to pursue in Alabama. Also, sometimes victims don’t understand all the hurdles that have to be cleared by a lawyer before he or she can say whether or not a viable medical malpractice claim exists. It is our hope this article has helped provide a better understanding of these issues.

MASS TORT UPDATE

2010-01-14T14:15:00.000-08:00

Mass Tort litigation refers to issues in which a company or
individual does harm to a large number of people or their
property as a result of an action or product. Cases in this
practice area range from defective products, such as
pharmaceutical drugs and building products, to large “manmade”
disasters such as plane crashes and chemical plant
explosions. While M & W does not commonly practice in the
area of mass tort litigation, the firm does assist many with
locating experienced legal representation in this area. Many
law firms are advertising for Mass Tort cases but many of
these law firms are not actually handling the claims or
litigation. It’s important for the victim to hire an experienced
law firm related to a particular claim or case. Recently, our
office has assisted victims with questions regarding the
following products:

Chinese Sheetrock/Drywall - Homes and buildings
constructed between 2005 - 2007 and having recurring A/C
problems and/or electrical problems, may have been built
with Chinese sheetrock or drywall. It is suspected that
chemicals in the defective drywall are causing the
problems. If Chinese drywall was used in the construction
of your home or building, it will be necessary to remove all
sheetrock and replace all metal wiring. A certified Chinese
drywall remediation contractor should be used, and the
drywall should be properly disposed in a hazardous
substance facility.

Yaz (drosperinone & ethinyl estradiol) - The New York
Times recently published a major news story on the
growing safety concerns with Yaz. Numerous lawsuits have
been filed against Bayer HealthCare Pharmaceutical for the
birth control drug Yaz. Lawsuits and claims have also been
filed related to Yasmin and Ocella. Yaz, Yasmin and Ocella
birth control pills all contain drospirenone, a synthetic form
of progestin which works in combination with ethinyl
estradiol (estrogen) to prevent pregnancy. Drospirenone is
not contained in other forms of birth control and is believed
to be the major cause of side effects from Ocella, Yasmin
and Yaz. Two recent case-control studies published in the
British Medical Journal show that patients on the birth
control pills containing drospirenone have a 200% higher
risk of serious injury than those patients using first or
second generation oral contraceptives.

Bexta (valbecoxib) - used as treatment for mild to severe
arthritis (osteoarthritis & rheumatoid arthritis) and other
chronic pain. Bextra has been linked to heart attacks,
strokes, gastrointestinal problems, and Steven Johnson
syndrome, a potentially fatal skin condition. This drug was
recalled in 2005.

Avandia (rosiglitazone) - was prescribed to control blood
sugar in adults with Type 2 Diabetes. The FDA has
monitored several heart related adverse events associated
with Avandia, such as fluid retention, edema and congestive
heart failure. The most recent labeling change included a
new warning about a potential increase in heart attacks and
heart related chest pain in some individuals.

Reglan - Reglan is a drug used to treat gastrointestinal
problems caused by gasteroesophageal reflux (GER) and
gasteroesophageal reflux disease (GERD) in adults and
children. Reglan has a number of serious potential side
effects including Neuroleptic Malignant Syndrome, Tardive
Dyskinesia and Tardive Dystonia. Reglan side effects
appear to increase with prolonged use.

Asbestos - continues to bring serious illnesses from
exposure in the 1940s and 1950s. The most common
types of illnesses directly associated with asbestos are:
mesothelioma, lung cancer, asbestosis, throat cancer,
colon cancer, and stomach cancer. Asbestos exposure
could have occurred in any number of occupations,
including shipyard workers, brake mechanics, factory
workers, construction workers, power plant workers and
refinery workers. Veterans, particularly those who served
in the U.S. Navy, may now bill ill because of asbestos.

If you, or a friend or family member, may have a mass tort
claim, please contact Knox Boteler at M&W to discuss
your case and for assistance in finding the right law firm
for your particular claim or case. There is no charge for
consultations at M&W. 433-7766, also toll free 1 866 975-
7766 or visit our web site and blog for regular Mass Tort
updates: www.moore-wolfe.com.

YAZ Birth Control Claims

2009-12-08T09:11:00.000-08:00

The New York Times recently published a major news story on the growing safety concerns with Yaz. Numerous lawsuits have been filed against Bayer HealthCare Pharmaceutical for the birth control drug Yaz. Lawsuits and claims have also been filed related to Yasmin and Ocella. Yaz, Yasmin and Ocella birth control pills all contain drospirenone, a synthetic form of progestin which works in combination with ethinyl estradiol (estrogen) to prevent pregnancy. Drospirenone is not contained in other forms of birth control and is believed to be the major cause of side effects from Ocella, Yasmin and Yaz. Two recent case-control studies published in the British Medical Journal show that patients on the birth control pills containing drospirenone have a 200% higher risk of serious injury than those patients using first or second generation oral contraception.

Some of the known side effects of Yaz, Yasmin and Ocella may include:
•heart attacks
•strokes
•deep vein thrombosis
•pulmonary embolism
•blood clots in the legs and lungs
•cardiac arrhythmia
•gallbladder disease
•sudden death

If you or a loved one is suffering from an injury caused by Yaz, Yasmin or Ocella please contact us for assistance and more information.

Story About Unfair Video Surveillance by Insurance Company

2009-11-13T09:01:00.000-08:00

Follow the link below for an interesting story on Hartford Insurance Company's unfair use of video surveillance to deny benefits. Surprize, surprize.

http://abcnews.go.com/video/playerIndex?id=9073730

GEICO owns geicosucks.com domain!

2009-11-10T10:44:00.000-08:00

As has been reported on this blog and in our newsletter, Legally Speaking, GEICO has recently adopted a hard line approach to claim settlement in auto-negligence claims. Recently Digg.com has reported that GEICO owns the domain, geicosucks.com.

In years past when various insurance companies have adopted unfair claim practices, web sites have sprung up describing the unfair claim practices of the particular company. See for example famersinsurancesucks.com

Obviously, GEICO wants to limit any bad publicity from their unfair claim practices by owning the domain geicosucks.com. We consider this to be a tacit admission that they know their claims practices are unfair!

M&W Press Release: Re GEICO claim practices

2009-10-21T15:05:00.000-07:00

M&W today issued a press release for general media distribution regarding the unfair claim practices of GEICO. The body of the release is included below:

PRESS RELEASE

TO: Mobile Area Media Outlets
FROM: Moore & Wolfe, Attorneys
DATE: October 21, 2009
RE: GEICO Unfair Claims Practices

[NOTE: Because of pending litigation, the name of the client has been omitted.]

83 Year Old Great Grandmother has to File Lawsuit Because of GEICO’s Unfair Claim Practices.

On November 21, 2008 Mrs. Beatrice XXXX was rear ended as she drove her car in Mobile County, Alabama. She was at a complete stop when the driver of the car behind her drove his car into the back of her car. The Mobile Police Department, who investigated the collision, determined the other driver to be at-fault and determined that Ms. XXXX did nothing to cause or contribute to the collision. According to her attorney, Karlos Finley of Moore & Wolfe, Ms. XXXX received soft-tissue injuries which required a trip to the emergency room and some additional follow-up care for soft-tissue injuries. Her total medical bills were a little over $7,200.00. These bills were paid by her health insurance company and her own insurance carrier under the medical payments provisions of her automobile policy. According to Finley, these companies have asserted a subrogation claim for a refund for their payments from any monies recovered by Ms. XXXX in her liability claim against the at-fault driver who is insured by GEICO.

In an attempt to avoid the time and expenses of litigation, after Mrs. XXXX had completed her treatment and was released from her healthcare providers, Mr. Finley prepared a settlement package which consisted of $7,207.50 in total medical charges and began pre-litigation settlement negotiations with GEICO. Those negotiations broke off with GEICO making a best and final offer of $4,700.00 on behalf of their insured with full knowledge that Ms. XXXX’s own insurance company was asserting a subrogation lien of $5,000.00 for Medical Payment benefits afforded her through her automobile insurance policy. Even worse for his client reports Mr. Finley is that it took GEICO over 8 weeks to even begin negotiations after the claim material was submitted.

According to her lawyer, GEICO’s unreasonable settlement offer left his client with no option but to seek full restitution through the legal system and a lawsuit has now been filed against the at-fault driver for his negligence in causing the collision. In Alabama, even though the insurance company may be the one controlling the settlement offers, its their insured who has to be sued in Court. Mr. Finley went on to say, “This pattern of unfair claims handling is nothing new for GEICO. Over the past year we have seen this same pattern time and time again with GEICO. Their offers to settle claims without litigation are so low, that victims must either take a financial loss or proceed with a lawsuit.” In their recent law firm newsletter, Legally Speaking, Moore & Wolfe reported this problem was not just local but apparently a nationwide trend. The newsletter also explained why Alabama law favors insurance companies and allows them to get away with these type of unfair actions.

“I think GEICO assumed Ms. XXXX would not want to suffer the anxiety and stress of litigation and tried to use that to force her to accept an unreasonable settlement offer,” said Finley. He also reports that, “Ms. XXXX has never been in an automobile collision of any kind and has not injured her spine at anytime prior to the collision which brought about this legal action. She is a widow and native of Mobile, Alabama who graduated from Mobile County Training School in 1943. She is a great grandmother and has been a law abiding citizen who lives a very wholesome life.” He also said while his client is in fairly good health, he hopes the stress and strain of litigation does not cause her any medical consequences.

In closing Mr. Finley noted that GEICO’s unfair claims practices have seemed to coincide with GEICO’s significant increase in advertising for their insurance products. “You can’t watch TV for 10 minutes without seeing a Caveman or a stack of money promoting GEICO products.” He summarized this observation as follows: “Maybe GEICO should re-direct some of their advertising dollars to fair claim payments so an 83 year old great grandmother who gets rear-ended by a GEICO insured can avoid having to be in the middle of a lawsuit.”

NOTE: Because of pending litigation, the name of the client has been omitted.
_______________________________

For general release: October 21, 2009

For more information on this matter, please contact Mr. Karlos Finley at 251 433-7766, or the GEICO claims representative on this matter: Rachel Collins at 478 621-1564, GEICO claim number:020816433010105003.

Ford Recalls Additional 4.5M Vehicles.

2009-10-14T04:57:00.000-07:00

The AP (10/13, Krisher, Manning) reported, "Ford Motor Co. said Tuesday it will add 4.5 million older-model vehicles to the long list of those recalled because a defective cruise control switch could cause a fire. The latest voluntary action pushes Ford's total recall due to faulty switches to 14.3 million registered vehicles over 10 years, capping the company's largest cumulative recall in history involving a single problem." Ford "has struggled for a decade with the problem, which has prompted hundreds of complaints and dozens of lawsuits over fires allegedly caused by faulty switches."

Bloomberg News (10/14) reports, "The voluntary recall affects models of vans and trucks including Windstars, Rangers, and Explorers. The switch, made by Texas Instruments Inc., can leak and then overheat, smoke, or burn." No "deaths or injuries are linked to the defect."

Read more about this recall and the involved vehicles.

Thousands of Chinese drywall claims and lawsuits expected.

2009-10-05T04:51:00.000-07:00

The Biloxi (MS) Sun Herald (10/3, Newsom) reported, "It's believed enough Chinese drywall to build 100,000 houses was shipped to the United States as the Coast was rebuilding from Hurricane Katrina, and South Mississippi attorneys and others expect thousands of lawsuits over those products to emerge in the coming months." James R. Reeves Jr., "a Biloxi attorney representing about 90 Mississippi homeowners in the lawsuits," said that "as many as 16 companies making the drywall are owned by the Chinese government," and that he "is unaware of a legal judgment ever being enforced against that government. Reeves said most Mississippians may be a little more fortunate, though, because it appears about 90 percent of the suspected drywall here was made in Chinese factories by KPT, a subsidiary of the German-based company Knauf International GmbH, which is not owned by a government and has assets."
Lawmakers seek to hold Chinese drywall manufacturers accountable.

The New Orleans Times-Picayune (10/4, Mowbray) reported, "With estimates of $3 billion of damage in Louisiana and as many as 40,000 households nationwide facing financial ruin because of toxic homes they can't afford to fix, members of Congress, officials at the U.S. Consumer Product Safety Commission and the parties to the national litigation in New Orleans are scrambling to find ways to hold about 20 foreign drywall manufacturers accountable. A bill in the U.S. Senate, the Foreign Manufacturers Legal Accountability Act of 2009, sponsored by Sens. Sheldon Whitehouse, D-R.I., and Jeff Sessions, R-Ala., would require foreign companies doing business in the United States to agree to participate in litigation in U.S. courts." Another tool "that groups such as the Consumer Federation of America think could help limit defective or dangerous foreign products would be to require overseas manufacturers to post bonds when they sell products in the United States so consumers could collect against them in the event of problems."

The Sarasota (FL) Herald Tribune (10/4, Kessler) reported on Jim and Joan Norton of Manatee County, FL, who "could very well turn out to be among the first owners to be sold a home built using Chinese drywall in Southwest Florida, and possibly anywhere." The discovery of Chinese drywall in the Nortons' 2002 home in WCI's Waterlefe Golf & River Club "could stretch out the timeline of the drywall problem, previously considered to have started in 2004, to a full seven years." WCI "has publicly claimed it did not use imported drywall prior to 2004."
Virginia congressman tours some affected homes. WAVY-TV Portsmouth, VA (10/4, Marks) on its website reported that on Saturday, Rep. Glenn Nye (D-VA) met with Virginia Beach residents affected by Chinese drywall, toured some of their homes, and said that "he has legislation proposed to speed up the process to get money for those affected."

MARK WOLFE IN ALABAMA TOP 100!

2009-08-16T06:50:00.000-07:00

Mark Wolfe of Moore & Wolfe was recently invited to join the Top 100 Trial Lawyers in Alabama by the American Trial Lawyers Association (ATLA). The following is an excerpt from the ATLA web site: “The Association is a national organization composed of The Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.” Mark is only the seventh lawyer from the Mobile/Baldwin County area to be invited to join ATLA. In 2008 Mark joined the prestigious Academy of Trial Advocacy (ATA) which is limited to 1000 members across the United States. He became only the second lawyer in Alabama to qualify for membership in the ATA.

GEICO claim denial. So easy a caveman can do it!

2009-08-14T13:48:00.000-07:00

--------- "Ugh claimant. You get zero!

Get Geico. Get Sued?

2009-08-10T08:33:00.000-07:00

EVEN A CAVEMAN IS SMART ENOUGH TO KNOW THAT BEING SUED CAN ADVERSELY AFFECT HIS CONSUMER REPORTS. In a recent poll of auto-negligence lawyers across America, numerous attorneys who represent auto-collision injury victims say they are having to file more lawsuits to recover restitution for their clients when GEICO is involved. Steve Moore from M&W participated in the informal poll conducted through a national listserve for auto-negligence attorneys. “When we take on an auto-negligence claim for the victim, we explain it’s in their best interest if a fair settlement can be reached without having to file a lawsuit,” said Moore. He explained that lawsuits and litigation are expensive and time consuming for victims who are often in a difficult financial situation because of lost wages, co-pays and deductibles. “Companies like GEICO know Alabama procedural, regulatory and substantive laws are in their favor and they are really taking advantage of this situation,” he said. Moore went on to say that not only is GEICO taking advantage of the victim by making “ridiculously low” claim settlement offers but their own insureds as well. He explained that not only are lawsuits difficult for victims but it also means the at-fault drivers insured by GEICO are going to suffer. In Alabama even though the insurance company gets to control the payment, or non-payment, of a liability claim it’s their insured that must be named as the Defendant in a civil lawsuit for damages. Moore referenced the recent claim of one of his clients against GEICO as an example of just how unreasonable and difficult GEICO is being. The clients were rear-ended by a GEICO insured as they were stopped in traffic. GEICO’s last offer to settle the claim before litigation was less than the clients’ medical expenses and lost wages. “This is not a big case,” said Moore, “but GEICO has left our clients with the option of incurring an out-of-pocket loss of several hundred dollars or filing a lawsuit to try and recover full restitution." He noted that not only is GEICO re-victimizing the victim, but they are subjecting their own insured to the various adverse consequences of a civil lawsuit and possibly a civil judgment. "Being a Defendant in a civil lawsuit may have adverse consequences to consumer reports and is a factor to be disclosed on credit applications and job applications,” explained Moore. In closing he said, “I think the real cavemen at GEICO are the ones making these kind of unfair and unjust decisions.”

Moore & Wolfe deemed "Most Highly Qualified."

2009-07-22T12:22:00.000-07:00

Martindale-Hubbell, a peer review based attorney and law firm rating service, recently announced that the law firm of Moore & Wolfe has qualified for its Bar Register of Preeminent Lawyers. Michael Walsh, President and CEO for the company that monitors the peer review rating service (LexisNexis) reported that only 5% of all law firms in America qualify for this special listing.

"We are proud to be recognized as one of the few personal injury law firms in Alabama to qualify for this designation," said Steve Moore. In 2004, M&W was included in the top 15% of all American law firms when it received a prestigious AV rating from Martindale-Hubbell. Steve said, "I think the fact that we have now reached the top 5% shows we are continuing to improve and we are committed to always finding ways to improve our representation of injury victims."

Moore & Wolfe Attorney Explains Victim's Rights to Educators

2009-05-27T07:49:00.000-07:00

Moore & Wolfe attorney, Karlos Finley recently visited Blount High School to speak with teachers and administrators at the school regarding the protection of their rights following a motor vehicle accident. Mr. Finley spoke on the importance of first seeking medical treatment and then legal advice prior to signing any paperwork following an accident. The group of educators seemed surprised to hear that liability insurance adjusters will contact individuals who have been involved in auto accidents shortly after the accident and try to have them sign a release prior to getting any medical care or legal advice regarding their rights. The adjusters will often offer a few dollars to the victim as money for the victim’s "inconvenience." To get the money they tell the victim he or she must just simply sign some paperwork so the funds can be delivered. Mr. Finley laid out the typical scenario as follows:

ADJUSTER: Hello, Mr. Doe. This the adjuster with XYZ Insurance Company. I understand that you were in an automobile accident earlier today where my client ran into the back of your car. How do you feel?

MR. DOE: Oh, I’m fine. Just a little soreness in my neck and my low back’s a little stiff. It’ll probably go away in the next few days.

ADJUSTER: Well good Mr. Doe, I’m glad to hear that. Well I know you had to miss some time from work today because of this accident and it looks like our insured is at fault. I’d like to send you $75.00 today for your inconvenience. I just need you to sign some paperwork for my company so they can issue you the check........Oh by the way, I’m going to be out of town working some other claims for the next several weeks, so we need to take care of this today so I can get the check issued before I leave town. Are you near a fax machine?

MR. DOE: Yes sir! As a matter of fact, you can send it here to my work.

ADJUSTER: Good! I will fax this waiver over to you. You can sign it, and fax it back and I will put the check in the mail today.

MR. DOE: Well thank you very much sir. I appreciate that greatly.

Well of course Mr. Doe signs the waiver and release and Mr. Adjuster sends the check. By time the check gets to Mr. Doe, he is so sore that he can’t walk. It feels like his back is stiff and there are sharp shooting pains going down his back and legs. He calls Mr. Adjuster, only to receive a voice mail alerting him that all calls will be returned within 24 hours. Mr. Doe doesn’t know what to do next. So he waits 24 hours and calls back. The conversation goes something like this.

MR. DOE: Yes, Mr. Adjuster, my back and neck have really taken a turn for the worse. I’m experiencing a lot of pain now. I think I need some medical attention.

ADJUSTER: Well, Mr. Doe I’m really sorry to hear that, but our file has been closed on this claim.

MR. DOE: But what about the doctors bills I’m going to have to incur? I need go to the doctor. The pain has spread from my neck down my entire back and into my thighs.

ADJUSTER: Well I don’t know sir, if you have health insurance, they may cover it.

MR. DOE: But what about you? Your insured caused this accident. Aren’t you responsible for this.

ADJUSTER: No sir, remember the paperwork you signed a few days ago. That paperwork releases our company from any further liability as it relates to this accident. That was all explained in the paperwork you signed. We have nothing further to do with this situation.
MR. DOE: Well I think that I’m going to see a lawyer. I don’t think that’s right.

ADJUSTER: Well sir you go right ahead and talk to a lawyer. Just make sure you tell them you signed a Release of All Claims and cashed the check we sent you. They’ll tell you under Alabama law there’s nothing that you can do. As I said before, this claim has been closed and this company has no further obligation to you. Good day.

Mr. Finley explained that, unfortunately, this scenario happens all too often in our State. In Alabama our Appellate Courts have strictly construed releases and documents signed by victims and consumers. Simply put when you sign a document in our State you are deemed to have read and understood the terms and conditions in that document, no matter what someone else tells you the document says or means. See, Foremost Insurance Company v. Parham, 693 So.2d 409 (Ala. 1997). This means adjusters are free to work loosely with facts and implications in order to secure a victim’s signature on a Release. Mr. Finley concluded his presentation by explaining to the group that the above scenario had recently occured to one of their members. That memeber had invited Mr. Finley to address the group so others would not be victimized in the future.

DEBUNKING THE CIVIL LITIGATION MYTHS

2009-05-01T04:49:00.000-07:00

Debunking the CIVIL LITIGATION Myths
from the American Association for Justice

Drug, oil, and insurance companies have spent millions of dollars to generate myths about how lawsuits are out of control and responsible for all of America’s ills. The facts tell a much different story.

Myth: The number of lawsuits filed is skyrocketing.
Not true. According to the Justice Department under President George W. Bush, the number of federal tort (personal injury) cases resolved in U.S. District Courts fell by 79 percent between 1985 and 2003. In 1985, 3,600 tort trials were decided by a judge or jury in U.S. District Courts. By 2003, that number had dropped to less than 800.(1)
Additionally, the most recent statistics from the Administration’s Bureau of Justice Statistics show the number of tort trials at the state level has decreased. These statistics were compiled as part of the Bureau’s survey of state civil justice systems in the nation’s largest 75 counties. Among these counties, the number of tort trials decreased 31.8 percent between 1992 and 2001. (2)

Myth: Health care costs are rising and doctors are unable to practice due to litigation.
Health care costs are rising; however, medical malpractice litigation has nothing to do with it. According to the Congressional Budget Office, medical malpractice amounted to less than 2 percent of overall health care spending.(3) The Government Accountability Office also found that malpractice cases have not widely affected access to health care. (4)
According to the American Medical Association, the overall number of physicians is up more than 40 percent since 19905, while over the same time, the U.S. population increased by only 18 percent.(6) The number of emergency physicians, neurosurgeons, and OB/GYNs has also increased significantly over the same time period.

Myth: Legal reform is needed because lawsuits hurt small businesses.
Wrong. Multiple surveys have shown that lawsuits are not a concern for small business owners. A survey from the National Association of Manufacturers suggests that “lawsuit abuse” ranks at the bottom of concerns for manufacturers.(7) A 2008 survey from National Federation of Independent Business had similar results, with “costs and frequency of lawsuits / threatened suits” ranking 65th on a list of small business owners’ worries. (8)
In reality, only big corporations and their front groups want to destroy the legal system so they can’t be held accountable for negligence and misconduct. Drug, oil, and insurance companies have tried to hide behind small business owners to accomplish this; however, these surveys reveal their true intentions.

Myth: Trial attorneys are trying to drive corporations out of business.
Absolutely not. Corporations, large and small, are all entitled to have profitable businesses. Most do so without being negligent or engaging in misconduct.
A strong civil justice system allows deserving individuals to get justice and hold wrongdoers accountable. Civil justice attorneys work to make sure all people have a fair chance through the legal system – even when it means taking on the most powerful corporations.

Myth: Lawsuits are out of control. Someone even sued because they spilled hot coffee on their lap!
Those looking to destroy the civil justice have continually mocked Stella Liebeck and the McDonald’s coffee case. Unfortunately, the actual facts of this case make it no laughing matter.
Ms. Liebeck’s injuries include third degree burns—the most severe—to her groin, inner thighs, and buttocks. She was hospitalized for eight days, during which time she underwent skin grafting and debridement treatments (the surgical removal of tissue).
Ms. Liebeck sought to settle her claim with McDonald’s for $20,000, but they refused. McDonald’s eventually produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1993, some involving third degree burns similar to Ms. Liebeck. This history documented McDonald’s knowledge about the extent and nature of this hazard. McDonald’s own quality assurance manager testified that a burn hazard exists with any food served above 140 degrees; their coffee was kept warm at 185 degrees.
A jury awarded Ms. Liebeck $200,000 in compensatory damages, but reduced it to $160,000 because they found her 20 percent at fault for the spill. The jury also awarded her $2.7 million in punitive damages, equal to two days of McDonald’s coffee sales. This was eventually reduced to $480,000, even though the judge called McDonald’s conduct reckless, callous, and willful. Jurors expressed similar sentiments in interviews after the trial. Ms. Liebeck and McDonald’s eventually entered a post-verdict settlement.

Myth: Trial attorneys are charging outrageous hourly fees and leave victims with nothing if they win.
Civil justice attorneys do not charge by the hour like most other attorneys. Instead, their clients pay on what is called a “contingency fee basis.”
For over 200 years the contingency fee system has provided Americans who must go to court with a degree of access to justice that is unheard of in most other countries. Our system allows people who cannot afford to pay legal fees to obtain representation on a contingency fee basis. In personal injury and death cases, and in certain other types of litigation, the fee is based on a percentage of any money damages that are recovered.

Myth: My insurance rates are skyrocketing because of lawsuits.
Your insurance premiums may be going up, but it has nothing to do with lawsuits. Look no further than the insurance industry’s annual profit reporting. In 2007, insurance companies reported a near-record profit of $61.9 billion. In comparison, the insurance industry’s 2004 profit was $38.7 billion, which broke all previous records. Their profits continue to rise, and unfortunately, your premiums are following suit.
The insurance industry has also made the argument that awards and damages should be limited; however, have later admitted that caps will not lower premiums. For example, American Insurance Association spokesman Dennis Kelly told the Chicago Tribune in 2005 that, “We have not promised price reductions with tort reform.”

Myth: Lawsuits cost taxpayers X hundreds of dollars each year.
Several so-called “independent” think tanks or organizations have devised the notion that American families pay a yearly “tort tax,” or that the cost of litigation is passed on to taxpayers. These organizations, funded by oil, drug, tobacco, and insurance companies, produce studies that are a prime example of junk science. There is no methodology or academic basis for their results. Trying to pass off these organizations and their studies as legitimate is yet another scheme by corporations to avoid accountability in the courtroom and stack the deck against every day Americans.

Myth: Schools are canceling recess because they are afraid of litigation.
Wrong. School districts across the country are almost universal in blaming the elimination of recess on the need to meet requirements for teaching and testing hours.(9)

Myth: People aren’t volunteering to help with Little League, Boy / Girl Scouts, etc., because they are afraid of lawsuits.
Wrong again. Similar to the previous myth, these lies are peddled by groups interested in destroying the civil justice system.
The Volunteer Protection Act of 1997 was passed to provide immunity for volunteers of nonprofits in the course of their charity work.

____________________________________________________________________
Sources:
1. "Federal Tort Trials and Verdicts, 2002-03”, Bureau of Justice Statistics, 8/17/05
2. "Civil Trial Cases and Verdicts in Large Counties, 2001”, Bureau of Justice Statistics, 4/04
3. "Congressional Budget Office, “Limiting Tort Liability for Medical Malpractice,” 1/08/04
4. “Medical Malpractice: Implications of Rising Premiums on Access to Health Care,” GAO, 9/29/03, www.gao.gov/cgi-bin/getrpt?GAO-03-836
5. “Physician Characteristics and Distribution in the U.S.,” American Medical Association, 2006 edition, p.312
6. U.S. Census Bureau data: http://factfinder.census.gov/servlet/SAFFPopulation?_submenuId=population_0&_sse=on; http://factfinder.census.gov/servlet/DTTable?_bm=y&-geo_id=01000US&-ds_name=PEP_2005_EST&-mt_name=PEP_2005_EST_G2005_T001
7. “National Manufacturing Week 2006 Annual Survey Results,” National Association of Manufacturers, http://www.nam.org/s_nam/doc1.asp?CID=6&DID=236617
8. “Small Business Problems and Priorities,” National Federation of Independent Business, http://www.nfib.com/object/2008problemspriorities.html
9. http://www.washingtonpost.com/wp-dyn/content/article/2006/05/31/AR2006053101949_pf.html; http://seattlepi.nwsource.com/local/191407_recess18.html; http://online.wsj.com/public/article/SB116044203663787613-OWTfLOXAilkTcNPcqP3tS75OWcE_20061108.html?mod=tff_main_tff_top

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Wolfe Speaks at New Jersey Seminar

2009-04-23T12:21:00.000-07:00

Moore & Wolfe attorney, Mark Wolfe recently did a presentation for New Jersey attorneys on Practice Building. The presentation was done in Atlantic City at the New Jersey Association for Justice's annual Boardwalk seminar. The Boardwalk seminar is one the largest programs in the United States for personal injury attorneys and consumer advocate attorneys. This year's program had over 1100 attorneys register according to Christie Reha of AAJ-NJ. The two day program featured speakers from all over the United States.

GMAC Insurance Adjuster Fails to Disclose Facts

2009-03-23T12:42:00.000-07:00

When a GMAC Insurance adjuster offered a claimant $1,742.88 to settle her bodily injury claim, the adjuster led the claimant to believe that would all be her money. The adjuster failed to tell the claimant she would have to repay her health insurance company out of that money. Lucky for the claimant, before she accepted the settlement proceeds and signed the release, she contacted Steve Moore at Moore & Wolfe. Steve reviewed the facts of the motor vehicle collision and the claim with her. He pointed out the fine print in the proposed release that said the claimant would have to pay back her health insurance company from the settlement proceeds. "In this case, it appears the health insurance company's subrogation claim will exceed the $1700 offer, so she would've received no benefit from the settlement," said Moore.

In Alabama bodily injury claimants have two things working against them when trying to deal with an insurance adjuster. First, liability insurance adjusters are considered adversaries and therefore claimants are not entitled to rely on statements made by adjusters. In some stunning case law, our Courts have said claimants should know better than to rely on a representation made by a liability adjuster. The second factor that works against claimants is that a signed document trumps an oral representation. This is because in Alabama if you sign your name to a document, you are deemed to have read and understood the content and terms of the document, no matter what somone may have told you.

In the situation above, even though the adjuster said or implied the settlement funds would belong to the claimant, the release said otherwise. If she had signed the release and accepted the funds, then she would have been stuck paying her health insurance company back even though the adjuster may have said or implied otherwise.

This just another example of the difficulties faced by personal injury victims and claimants in Alabama. At M&W we have been advocating and lobbying for an Insurance Claimant's Bill of Rights for many years. Simply put, we need legislation to protect claimants in these type situations. Moore said, "we see situations every day where legitimate claimants suffer because the rules and regulations of our State benefit the insurance companies over the rights of the victim."

Finley Attends Ala Constitution Convention

2009-02-17T09:18:00.000-08:00

Karlos Finley of Moore& Wolfe recently attended the Mock Constitution Convention sponsored by the Alabama Citizens For Constitutional Reform Foundation (ACCR) at the Marriott Legends Conference Center in Prattville, Alabama. The Honorable Albert Brewer and The Honorable Gorman Houston served as Convention Deans. Karlos served as a delegate for House District 97. 105 citizens representing each of Alabama’s House Districts convened to discuss drafting a new State Constitution that would replace the current one which was drafted and ratified at the Constitution Convention of 1901. The issues that got the most attention were the state’s tax structure (Property v. Sales), home rule, education funding, racist language contained within the current constitution, and the cost of amending the current constitution close to 800 times. State Representative Demetrius Newton spoke to the group about the proposed House Resolution (HJR-91) that is before the legislature now. It would allow the citizens of Alabama to vote on allowing a Constitutional Convention to be held in order to replace the 1901 document. "A Constitutional Convention is our best chance to adequately address all of the issues that our current constitution has.", expressed Mr. Newton. The documentary "It’s a Thick Book", was shown and given a standing ovation. It is available for viewing, along with Alabama’s 1901 Constitution at the ACCR website, http://www.constitutionalreform.org./ The group will meet again in the State’s Capital on April 25-26, 2009 for a second session to build on the work of this session. The Delegates will unveil the final product of the Mock Convention on August 27, 2009.

Dangerous Drugs and Medical Devices

2009-02-09T13:51:00.000-08:00

The following drugs and/or medical devices have been linked to injuries and/or death of patients. Many are now the subject of mass tort actions. If you think you may have a claim, please contact our office and we can help you locate the primary attorneys and law firms handling these claims and cases: mcw2@moore-wolfe.com

Accutane - (isotretinoin) used as an acne treatment but has shown to have side effects of depression, suicidal thoughts/actions, birth defects and may cause inflammatory bowel disease resulting in severe permanent complications.

Bextra - (valbecoxib) used as a treatment for mild to severe arthritis (osteoarthritis & rheumatoid arthritis) and other chronic pain. Bextra has been linked to heart attacks, strokes, gastrointestinal problems and Steven Johnson syndrome, a potentially fatal skin condition. Drug recalled in April 2005.

Boniva - ibandronate sodium tablet taken once-a-month to treat or prevent osteoporosis. Boniva, a bisphosonate, the family of drugs shown to cause osteonecrosis (death) of the jaw bone.

Digitek - (digoxin tablets) used in the treatment of congestive heart failure and other heart-related problems. In April 2008, healthcare professionals were notified of a recall of all strengths of Digitek due to the possibility that the tablets may contain twice the approved level of the active ingredient. Digitalis toxicity can cause nausea, vomiting, dizziness, low blood pressure and cardiac instability.

Fosamax - (alendronate sodium) used for bone pain, fractures and bone loss. Side effects linked to Fosamax have been; osteoneocrosis of the jaw (dead jawbone), muscle & joint pain, headaches, abdominal problems, eye discomfort or skin rash.

Gadolinium - serves as a contrasting agent within the patient's body during MRI or MRA. Gadolinium became popular with the medical community because it aided doctors in seeing the patient's internal structures more clearly. Prolonged exposure to gladolinium can result in the development of Nephrogenic Systemic Fibrosis (NSF - a.k.a., Nephrogenic Fibrosing Dermopathy or NFD.) The results of these disorders lead to thick, coarse, hard skin, severely restricting the movement of joints.

Ketek - (telithromycin) in the class of drugs called ketolide antibiotics and is used for treating bacterial infections of the sinuses and lungs. Associated side effects have been, liver damage, liver disease, liver failure and hepatitis.

Kugel Mesh Patch - designed to make hernia operations easier and to reduce post-op surgical pain. Problems started to surface in 2002 shortly after the introduction of the large and x-large models of the hernia mesh patch. The flexible plastic "memory recoil ring" is prone to breakage causing injury to internal organs & tissue, bowel perforations, bowel obstructions and chronic enteric fistulas.

Ortho Evra - transdermal system birth control, better known as "The Patch." In November 2005, FDA warned that the patch exposes women to higher levels of estrogen than most birth control pills and puts the user at an increased risk for blood clots, strokes and heart attacks.

Paxil - (selective serotonin reuptake inhibitor - SSRI) used as a treatment for depression, anxiety and obsessive compulsive disorder (OCD). This drug is linked with suicidal behavior, violent behavior and a rare birth defect (if taken at 20 weeks of a pregnancy or later) called persistent pulmonary hypertension (PPHN).

Prisma Dialysis - a type of kidney dialysis system with built-in alarms that alert the user of potential fluid imbalance that has occurred during the course of the dialysis treatment. If these alarms are missed, ignored or unresolved, excessive fluid may be removed from the patient resulting in serious injury or death.

Quinine - typically used to treat malaria, quinine was also used for the treatment of nocturnal leg cramps. In 1994, the FDA banned the use of quinine as a night-time leg cramp treatment, but, in spite of the ban, several pharmaceutical companies that manufactured the drug continued to promote, market and sell quinine as a treatment for nocturnal leg cramps. Use of quinine for treating leg cramps can lead to cardiac arrhythmia, renal failure, blindness, hearing loss, and quinine related blood disorders.

ReNu - ReNu with MoistureLoc® Solution is a saline solution used with contact lenses. The makers of this solution issued a recall in April 2006 because the solution was linked with a serious fungal eye infection, Fusarium keratitis. This infection is an inflammation of the eye's cornea and, if not properly treated, can lead to blindness.

Stevens-Johnson Syndrome - (SJS) usually results from a drug-related allergic reaction. SJS symptoms are characterized by facial swelling, tongue swelling, hives, skin pain, red or purple rash that spreads, blisters on the skin (especially mucous membranes, nose, mouth & eyes) and shedding (sloughing) of skin.

Tequin - (gatifloxacin) used to treat lung, sinus and other bacterial infections and is linked to hypoglycemia (low blood sugar) and hyperglycemia (high blood sugar), which can lead to seizure, coma or death. The maker of Tequin stopped selling the drug as of April 27, 2006.Trasylol - (aprotinin) used to help reduce blood loss during heart bypass surgery. Use of the drug is now linked with an increased risk of kidney failure, heart attack, stroke and death.

Viagra - (sildenafil) used for impotency and erectile dysfunction. Viagra has been linked to vision problems, blindness and deadly nitrate interaction.

Vioxx - (rofecoxib) prescribed for rheumatoid arthritis and chronic pain. Side effects have been gastrointestinal problems, heart attacks, strokes and death. Vioxx was recalled in September 2004.

Zelnorm - (tegaserod maleate) for short-term treatment of irritable bowel syndrome (IBS) and chronic constipation. Sales of Zelnorm were suspended in March 2007 after reports of adverse side effects such as, heart attack and stroke. As of April 2008, Zelnorm is now further restricted to treating only the sickest patients who have IBS.

Health Insurance Companies May Be Under Paying Claims

2009-01-14T06:36:00.000-08:00

What happens if you are traveling and have to visit a hospital or doctor? Or what happens if you need to see a local doctor immediately who may not be in your health insurance company's “approved network of doctors?” You would expect your health insurance company to pay a reasonable amount towards those bills, wouldn’t you? But that doesn’t always happen.

Recent cases from across the country indicate health insurance companies may be significantly under paying out-of-network claims. This means consumers are unfairly left to pay the balance of these charges. In a recent Federal case, California based Health Net Inc. agreed to repay $215 million to its customers for using an out dated and lower than reasonable payment schedule for out-of-network claims. The company also agreed to spend $40 million to update its claims processing protocol to avoid this problem in the future.

DO YOU THINK YOU’VE BEEN THE VICTIM OF AN UNDERPAYMENT FOR AN OUT-OF-NETWORK CLAIM? Please call us or e-mail us at mcw2@moore-wolfe.com and put “underpayment” in the subject line. You may be entitled to a refund.

State Farm Must Pay Victim

2009-01-08T05:12:00.000-08:00

A Mobile County jury ruled against State Farm and in favor of their insured in a civil trial that concluded on January 7th. Moore & Wolfe attorneys, Steve Moore and Karlos Finley, represented Francilla Ridgeway during the two day trial. Ms. Ridgeway was the victim of a serious motor vehicle collision that occured on Novemebr 14, 2006 near Chickasaw. The collision occured as she moved into an intersection with a green light and was hit by an Alabama State Trooper vehicle that was involved in a high speed chase. The jury concluded after only about an hour and a half of deliberation that State Farm owed their insured $100,000.

The trooper was pursuing Daniel Keith Gibson who, just seconds before the collision, had gone through the intersection at over 90 miles per hour and was headed directly towards a school zone just a block away. Ms. Ridgeway testified at trial that she did not see or hear the approaching trooper vehicle. When pressed on cross examination by State Farm's attorney, Ms. Ridgeway said she was distracted by Gibson's vehicle and when her light turned green she moved into the intersection but was looking down the road in the direction of the fleeing vehicle. That afternoon, Gibson led law enforcement officers on a high speed chase through Mobile, Saraland and Chickasaw. He admitted to speeds in excess of 140 miles per hour and said he attempted to ellude police because he, "didn't want another speeding ticket."

State Farm, who provided underinsured motorist coverage to Ms. Ridgeway, never offered her any of those benefits under the policy, claiming Daniel Keith Gibson was not at-fault in causing the collision which left Ms. Ridgeway with over $24,000 in medical bills. They maintained this position even though Mr. Gibson's insurance carrier had earlier paid his policy limits to Ms. Ridgeway. "Underinsured motorist coverage is a safety net that you pay a premium for," explained Steve Moore. "If you are injured through the fault of someone else and they don't have enough insurance to cover all of your damages, then you can use your underinsured motorist coverage to make up the difference," he explained.

Besides incurring over $24,000 in medical expenses, Ms. Ridgeway lost almost $8,000 in wages as she recovered from shoulder surgery necessitated by the collision. At trial, State Farm said the accident was not the fault of Mr. Gibson but rather the fault of Ms. Ridgeway, in closing argument State Farm's attorney even implied that Ms. Ridgeway lied under oath when she said she was not on her cell phone at the time of the collision as he suggested maybe she was distracted by talking on her cell phone.

"For over two years State Farm has refused to pay the benefits owed under this policy by continuously blaming Ms. Ridgeway for this accident. She was an innocent victim of Mr. Gibson's idiotic decison to run from the police," said Moore in closing argument. Ms. Ridgeway is a single mother of four with her oldest son in college at the University of South Alabama. She testified that every month for years and years she struggled to pay her insurance premiums to State Farm, which she said were about $70 per month. "At her income level she had to work about 10 hours every month just to cover her premiums and this is what she gets for her hard work," her attorneys told jurors in closing argument referencing State Farm's blaming her for the collision.

For additional information on this story visit the Mobile Register online.

Innocent Victim of High Speed Chase has to sue her own Insurance Carrier for Benefits

2009-01-07T04:39:00.001-08:00

The Mobile Press Register recently reported on an interesting case pending in Mobile County involving a State Farm insured who was an innocent victim of a high speed chase. On November 14, 2006 Francilla Ridgeway was injured when a State Trooper vehicle collided with her vehicle at an intersection in Chickasaw, AL. Ms. Ridgeway entered the intersection on a green light and did not see or hear the approaching Trooper vehicle. The Trooper was engaged in a high speed pursuit of a fleeing motorist who had led law enforcement on a 30-40 minute high speed chase throughout the Mobile, Saraland and Chickasaw area. The fleeing motorist, Daniel Gibson, was driving a highly modified Ford Focus and admitted to traveiling in excess of 140 miles per hour and driving recklessly as he attempted to evade the pursuing law enforcement officers.

Ms. Ridgeway originally named Gibson as a defendant in the civil action claiming his negligence or wantonness caused the collision with the Trooper vehicle. Mr Gibson's insurance company paid their liability limits but the amount was insufficient to cover the full extent of Ms. Ridgeway's injuries. Under her policy with State Farm, Ms. Ridgeway has "underinsured" motorist coverage which provides additional benefits if an at-fault driver does not have enough liability coverage. State Farm denied Ms. Ridgeway's claim and never offered any underinsured motorist benefits to her claiming the collision was not Mr. Gibson's fault but rather Ms. Ridgeway's fault for not seeing the oncoming Trooper even though she entered the intersection with a green light.

Steve Moore, Ms. Ridgeway's attorney said he elected not to sue the Trooper involved in the incident because he did not believe he did anything wrong. "While some people may look at this situation and say the Trooper should have backed off from the pursuit or maybe he should have gone through the red light at a slower speed, I just felt legally the person who should be accountable is the person who caused this situation to begin with and that is Daniel Gibson." State Farm "stands in the shoes" of Mr. Gibson for any damages he may legally owe Ms. Ridgeway per the terms and conditions of the underinsured motorist provisions of their policy with Ms. Ridgeway. "They do not want to pay benefits that Ms. Ridgeway paid a premium for so they argue that the accident wasn't Mr. Gibson's fault and have forced their insured to litigate this case," said Moore.

The Mobile Press Register online at al.com has more on this story.

Warning About Holiday Drinking and Driving.

2008-12-20T03:35:00.000-08:00

The National Highway Traffic Safety Administration (NHTSA) has released data showing that from 2002 to 2006, nearly 4 in 10 roadway fatalities in the last two weeks of December were related to alcohol use. NHTSA Acting Administrator David Kelly called drunk driving "one of the most serious, and preventable, dangers we face on our roadways," as he launched the administration's holiday crackdown on December 17.

NHTSA research shows that drivers aged 21-24 were most likely to be alcohol impaired when involved in a fatal car accident. Thirty-five percent of drivers in this age group were alcohol-impaired when their accident occurred, as opposed to 18 % of 15-20 year-olds and 29 % of 25-34 year-olds. In Alabama, this percentage is even higher, with 38 % of 21 to 24 year-olds being alcohol impaired when involved in a fatal accident.

This data also follows an NHTSA report earlier this year that restricting the drinking age to 21 has probably saved a total of nearly 4500 lives nationwide during the five year period from 2003 to 2007. This is in addition to the estimated 15,000 lives saved every year by seat belts. In Alabama alone it is estimated that seat belts save 400 lives a year, and that another 188 could be saved by full seatbelt use.

For more information about accidents involving impaired drivers, please click this link to the Moore & Wolfe MVA Resource Center.

Wolfe Article Published

2008-12-02T03:05:00.000-08:00

The December edition of TRIAL will feature an article written by Mark Wolfe. TRIAL is a monthly legal journal for trial lawyers published by the American Association of Justice. Wolfe's article is a practical guideline for attorneys to better help their clients when responding to written discovery. This is the third article Wolfe has had published in a legal journal and he currently has another article under submission. Wolfe is a frequent speaker at Continuing Education Seminars for lawyers and says most of the articles he has had published or written come from seminar papers. "When you speak at a CLE seminar the topics are current and these topics often lend themselves to journal articles," said Wolfe.

Wolfe will serve as a moderator at a CLE seminar in Birmingham on December 12th and he is the moderator and a speaker for the South Alabama Trial Lawyers Association's Winter CLE on December 19th. In January he will be a speaker at the Alabama Association for Justice's Mid-Winter Conference.

M&W Charity Wine Tasting 2008

2008-12-02T02:23:00.000-08:00

On October 26th, M&W held its third annual charity wine tasting. This year's beneficiary was the Mobile Bar Association's Volunteer Lawyers Program (pro bono program). The event raised over $10,500. The Volunteer Lawyers Program (VLP) is one of the top free legal service programs in the United States and assists hundreds of clients each year with civil legal matters. After Hurricane Ivan in 2004 and Hurricane Katrina in 2005, the VLP assisted thousands of victims with property and title issues so they could secure government assistance. Over 50% of the Mobile Bar Association attorneys donate their time to the VLP each year. The funds raised from this year's event will go towards office supplies and various incidental operational expenses. The event was held at the Bakery Cafe and Market at 1104 Dauphin Street in mid-town Mobile.

In 2006 the proceeds from the first M&W Charity Wine Tasting helped build a playground in mid-town Mobile at Central Presbyterian Church for use by children of residents of the Family Promise Network and summer camp participants. In 2007 the proceeds from the M&W Charity Wine Tasting went to buy computers and school supplies for the USA Children's and Women's Hospital Class Act program. That program provides full time teachers to children in the hospital so they can maintain school attendance credit and keep up with their classwork while in the hospital. In 2009 the beneficiary will be Victory Health Partners which provides low cost medical services to people without health insurance.

A special thanks to our friends at Russell Thompson Butler & Houston CPAs and Cormier Chiropractic and Physical Therapy for again being platinum sponsors for this year's event.

Where to Vote

2008-10-27T03:16:00.000-07:00

With the election just a week away, many voters may not be familiar with where they go to vote. The link below can help you find your polling place.

http://www.alabamavotes.gov/

M&W Atty Steve Moore Secures $32 Million Judgment

2008-10-11T06:21:00.000-07:00

M&W attorney, Steve Moore, recently secured a $32 million judgment against an at-fault driver who has been charged with DUI related to the crash. The victim, a 50 year old woman, suffered severe life altering injuries and requires constant medical attention. The women and her husband understand the judgment will probably never be collected but asked Steve to consider prosecuting the civil claim in hopes it will send a message to others in the community about the dangers of driving under the influence. "I applaud their courage and desire to try and make something positive occur from this terrible event," said Moore. The judgment, which includes $8 million for compensatory damages and $24 million in punitive damages, will now be recorded against the defendant. Read more on this story on al.com.

This is not the first time the attorneys at M&W have undertaken to help victims of DUI drivers at no charge. In 2001 they helped the family of 4 year Joia White, and other victims, obtain a $3 million judgment against a DUI driver who ran a red light and crashed into the vehicle occupied by Joia and her family. Joia and her grandfather were killed in the collision and her 4 siblings had multiple injuries and hundreds of thousands of dollars in medical bills. The firm also handled that case at no charge. Since then, the back cover of the law firm's Victim's Handbook has been dedicated to the memory of Joia White with a reminder of the dangers of driving under the influence.

Knox Boteler on Law Call

2008-10-02T04:42:00.000-07:00

M&W attorney, Knox Boteler, will be the featured guest on Law Call on Sunday night October 11th. The 30 minute show will focus on traffic accidents and related insurance claims. The show will air immediately following the Sunday night football game on WPMI - NBC-15. "Knox's years of experience in the area of motor vehicle collisions and insurance claims, makes him an excellent guest for this topic," said Mike Rush the program's host. Please mark your calender and tune in on Sunday night, Oct. 11th. Advance questions can be sent to jkb@moore-wolfe.com

Ju$tice for $ale in Alabama?

2008-09-28T14:59:00.000-07:00

Interesting Article from the Anniston Star.

Corporate money and courts
By Robert Leslie PalmerSpecial to The Star
09-28-2008

In electing the next Alabama Supreme Court justice, Alabamians should bear in mind the Dutch proverb that "promises make debt, and debt makes promises," for it is now virtually impossible to run for judicial office in this state without acquiring substantial political "debt."
Alabama ranks at the very top in the cost of judicial campaigns, which commonly exceed a million dollars. If we think that all of that money has no effect on the quality of justice, then we are only deluding ourselves.
But how did this come about? Last December, a Harper's Magazine article, "The Best Justice Money Can Buy," observed that it was Karl Rove who "put the Supreme Court elections in Alabama 'on the map' in national political terms." The article then detailed how in 1992, Rove masterminded a strategy by which the Republican party seized control of the Alabama Supreme Court.
That strategy involved substantial infusions of cash into judicial campaigns by corporate interests. According to the non-profit organization, Justice at Stake, Alabama Supreme Court candidates raised $54 million between 1993 and 2006, the highest total in the nation. As a result, 16 years later all but one of the nine Alabama Supreme Court justices is a Republican.
Despite the near complete domination of Alabama Supreme Court elections by corporate interests, the cash spigot is still running. More important, the flow of corporate money has had a demonstrable effect on the quality of justice. In the fall 2008 Alabama Association for Justice Journal, an article, "Is There Any Hope?", has removed the rhetoric from the struggle between corporate interests and trial lawyers by painstakingly detailing objective facts rather than subjective opinion.
For example, the article demonstrates that in the past five years, the court has either reversed or reversed in part nearly four times as many jury verdicts as it has affirmed, and that there is an astonishing correlation between the percentage of campaign contributions received from corporate interests and votes to reverse a jury verdict.
Thus, by methodically detailing fundraising and election results, individual justice's votes on plaintiffs' damage verdicts, and the degree to which campaign contributions correlate with judicial decision-making, the article demonstrates objectively and authoritatively that all that corporate money has "made it harder for civil plaintiffs in Alabama to get and keep jury verdicts" compensating them for their injuries. In short, the article lifts the Court's skirt to reveal the red boots of a brazen streetwalker.
A wise person once admonished us that the "accomplice to the crime of corruption is frequently our own indifference." If we remain indifferent to the wholesale purchase of our highest court by corporate interests, then we will all be accomplices to every unjust decision that the court renders.
It is in this context that we must consider the campaign contributions in this year's only Supreme Court race. To date, Greg Shaw has raised $591,269 from 188 contributors, for an average of $3,145 per contribution. In sharp contrast, Deborah Bell Paseur has raised $521,009 from 1,417 contributors, for an average of $367 per contribution. Thus, even though Paseur raised just 88 percent of the total contributions that Shaw raised, the number of her contributors outnumbers Shaw's 7.5 to 1.
Shaw was able to exceed Paseur's total campaign contributions only because his campaign contributions on average are nearly 9 times as large Paseur's. In short, Shaw has raised more cash from decidedly fewer sources.
More disturbing, however, is the degree to which Shaw's contributions come from political action committees. In contrast to Paseur's campaign contributions, less than 11 percent of which come from PACs, a whopping 95 percent of Shaw's campaign contributions come from PACs. And if that is not enough to make you ill, a full 62 percent of Shaw's contributions come from PACs run by one person, Thomas Dart, a lobbyist for the Automobile Dealers Association of Alabama. Every time you watch a commercial or read an ad for Shaw, remember that the pitch is being made by car dealers.
Unlike Shaw, Paseur has collected campaign contributions primarily from individuals rather than PACs, and half of her contributors are women. When couples are included, the number rises above 61 percent.
Alabama, you should vote for Shaw only if you truly believe that juries — composed of ordinary citizens like you — are wrong more than 80 percent of the time, and that the Alabama Supreme Court needs one more justice whose sympathies lie with corporations rather than people. You should vote for Shaw only if you are comfortable buying your next Supreme Court justice from a used car salesman.
But if instead you can see the plain facts before you, and if you are concerned that corporate money threatens the sanctity of our judicial system, then you should stand up for an independent judiciary and vote for Deborah Bell Paseur.

(See previous commentary on this subject from the Anniston Star.)

Legally Speaking

2008-09-28T06:26:00.000-07:00

The latest edition of Legally Speaking is now available on-line. This quarter's edition includes bio information on Karlos Finley (M&W's newest attorney), traffic safety, a recent case history and events at the firm. Legally Speaking has been published every quarter for the last 10 years by M&W and is dedicated to promoting important information for consumers and injury victims. It also reports on important traffic safety news. To be added to the regular mailing list please contact Mark Wolfe at mcw2@moore-wolfe.com.

Finley and Wolfe Attend ALA Banquet

2008-09-22T05:17:00.001-07:00

On Sept 19 and 20th Karlos Finley and Mark Wolfe attended the Alabama Lawyer Association's (ALA) annual seminar and banquet. The ALA was established in 1971 to assist African-American attorneys in Alabama. This year's event celebrated 35 years of service. At the evening banquet ceremony, which was held at the Renaissance Ross Bridge Golf and Spa Resort in Hoover, Alabama, Karlos was installed as the Southeast Regional coordinator for ALA. Long time attorney and civil rights activist Demetrius Newton also received a life time achievement award and Judge John England was honored for his continuous legal and judicial service for Alabamians. M&W were proud to be sponsors for this year's event.

From the Birmingham News; 9-18-08

2008-09-18T07:19:00.000-07:00

The race for the Alabama Supreme Court has reached $1.1 million in contributions
Thursday, September 18, 2008
ERIC VELASCO
News staff writer

Political action committees have substantially underwritten Greg Shaw's campaign for Alabama Supreme Court, while hundreds of women contributed to Deborah Bell Paseur, campaign disclosure forms show.
The two candidates for an open seat on the state's highest court passed $1.1 million in combined fundraising since campaigning began. They have collectively spent $968,000.
Shaw, a Republican, reported raising nearly $468,000 in cash and other sources between June 7 and Sept. 4, according to his latest disclosure form, posted Wednesday. He also reported spending more than $440,000 in that period, 81 percent of which was for advertising.
Paseur, a Democrat, reported raising nearly $257,000 in cash and in-kind services between June 3 and Sept. 12, according to disclosure forms sent this week to the state Secretary of State's Office. She spent more than $282,000, 58 percent of which went for ads.
Both candidates filed ahead of Monday's deadline for reporting this summer's contributions and spending. It is the only Supreme Court race on the Nov. 4 ballot.
PACs gave $439,000 in cash and in-kind services during the current reporting period to Shaw, a judge on the Alabama Court of Criminal Appeals. PACs provided 94 percent of his intake since June.
Nearly half of that PAC money came from the Alabama Civil Justice Reform Committee, traditionally the largest contributor to Republican judicial candidates. It is run by Thomas Dart, a lobbyist for the Automobile Dealers Association of Alabama.
Three other PACs run by Dart - Lawsuit Reform, Pro Business and Automobile Dealers Association - contributed a total of $75,000 to Shaw. Dart's PACs provided 62 percent of Shaw's contributions this summer, disclosure forms show.
Shaw has collected nearly $600,000 in cash, in-kind and other sources since his campaign began, 95 percent from PACs. Total spending for his entire campaign is just above $519,000.
Half of the contributors to Paseur's campaign this summer were women, her disclosure forms show. When couples are included, the number is above 61 percent.
Individual contributors provided nearly $206,000 since June to the retired Lauderdale County District Court judge, almost 85 percent of her total money in that period.
Less than 15 percent of Paseur's contributions came from PACs. Of the $37,000 she received from political action committees, $25,000 came from the state Democratic Party Executive Committee.
Paseur has received nearly $538,000 in cash and in-kind contributions since her campaign began. Women dominate the overall contributor list. Less than 11 percent of her money has come from PACs.
Paseur's total spending since her campaign started is almost $449,000.
In Alabama, the most expensive state in the nation to run for Supreme Court, million-dollar judicial campaigns are routine. The $7.7 million race for chief justice in 2006 was the second-most expensive judicial campaign in U.S. history.

Judge Deborah Bell for Ala Supreme Court

2008-09-10T16:37:00.000-07:00

No she doesn't have a Hollywood celebrity doing her voice overs in her comercials like her opponent, but she's a great person and a top notch Judge who will be a blessing to our State as a Justice on the Alabama Supreme Court. Please watch this clip.

http://www.youtube.com/judgedeborahbell

gREAT liNK abOUT In$urance Company Rule$

2008-09-06T16:42:00.000-07:00

Sad, but true. Watch and laugh.....until you have a claim!

http://www.youtube.com/watch?v=bVpX5fUvPlg

Mark

At the Firm

2008-09-06T16:24:00.000-07:00

AT THE FIRM -

Wolfe Selected as Member of Academy of Trial Advocacy (ATA). (The following is an excerpt from the ATA news release) Alabama Attorney Selected for Membership in Academy of Trial Advocacy. The Academy of Trial Advocacy (ATA) is pleased to announce that Gulf Coast attorney Mark Wolfe has become a member of the organization. The organization is limited to 1000 members and Wolfe is only the second lawyer in Alabama to qualify for membership. The ATA members are lawyers who represent consumer and injury victims. Not only are members required to have extensive litigation and trial experience, but they also must have had articles published in legal journals, taught continuing education courses for other lawyers in the area of trial advocacy, handled significant or important appellate issues, been involved in public education activities regarding the legal system and been active in charitable activities. John Leighton, a Miami attorney who is the chairman of ATA, said the organization wants lawyers who have demonstrated skill in the courtroom but also excelled in other areas such as public service, teaching, writing and advocating issues on behalf of consumers and injury victims. "Simply put, ATA looks for the best of the best. We want members who are deeply committed to protecting the rights of consumers and injury victims," said Leighton. Wolfe, who was nominated for membership by New Jersey attorney, Larry Simon and sponsored by fellow Alabama lawyer Greg Cusimano of Gadsden, said ATA membership appealed to him for several reasons. "The main thing I liked was the ATA has no membership fees or dues. Day in and day out we receive material from one group or another who want you to buy your way into a super name or title. This is not the case with the ATA," he said. "Also, when I looked at the criteria for membership I realized this organization was looking for people who not only have courtroom and trial experience but who are truly committed to helping the people who we represent. I am very proud to be a member of ATA and I look forward to continuing to help consumers and injury victims in our area," he said. Wolfe is a partner in the law firm of Moore & Wolfe located in Mobile, Alabama. The firm’s primary area of practice is auto-negligence and wrongful death claims and cases.

M&W Lawyers Participate in Medical Seminar. On August 8th, Steve, Mark and Knox participated in a national medical seminar for chiropractic physicians held in Orange Beach, AL. They were part of a panel discussion on medical records and documentation for auto-negligence claims. Wolfe also reviewed his recent paper on computer assisted claim evaluation programs. Those programs are being utilized by more and more liability insurance companies when evaluating auto-negligence claims.

Third Annual M&W Charity Wine Tasting is Sunday, October 26, 2008. The event will go from 2:00 to 5:00 and again be at the Bakery Café at 1104 Dauphin Street. This year’s beneficiary is the Mobile Bar Association Volunteer Lawyer Program (VLP). The program has been providing quality pro bono legal assistance to the low income citizens of Mobile County in civil matters for over 23 years. Over 50% of the Mobile Bar Association members volunteer their time to help with this important program. He program is recognized as the most effective pro bono program in the State and one of the best in the country.
In the past two years the M&W Charity Wine Tasting has raised almost $20,000 for area charity projects. In 2006, the proceeds went to help build a community playground at Central Presbyterian Church in midtown. In 2007, the proceeds went to the ClassAct Program at USA Children’s & Women’s Hospital. The program provides teachers and class rooms at the hospital so patients can stay current with school assignments and receive attendance credit. For more information or to download ticket order forms visit the News page of the M&W web site: www.moore-wolfe.com or call 251 433-7766.