Unlocking the Door
To unlock a door, there’s a single key––specifically cut, shaped, and contoured to fit an exact specification. All other conjectures and approximations, even if razor-thin close, will simply not work. Exerting additional force, pressing strongly back and forth, forcefully twisting and turning––a complete waste of time. Winning arguments, tailor made to fit the specific case, […]
Sight Lines of the Third Eye
Which point of view is most persuasive? There’s seeing the case from the “inside” point of view of the injured party, the Plaintiff. There’s seeing the case from the “inside” point of the view of the responsible harm-inducing party, the Defendant. And then there’s seeing the case from the “outside” point of view of a […]
All History is Sacred
Headwork, mindscape––to keep track of powerful, commonsense notions as well as unusual, esoteric ideas. Item. One’s life is defined not by the number of years, not by its fleeting rank, title, or status, but by its guiding idea. Some, perhaps many, pass their years without an awareness of what form that idea might take. To […]
Back to Basics
The young lawyer, having just finished reading a book on military history, likens a lawsuit to a form of warfare. The older lawyer tries to explain the two are not quite analogous even though both in a general sense utilize both “strategy” and “tactics.” Marshalling those facts favorable to your side of the case. A […]
“Excusable” vs. “Inexcusable”
Lawsuits are based on the ubiquitous phenomena of “mistake.” We file when there’s been an “accident,” inadvertent harm caused by the neglect, carelessness, or inattention of another. Those who practice in this area can come to believe that every “mistake” is actionable. We see some kind of harm that’s occurred and we immediately conclude that […]
Building the Bridge
A lack of adequate information typically prevents us from being sure that our inferences are well-founded. Because of this, we too often stop searching for answers. We erroneously believe there’s “not enough evidence” to draw any further conclusions. Example: At a certain address, there’s a row of bushes six feet high aside a fence that’s […]
Constitutional vs. Human Rights
What’s the difference between a “constitutional” right and a “human” right? Are they synonymous? Or do they differ in certain respects? Constitutional Rights. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the […]
It’s Time to Start Over
Transportation accidents, maritime accidents, aviation accidents––all within our society have the right to bring civil lawsuits to recover damages except one: those who serve in the Armed Forces. Our servicemen and women are prohibited from filing civil actions against the United States in Federal Court for accidental injury or wrongful death if such occurs within […]
Incremental Harm as a Basis of Product Liability
Product liability law imposes liability against manufacturers of “unreasonably” dangerous products. The danger inherent within a product can range from the manifest to the latent, from the direct to the indirect. Primary Risks. These are the obvious risks a product poses to a user. You can fall off a motorcycle, you can sustain a cut […]
Washing the Floor…With Gasoline
The problem with just about any set of facts is that it quickly becomes complex, resistant to being easily encapsulated. The gasoline station was managed by Elward Hudson, who, approximately one year before the accident, leased the station and certain equipment from the Defendant. One of the duties assigned to the Plaintiff by Hudson was […]
