Darl Champion

Attorney Jonathan Kelly obtained a defense verdict in a case where the plaintiff drove into a dumpster that his client had placed on the street in front of his home. The plaintiff alleged that she had to cross over the double yellow lines to drive around the dumpster and that, as she was doing so, an oncoming car drove around a sharp bend in the road just beyond the dumpster, forcing her to swerve into the dumpster to avoid a collision. The plaintiff claimed that it was negligent to have placed the dumpster in that location due to its size and because of its proximity to the bend in the road which, she argued, deprived vehicles of enough time to pass the dumpster safely and avoid an accident with any oncoming traffic. Over objections, a police officer was permitted to testify that he remained on site after the accident and that every single car had to cross the double yellow lines in order to bypass the dumpster. He characterized the dumpster as a traffic hazard and ordered that it be removed. In his closing argument, Attorney Kelly contended that it was for the jury, not the police officer, to determine whether the dumpster was hazardous. He reasoned that it was not a hazard because the situation the dumpster created was no different than other commonly accepted situations, such as when a vehicle has to cross the double yellow lines to drive around cars that are in the act of parallel parking, bicyclists, or delivery trucks and city buses that have stopped on the side of the road. For those reasons and because his client had obtained a permit to place the dumpster on the street, he argued that his client’s actions were reasonable. Attorney Kelly further asserted that inconsistencies between the plaintiff’s testimony and the version of events provided to the police called into question both the plaintiff’s credibility and the manner in which the accident actually occurred and that, under any circumstance, the evidence showed that the plaintiff herself had been negligent for failing to slow her vehicle or exercise an appropriate amount of caution as she approached the dumpster. The jury concurred with these arguments and returned a verdict in favor of the client homeowner. #HalloranSage #defenseattorney #defenseverdict #insuranceattorney #CTLawyer #litigationanddisputeresolution

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Georgia's settlement offer statute, O.C.G.A. sec. 9-11-67.1, has been amended. Link to our blog post discussing the changes in the comments.👇 #law #lawyers #legal #updates #georgia #lawfirm #personalinjury

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Attention Appellate Lawyers. You know about "expressed and direct conflict jurisdiction," and how it can be a vehicle for the Florida Supreme Court to accept a case under its discretionary review authority, right? Of course you do. But what about "misapplication jurisdiction"? 🤔 Is it a thing? Does discretionary jurisdiction lie when a district court’s decision relies "on an inapplicable case or appl[ies] precedent to different facts"? Stated differently, can the FSC accept a case "when a [district] court relies on a decision that involves a situation materially at variance with the one under review”? The answer used to be yes. 🛑 But not anymore. 🛑 In Askew v. DCF, issued yesterday, the Court held that "'misapplication jurisdiction' is beyond the scope of our conflict jurisdiction under article V, section 3(b)(3) of the Florida Constitution. The Court explained that "m]isplaced reliance on a prior decision does not mean that the two decisions will always 'directly' conflict or reach different holdings based on 'the same question of law.'" (Quoting art. V, § 3(b)(3), Fla. Const.) The decision was 7-0, but Justice Labarga concurred only in the result. The opinion deserves a read because it is the latest pronouncement by the Court on expressed and direct conflict jurisdiction, which as most lawyers know, is a very difficult standard to meet. In sum, "[e]xpress and direct conflict is a strict standard that requires either the announcement of a conflicting rule of law or the application of a rule of law in a manner that results in a conflicting outcome despite substantially the same controlling facts." (Internal quotations marks and citation omitted). And the Court does "not have jurisdiction to review a case without first finding that it directly and expressly conflicts with another decision." Govern yourselves according. 😃

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Virginia State Bar & Supreme Court of Virginia Protection Racket # 177 - SCV & VSB - Abuse of Positions A messags sent to a judicial law clerk for the Court of Appeals of Virginia: Tell me what Virginia Constitional Sections and Statutes in the Virginia Code authorize the Supreme Court of Virginia to establish private VSB Disciplinary courts (equal to the Circuit Courts in most ways) and appoint private judges or worse to have the VSB Council appoint private judges to sit on these private VSB courts. Some of these private VSB judges are not qualified to be Virginia judges at any level of the Virginia Judicial System. What is the Constitional or statutory authority for the VSB private courts to adjudicate Disciplinary cases and impose discipline on attorneys practicing law in Virginia? Don't tell me it's found in the Rules of the SCV. No Rules of the SCV can violate provisions of the Constitution of Virginia or Virginia statutes. What are you going to do to remedy the violations of Virginia law since 1976 and prevent it from continuing? You gave an oath when you were sworn in as a Virginia attorney to uphold the law, not violate it or aid and abet others to violate the law. Be sure to read the Virginia Code starting with 54.1-3908 through 54.1-3938 before you answer my questions. Don't overlook the limiting statute 54.1-3915. The VSB is only an administrative, investigatory agency of the SCV.

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🚨Verdict Alert🚨--> Tampa-Hub Partner, Jeremy Jacobs and Associate, Terran Winegeart successfully showcased the daycare's adherence to regulatory standards and reasonable supervision practices, discrediting the plaintiff's allegations of negligence and securing a rapid jury verdict in favor of the defendant.   At QPWB, we not only represent the truth, but we advocate for it, always ready to challenge and diligently pursue justice. Jeremy and Terran's proven determination and ability to navigate and succeed in complex legal battles showcase their skill in premises liability and negligent supervision within personal injury law. They not only expose and challenge biases within the legal system but also ensure a just outcome despite initial obstacles, making a meaningful difference in favor of our clients and setting a precedent that protects their pursuit of justice.    Read the full posting on our site to discover how the QPWB difference can significantly impact complex cases in premises liability and negligent supervision within personal injury law and beyond.   Read the Full Verdict Alert here: https://lnkd.in/e-bDQzTS   Learn more about Jeremy Jacobs here: https://lnkd.in/eyQac2xv Learn more about Terran Winegeart here: https://lnkd.in/eumvXqPV   #QPWBdifferent #QPWBattorney #PremisesLiability #NegligentSupervision #PersonalInjuryLaw #ChildcareLaw #DefenseVictory #LegalDefense #TrialSuccess #JuryVerdict

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⚖️ ☎️ Notable TCPA litigation emerged when Tarkenton Senior Solutions LLC, a Georgia-based insurance firm, was targeted with a proposed class action lawsuit. ⚖️ ☎️ #TCPA #DNC #Georgia #Telemarketing #Insurance #LeadGen #CEO #BusinessOwner #Attorney #Lawyer

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Watch out, D.C.! The ABA Litigation Section’s Annual Conference gets underway today, and our own Luis Salazar will be among the top litigators in attendance. The packed three-day schedule of thought leadership and industry commentary includes: ~Our Enduring Democracy: A Discussion with Judge J. Michael Luttig and Secretary Jeh Charles Johnson of the ABA Task Force for American Democracy; ~Consequences to Diversity and Inclusion Post-Affirmative Action: “To Be or Not to Be” (Elimination of #Bias track); ~The Brave New World of Artificial Intelligence: What Do In House Counsel Know – And Ask? (#Technology track); ~Preventing Burnout, the Silent Plague of the Legal Profession (#Wellness track); and ~a fabulous evening at the International Spy Museum. Will we see you there? To view the complete conference agenda, please visit https://lnkd.in/eCHYy5pH. #SalazarLaw #ABA #LawyerLife

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Lanier Law Firm's Maura Kolb spoke to Bloomberg about the 'Texas Two-step,' a legal tactic that allows companies to avoid tort liability by transferring it to a new entity and declaring bankruptcy. A number of asbestos bankruptcy cases in North Carolina have allowed local judges to rule on matters now being considered by the Fourth Circuit Court of Appeals and could eventually make their way to the U.S. Supreme Court. "It does not appeal to a regular person's sense of fairness," Maura said. You can read the full article here: https://lnkd.in/gTmB6YHu #lanierlawfirm #texastwostep #bankruptcy

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This week's Lawyer Spotlight is on attorney Doug Taylor! Doug's practice focuses on employment law in Virginia, Maryland and the District of Columbia. Learn more about Doug in his Lawyer Spotlight video: https://bit.ly/3FQeFrh

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