Category: Articles
Economic Duress: A Poor Excuse for Non-Performance
In commercial litigation it is often the case that a party has failed to meet or comply with some contractual requirement, causing the party serious annoyance or inconvenience in the litigation. In order to avoid the breach of contract or promise and the consequences of such breach to the rights […]
Anatomy of a Daubert Challenge
Daubert v. Merrill-Dow Pharms., Inc., 509 U.S. 579 (1993), and its progeny General Electric Co. v. Joiner, 522 U.S. 136 (1997) and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), imposed significant limitations on the admissibility of expert testimony in federal court. The amendment of Rule 702 of the […]
“Court of Appeals Rules on Hours of Service Appeals.” The Transportation Lawyer. (October 2013)
“The third time’s a charm, “ said the United States Court of Appeals for the District of Columbia. Read More
“OSHA Inspections and Citations: Do they Affect Architects and Engineers?”
“OSHA Inspections and Citations: Do they Affect Architects and Engineers?” September 2013. Download PDF
Nip It in the Bud! Police Liability Claims, presented for the National Business Institute (2013).
It is difficult to discuss liability for police officers under Alabama law without focusing on the various forms of immunity that protect police officers. The immunities and defenses provided by statute and by common law shape the type of claims that can have legs. Read More