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Text of the page (random words):
oval 2 reptile theory 7 restatement of torts 5 retailer liability 5 rhode island 2 scotus 3 scutpa 3 second circuit 5 seventh circuit 6 sixth circuit 3 social media 53 south carolina 76 south dakota 1 statistics 1 statute of limitations 3 statutes of repose 2 stella liebeck 33 strict liability 18 subrogation 1 successor liability 3 summary judgment 5 tennessee 11 tenth circuit 4 texas 32 the art of war 1 third circuit 10 tobacco 13 tort reform 2 united kingdom 1 united states supreme court 2 usda 1 utah 7 vice squad 3 virginia 5 warnings 5 warranty 4 washington 12 west virginia 3 wisconsin 8 wednesday november 22 2017 thanksgiving in 1810 1910 and 2017 here we are again on the week of thanksgiving accordingly it s time that we once again direct you to our 2010 thanksgiving post entitled thanksgiving in 1810 1910 and 2010 back then in our early blogging days we somehow unearthed a century old magazine article in which the writer a resident of 1910 looked back 100 years and marveled at the incredible social and technological change that occurred in the previous ten decades that writer also looked forward to 2010 and briefly speculated how we as citizens of the 21st century might look back at those who lived in his era 100 years before that article struck such a chord with us and it s become a turkey day tradition for us so today we remind you of it once again and direct you back to it 107 years after its publication that neat illustration above and many others like it comes directly from the 106 year old article have a look and let us know what you think posted by jim dedman post the first comment wednesday november 15 2017 the art of litigation war part iii in this installment of abnormal use s exploration of sun tzu s the art of war we analyze the following tactics from attack by stratagem the third chapter of the book thus we may know that there are five essentials for victory he will win who knows when to fight and when not to fight he will win who knows how to handle both superior and inferior forces he will win whose army is animated by the same spirit throughout all its ranks he will win who prepared himself waits to take the enemy unprepared he will win who has military capacity and is not interfered with by the sovereign every now and again we come across those who approach litigation with an ultra aggressive yet helter skelter approach while we appreciate zealous advocacy these litigators often miss the mark on the most crucial component of litigation obtaining a favorable result for your client litigation is by definition adversarial however being adversarial need not equate to fighting every step of the way it is imperative that we pick our battles focus on the battles that matter focus on the battles that you can win rather than wasting time on trivial discovery battles which necessitate expending time and resources that are disproportional to the net positive a victory will mean for your case focus on the substantive matters spend your time in preparation researching the law preparing for depositions drafting dispositive motions readying your case for trial don t develop a reputation with the court and your fellow members of the bar of fighting over the trivial develop a reputation for fighting over substance people will take note and appreciate the fact that when you raise an issue it has teeth when looking at the substance of your case identify its strengths and weaknesses pick the battles that you can win and concentrate your resources on that front if you have a case of clear liability be up front about it and set your sights on damages acknowledge where the law might not be in your favor and shift your legal arguments to where it is judges and juries respect candor they appreciate getting to the point and not wasting their time on unnecessary issues once you identify the points that matter and the battles that you can win your focus is clear and you know where to direct your resources there are many things in litigation beyond our control however we can control our own preparation whether it be on a football field or a courtroom the first step in winning any battle is in being more prepared than your opponent when you walk into a courtroom you should feel as if you know the facts and the law be more prepared than opposing counsel the preparation will always shine through in your performance as mentioned the outcome of litigation can never be known with certainty however if you focus on the points that matter identify your battles and properly prepare you have put yourself and your client in the best position for success in this position is exactly where you want to be when you put your case in the hands of 12 jurors whom you do not know part i of the art of litigation war can be accessed here part ii of the art of litigation war can be accessed here posted by nick farr post the first comment monday october 2 2017 dri s annual meeting as you may know our firm gallivan white boyd p a is very very active in dri john cuttino of our columbia office serves as its president jim dedman the editor of this blog currently acts as the liaison of the product liability committee to the annual meeting which is taking place this week it s the upcoming annual meeting we discuss today we are very excited for the upcoming 2017 annual meeting which takes place this week in chicago on october 4 8 2017 rest assured that we have planned a fun dine around for the product liability committee on the evening of wednesday october 4 more about which below plus dri has put together a phenomenal line up of cutting edge cle presentations up to 12 0 hours and networking events this year s speakers and special guests include john o brennan former director of the cia eric h holder jr former u s attorney general jeffrey r toobin senior legal analyst cnn worldwide and supreme court expert extraordinaire sandra l phillips rogers group vice president general counsel and chief legal officer toyota motor north america inc the product liability committee will have itsdine around on the evening of wednesday october 4 for more details please contact jim dedman at jdedman gwblawfirm com the product liability committee s cle and business meeting will take place on the afternoon of thursday october 5th here s the information jeffrey a curran of gablegotwals and kevin schiferl of frost brown todd llc will speak on we re not in kansas anymore the challenges of trying cases in unfamiliar jurisdictions that program will take place on thursday october 5 from 3 30 to 4 30 p m following the program we will have a brief product liability committee business meeting to move our agenda forward for the coming year we hope to see you this week posted by jim dedman post the first comment friday september 22 2017 friday links according to this news alert the clerk s office of the u s district court for the middle district of north carolina has posted some electronic filing tips for ecf users you can read the new handout here how many of you are attending the dri annual meeting in chicago in a few weeks as you may recall our editor jim dedman plans the annual mecklenburg county bar s halloween cle each year this year it s called halloween cle iii the law of clowns ghostbusters and scary movies that s right there is literally a component on clown law you can learn more here our favorite legal tweet of the week is one of our own as we feel our colleague lindsay joyner deserves some additional recognition for being named one of columbia south carolina s best brightest congratulations to gwb s own lindsay joyner lajoyner on being named one of columbia s 2017 best brightest pic twitter com r4ixjvwr5z gallivan white boyd gwblawfirm september 20 2017 posted by jim dedman post the first comment tags links friday september 15 2017 friday links who s going to the dri annual meeting in chicago next month we ll be there so let us know in fact next week we will be posting a bit more about this topic so stay tuned for more information about the dri product liability committee s events at the annual meeting rest in peace grant hart of the band hüsker dü in 1986 the band released candy apple grey which featured the single sorry somehow written by grant hart it features our favorite rock lyric about subpoenas read more about him here our favorite legal tweet of the week comes from the north carolina bar association a committee of which recently addressed the oxford comma debate behold that tweet below final count 10 pro 2 con 2 abstentions jimdedman brandonjhuffman it s been decided oxfordcomma myncba pic twitter com m9snbte7jg joyce brafford joyce_brafford september 14 2017 posted by jim dedman comments 1 tags links tuesday september 12 2017 charleston office closed tuesday due to inclement weather our charleston south carolina office will be closed on tuesday september 12 2017 due to inclement weather caused by hurricane irma our charlotte north carolina office and our greenville and columbia south carolina offices will be open as usual we wish everyone a safe journey during these days of difficult weather conditions posted by jim dedman post the first comment the art of litigation war part ii in this installment of abnormal use s exploration of sun tzu s the art of war we analyze the following tactics from waging war the second chapter of the book there is no instance of a country having benefited from prolonged warfare in war then let your great object be victory not lengthy campaigns in waging war sun tzu stresses the importance of curtailed warfare as sun tzu aptly notes if the campaign is protracted the resources of the state will not be equal to the strain the longer war is waged the more resources consumed and the more lives lost as such prolonged warfare results in a smaller net benefit to be gained by victory such is often true in litigation it is no secret that plaintiffs and their attorneys often have more to gain by resolving a case sooner rather than later resolution of a claim early in litigation or even pre suit benefits a plaintiff by putting money in his or her pocket earlier and cuts down on the amount of fees a plaintiff must reimburse his or her attorneys likewise for the attorney who is most often working on a contingency fee an early settlement provides a certainty of recovery and frees up time to work on other matters certainly there are situations in which an early resolution is not possible i e a lack of a meaningful pre suit settlement offer assuming there is a legitimate offer on the table however the net benefit of protracted litigation only to obtain a slightly better settlement or judgment may not be worth the risk while not as obvious on the surface there is often little for defendants to gain by way of lengthy litigation any seasoned defense attorney can tell tales of cases that were ultimately resolved after lengthy litigation for a sum far greater than what they could have pre suit those cases are usually ones in which the defendant was operating with its optimal leverage pre suit due to a preliminary understanding of liability and or damages only to see the price of playing poker rise as discovery called into question the facts or theories upon which the defendant relied similarly there are those cases that ultimately resolve at the pre suit evaluation but only after thousands of dollars in fees were incurred in either situation the net benefit of litigation at least from a financial perspective may be negligible certainly there are cases for both plaintiffs and defendants that should be tried for a variety of reasons unlike sun tzu we would not venture so far as saying that there are no instances of a party benefiting from prolonged warfare in those cases however it is imperative that counsel and their clients be on the same page regarding the costs of war and the risks of battle inherent in every case is risk there is not a good case that cannot be lost or conversely a bad case that cannot be won litigators should never be fearful of prolonged litigation including trial however they should always be cognizant of the risks and costs of protracted litigation when searching for that necessary victory note an online translation of the art of war can be accessed here part i of the art of litigation war can be accessed here posted by nick farr post the first comment sunday september 10 2017 charleston office closed monday due to inclement weather our charleston south carolina office will be closed on monday september 11 2017 due to inclement weather caused by hurricane irma our charlotte north carolina office and our greenville and columbia south carolina offices will be open as usual we wish everyone a safe journey during these days of difficult weather conditions posted by jim dedman post the first comment tuesday september 5 2017 festival litigation class action lawsuit filed in california once again we turn to the world of music for news of curious litigation for those unfamiliar with the fyre festival the following is a synopsis the music event from april 28 30 and may 5 7 is touting itself as the cultural experience of the decade though these islands are part of the bahamas this scattered string of pearls is way more barefoot and bronzed than cruise ships and coconut cocktails the fyre festival website explains its origins as follows billy mcfarland and ja rule started a partnership over a mutual interest in technology the ocean and rap music this unique combination of interests led them to the idea that through their combined passions they could create a new type of music festival and experience on a remote island reportedly festival tickets cost 450 for a day pass and up to a 250 000 00 for a full vip experience unfortunately its organizers canceled the festival at the last minute and hundreds of attendees allege that they were stranded on the remote island with sparse food and dangerously rustic accommodations that sounds a bit more perilous than woodstock no litigation of course ensued famed plaintiffs attorney mark j geragos filed a class action lawsuit in the u s district court for the central district of california the named plaintiff daniel jung alleges as follows additionally the criminal justice lawyer in new jersey says that the suit alleges that the problems were known before the information was disclosed to prospective attendees but that the information was not disclosed in a timely manner it is anticipated that there will be at least 150 members of the class the lawsuit seeks at least 100 million in damages presumably the lawsuit will be hotly contested but fyre festival organizers are promising that a ll festival goers this year will be refunded in full and that they will be working on refunds over the next few days and will be in touch directly with guests with more details aggrieved guests may be pleased to find out that all guests from this year will have free vip passes to next year s festival who knows how that tur...