March 26, 2012
I have heard many tales about how life would be if only lawyers would not be around. You know, the joke that goes something like this: “What do you call a dozen lawyers dead at the bottom of the sea?” and the answer is something like: “a good start.” We have all heard the lawyer jokes and I always get a good chuckle out of them. But in reality, the world would be a dismal place was it not for us lawyers who are the last line of defense between those who place money and profit ahead of all else including the safety of the people around them. Lawyers are making sure your rights are preserved and those who do harm are held accountable for their action.
It is all about personal responsibility.
March 20, 2012
What came to my mind was a question about safety of the nail gun used. As lawnmower have what is commonly referred to as a “dead-man’s switch” which cuts of the engine to the mower if the operator lets go of the handle, I am surprised that a nail gun could still fire without anyone holding it. Here, the accident occurred when the worker let go of the nail gun and it fell on his head! I like to hear about what causes of action, aside from the obvious worker’s compensation claim resulting from the workplace injuries, an attorney looking at the facts and the details could come up with. Off the top of my head, I see a potential product liability case here.
Autullo was standing on a ladder, reaching over his head to drive nails into the top of a wall, when he lost his grip on his nail gun. The recoil swung the gun back and pressed it against his skull. From the outside, it appeared to be a minor scrape, but just below the skin was the head of a nail.
March 19, 2012
In this era of mass incarceration — when our nation’s prison population has quintupled in a few decades partly as a result of the war on drugs and the “get tough” movement — these rights are, for the overwhelming majority of people hauled into courtrooms across America, theoretical. More than 90 percent of criminal cases are never tried before a jury. Most people charged with crimes forfeit their constitutional rights and plead guilty.
“The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used,” said Timothy Lynch, director of the criminal justice project at the libertarian Cato Institute. In other words: the system is rigged.
In the race to incarcerate, politicians champion stiff sentences for nearly all crimes, including harsh mandatory minimum sentences and three-strikes laws; the result is a dramatic power shift, from judges to prosecutors.