The post The Civil Justice System: Protecting Your Family appeared first on .
Monday, October 29, 2018
Friday, October 26, 2018
HGD’s Honza Prchal Receives Pro Bono Exemplar Award!
HGD congratulates attorney Honza Prchal who was recognized by The Alabama Access to Justice Commission and the Supreme Court of Alabama at a reception
Honza Prchal is an associate with HGD whose areas of emphasis include mass torts, especially pharmaceutical and medical device work, and also general litigation. He has spent at least half his time on mass torts even before he started working with W. Lewis Garrison, Jr. in 1997, and he continues to enjoy helping clients navigate and understand an esoteric and confusing area of law where it is far too easy and far too common for clients to feel like numbers, rather than individuals with claims.Honza is a member of the American Bar Association, Phi Delta Phi, the Birmingham Bar Association, the American Association for Justice, a life member of the Antient and Honourable Edmund Burke Society at the University of Chicago.
The post HGD’s Honza Prchal Receives Pro Bono Exemplar Award! appeared first on .
Wednesday, October 24, 2018
HGD’s Brandy Robertson Named President of Alabama Head Injury Foundation’s Birmingham Regional Board
Alabama Head Injury Foundation is pleased to announce that Brandy Robertson, attorney with Heninger Garrison Davis, will serve as President of AHIF’s
Brandy Robertson has been an attorney with Heninger Garrison Davis, LLC, for seven years and practices in the areas of personal injury, wrongful death and medical malpractice matters. Brandy received her B.A. from the University of Alabama at Birmingham in Criminal Justice and her J.D. from the Birmingham School of Law in 2006. “The work of the Alabama Head Injury Foundation is very close to my heart. My niece suffered a traumatic brain injury in a car accident and had she survived her injuries she would have needed the services offered by AHIF.” This summer Brandy was able to attend the TBI camp for survivors and their families and was able to see firsthand the wonderful work of the AHIF. “I am honored to serve as President of the Birmingham Regional Board and I look forward to helping AHIF further their mission of providing services to TBI survivors and their families.”
The post HGD’s Brandy Robertson Named President of Alabama Head Injury Foundation’s Birmingham Regional Board appeared first on .
Wednesday, October 17, 2018
Yes, You can Sue for Sexual Misconduct
By HGD Staff
Many victims of sexual misconduct feel there is nowhere to turn. Victims often worry that they will not be heard or that they will be punished for coming forward. While it is certainly easy to
At Heninger Garrison Davis, LLC, our team of experienced legal professionals want to help. We have represented many assault survivors, victims of harassment and discrimination, and even those who have suffered from gender and sexual identity discrimination. For those who wonder what rights they have, the truth is, you can file a lawsuit and claim financial damages for what has happened. Here is what you need to know.
Understanding Sexual Misconduct
In the age of the #MeToo Movement, more and more women have come forward to speak truth about their stories of assault, discrimination, and harassment. Of course, it is important to remember that many men are the victims of assault and harassment, as well. Misconduct can be aimed at anyone.
When we talk about sexual misconduct, it is important to separate the various forms of misconduct and the potential remedies available. Consider just a few of the broad categories and options available for survivors.
Sexual Discrimination
The federal government agency in charge of regulating and enforcing anti-discrimination laws is known as the Equal Employment Opportunity Commission (EEOC). The EEOC defines discrimination as any adverse employment actions that are based on or directed at a protected class. So, discrimination can affect people because of their race, religion, age, national origin, sexual orientation or identity, and gender.
When discriminatory actions are taken against someone because of their gender, it is considered sexual discrimination. The law allows victims of discrimination to bring a lawsuit against their employer seeking compensation when the discrimination has caused some harm or loss. These adverse employment actions can include:
- Termination
- Reduction in pay
- Denial of job opportunities
- Refusing to permit transfers
- Denying promotions or pay increases
Sexual Harassment
Next, there is sexual harassment. This is technically just a form of sex discrimination; however, it is worth distinguishing that the term harassment is usually used in situations in which an employer or superior is using one’s gender as a grounds for inappropriate behavior of a sexual nature. As the EEOC explains, harassment can take on many forms. Here are just a few examples:
- Unwelcome touching
- Unwelcome advances
- Aggressive or threatening comments
- Repeated unwelcome sexual comments
- Displaying vulgarity or sexual content
- Creating a hostile working environment
It does not always require the employer to terminate a person’s employment in order to qualify as harassment. In some cases, the behavior is so egregious that the law will regard it as a “constructive termination.” This occurs when no reasonable person could be expected to continue tolerating or enduring the behavior. However, it is important that you, as the victim, make it clear and well-known that you do not approve of the behavior and want it to stop. Often a brief initial consultation with a skilled attorney can give you the confidence and information to protect your rights early.
Sexual Assault, Abuse, and Domestic Violence
Finally, there are criminal acts that go above and beyond mere discrimination or employment-related abuses. In all states, it is a crime to touch someone against his or her will.
Consider one such example. In New York, Penal Code Section 130.52 concerns “forcible touching.” The law clearly makes it a Class A Misdemeanor to touch another person for one’s own sexual gratification or for the purpose of humiliation or embarrassment. The law is exceedingly clear about this and even goes so far as to state that it expressly includes things like grabbing, pinching, or squeezing someone.
The important thing to remember is that your body is yours alone. If a person commits an act of unlawful touching in the workplace, it could rise to both a civil and criminal charge. No employee should ever be forced to spend day after day subjected to criminal conduct. Therefore, such behavior is often a strong piece of evidence in support of a claim for constructive termination.
How to Make a Claim and Protect Yourself
The first thing any victim of sexual misconduct should do is document the behavior in as much detail as possible. Next, make it clear and well-known to your supervisor and management team that you are not okay with the behavior and you want it to stop immediately. Next, contact Heninger Garrison Davis, LLC to schedule a free consultation. Hopefully, your employer will take the message and stop the behavior in its tracks. If not, or if you face any retaliation, you will have an experienced team of attorneys at the ready, poised to take action on your behalf.
Serving clients in Georgia, Alabama, New Jersey and New York, the attorneys of Heninger Garrison Davis, LLC are here to help when you need us.
The post Yes, You can Sue for Sexual Misconduct appeared first on .
Thursday, October 11, 2018
HGD Holds Awards Ceremony for Closing Argument Competition Winners!
L-R: Erik Heninger – HGD Partner; Daron Drew – 3rd Place; Jordan Godwin – 1st Place; Tonya Howard-Mines 2nd Place; Gayle Douglas – HGD Partner; Tzena Gauldin – HGD Firm Administrator
HGD held the official awards presentation today for the 5th Annual “In Summation” Closing Argument Competition in the Stephen D. Heninger Moot Court Room. Erik Heninger and Gayle Douglas, both HGD Partners, along with Tzena Gauldin, Firm Administrator, presented each winner with an awards plaque and a cash prize. Jordan Godwin, a 2L at Cumberland School of Law, won first place in the competition. Tonya Howard-Mines, a 3L from Birmingham School of Law, took home the second place, and Daron Drew, also a 3L from BSL, won third place.
Held in the Stephen D. Heninger Moot Court Room at the downtown Birmingham office, the original field of competitors was narrowed down to a top six who paired off in the final rounds last week. The jury was comprised of HGD attorneys and staff, and HGD attorneys Drew Haskins and Chris Hood presided over the competition as the judge.
HGD holds this competition for local law school students to help promote advocacy and reward those law students for advancing their advocacy skills. Congratulations to the winners and all the law students who participated in this competition.
Jordan Godwin is presented with the 1st Place Prize. L-R: Erik Heninger, Jordan Godwin, Gayle Douglas, and Tzena Gauldin
Tonya Howard-Mines is presented with the 2nd Place Prize. Jordan Godwin is presented with the 1st Place Prize. L-R: Erik Heninger, Tonya Howard-Mines, Gayle Douglas, and Tzena Gauldin
Daron Drew is presented with the 3rd Place prize. L-R: Erik Heninger, Daron Drew, Gayle Douglas, and Tzena Gauldin
The post HGD Holds Awards Ceremony for Closing Argument Competition Winners! appeared first on .
Wednesday, October 10, 2018
Understanding the Differences Between Car Accidents and Trucking Accidents
By HGD Staff
Victims of motor vehicle crashes are often dismayed when they receive a denial letter from an insurance company. Worse yet, many victims are even denied by their own insurance companies
Trust the attorneys of Heninger Garrison Davis, LLC. With offices in New York, New Jersey, Alabama and Georgia, we have the resources and experience to tackle any size case. For those who have been hurt in accidents involving semi tractor-trailers and other large commercial vehicles, it is extremely important to understand the key differences between these large scale claims and your usual car accidents.
Severe Injuries
Perhaps the most notable distinction between a typical car wreck and a trucking accident is the extent of the injuries. Motor vehicle crashes in general have been increasing in frequency and are quickly approaching the top 10 leading causes of death among all Americans. As of 2015, the National Highway Traffic Safety Administration (NHTSA) reported that they ranked 13th among all causes of death but ranked seventh among younger Americans.
Over 36,000 people die in motor vehicle crashes each year, of which approximately 4,000 are due to large truck accidents. In 2016, there were 3,986 people killed by large truck collisions, according to the Insurance Information Institute. While trucking collisions make up a small percentage of the total accidents that occur, they result in a disproportionate percentage of the fatal crashes. Therefore, there are rarely “minor” injuries in truck collisions.
Different Defendants
A trucking accident will involve numerous potential defendants who may have conflicting interests in the case. In a typical two-car collision, both parties are regular people. They each may have a car insurance policy, they both have roughly the same resources and access to investigative tools. Both will contact their insurance companies, and they may each contact an attorney.
When a trucking company is involved, there may be numerous parties potentially responsible for causing the crash. These may include:
- Lumpers (people the driver hired to load the truck)
- Factories or warehouses where the truck was loaded improperly
- Mechanics who failed to properly fix defective equipment
- Truck or trailer manufacturers who incorrectly designed equipment
- The truck driver
- The trucking company
- Leasing company that supplied a truck or trailer
Complicated Evidence
In addition to all the possible parties at fault in causing the crash, there may also be more complicated evidence. In a typical car accident, there is a crash report, maybe some witness statements and photographs, and perhaps some data from the car’s crash recorder. In a trucking case, there can be a lot more information available, and it can be difficult to obtain unless you know where to look.
- Electronic crash data recorder (black box)
- Log books
- GPS data
- Qualcomm data
- Cell phone records
- Maintenance logs
- Bills of lading and shipping records
- Witness statements
Likewise, federal motor carrier standards apply to most interstate hauling companies, so there are many cases in which a driver was in violation of the federal standards. These regulations can be a bit complicated unless you are familiar with them.
Fast Action Required
Finally, you cannot take your time investigating a truck accident. Trucking companies often immediately launch an investigation. There have been cases in which the company had investigators and engineers on site at the scene of the crash, already photographing damage, talking to police and witnesses, and trying to clean up debris. This is going on while you, as the injured person, are on your way to the hospital. Therefore, trucking companies already have a distinct advantage.
This is why it is important to work with skilled attorneys who can immediately begin investigating and working to preserve crucial evidence before it is destroyed or altered.
When to Call an Attorney
After a collision with a commercial vehicle, your first step should be to get emergency medical attention right away. Go straight to the hospital and let doctors evaluate your injuries. If you are able, contact a loved one and have them call an attorney right away. The attorney can begin quickly moving to gather evidence and preserve your rights. Once your injuries are stabilized, you will need to follow up on your medical care and do as your doctor recommends.
The earlier an attorney is involved, the better your chances of obtaining monetary compensation for your injuries. If you or a loved one have been hurt in a trucking accident, call Heninger Garrison Davis, LLC today. We offer private free consultations, and there is never any risk for calling because we do not get paid unless you do.
The post Understanding the Differences Between Car Accidents and Trucking Accidents appeared first on .
Tuesday, October 9, 2018
Caroline Hollingsworth Named “Rising Star in Law 2018” by the Birmingham Business Journal
HGD attorney Caroline Hollingsworth was named “Rising Star in Law 2018” by the Birmingham Business Journal.
Caroline attended the University of Alabama for her undergraduate studies and acquired a degree in political science and history. She later obtained a scholarship to William Bowen School of Law in Little Rock, Arkansas. She has been practicing in the area of Mass Torts at HGD for seven years. During her tenure at the firm, Caroline has been the head of the firm’s Vaginal Mesh Litigation helping close to 2,000 clients-helped facilitate settlements. She also worked on the Syngenta Corn Litigation-which is now in settlement.
Caroline and her husband, Jonathan, have two daughters and two dogs. They attend Hunter Street Baptist Church and serve on their neighborhood’s planning committee. In her spare time, Caroline also volunteers with the Junior League of Birmingham and enjoys running and watching college football.
The post Caroline Hollingsworth Named “Rising Star in Law 2018” by the Birmingham Business Journal appeared first on .
Monday, October 8, 2018
Congratulations to the Winners in HGD’s 2018 Closing Argument Competition “In Summation”!
Congratulations to the winners in HGD’s 4th Annual “In Summation” Closing Argument Competition: Cumberland’s Jordan Godwin wins 1st Place and $1000; BSL’s Tonya Howard-Mines wins 2nd Place and $750; and Daron Drew from BSL wins 3rd Place and $500. HGD holds this competition for local law school students to help promote advocacy and reward those law students for advancing their advocacy skills.
Held in the Stephen D. Heninger Moot Court Room, the original field of competitors was narrowed down to a top six who paired off in the final rounds last night. The jury was comprised of HGD attorneys and staff, and HGD attorneys Drew Haskins and Chris Hood presided over the competition as the judges.
An official presentation of the winning prizes is forthcoming. HGD congratulates all the law students who competed the last two weeks.
The post Congratulations to the Winners in HGD’s 2018 Closing Argument Competition “In Summation”! appeared first on .
Wednesday, October 3, 2018
Congratulations to the 6 Finalists in HGD’s 2018 Closing Argument Competition!
Congratulations to the top 6 finalists in HGD’s 4th Annual Closing Argument Competition 2018, “In Summation.” The six finalists who will be competing for the top three spots this week are Christine Bussey, Taylor Dant, Daron Drew, Jordan Godwin, Dylan Scilabro, and Tonya Vines.
Heninger Garrison Davis takes great pride in this event and the learning opportunity it provides for students attending Cumberland School of Law and Birmingham School of Law. Our goal is to encourage advocacy and reward those law students for advancing their advocacy skills.
Each participant was given a trial problem and asked to present a closing argument before a mock jury that includes judges, lawyers and laypersons. The final round is Thursday, October 4 in the Stephen D. Heninger Moot Court Room in our downtown Birmingham office.
The prizes for the top three are:
1st Place will receive $1,000 & an engraved plaque
2nd Place will receive a check for $750 & an engraved plaque
3rd Place will receive a check for $500 & an engraved plaque
Good luck to all our finalists!
The post Congratulations to the 6 Finalists in HGD’s 2018 Closing Argument Competition! appeared first on .
Tuesday, October 2, 2018
Three Positive Impacts of Mass Tort Claims
by HGD Staff
Talk to most average Americans about “class action” lawsuits, and you will probably
Toxic Waste is Bad, 1984
From the 1950s through the 1970s, the Occidental Chemical Company routinely dumped toxic chemicals into a landfill in Niagara, New York. The “Love Canal” site became so hazardous that people started showing signs of chemical exposure, including increases in cancer and mortality rates. A massive class action lawsuit ultimately brought the matter to national attention.
According to court documents from the case, Skey v. Occidental Chemical, 102 A.D. 2d 130 (4th Dept. 1984), the company admitted to dumping about 80,000 tons of waste, including as many as 25 chemicals. In fact, the problem was so pervasive that the drainage site became known as “Bloody Run Creek.” Today, the U.S. Environmental Protection Agency (EPA) has entered into Administrative Consent Orders with the company in order to mitigate and prevent such problems.
Big Tobacco Changes, 1998
It is certainly easy to claim that smoking is a personal choice for adults and that government should not prohibit or interfere with that choice. But what about directly marketing to small children? How about putting addictive chemicals in a product, solely for the purpose of eliminating choice? Well, these are the issues that came up during extended tobacco battles in the 1990s, and while tobacco is still legal, you have probably noticed some changes without even realizing it.
In a sweeping class action case against tobacco companies, the tobacco industry ultimately settled for $206 Billion, being paid out over a period of 30 years. Unlike many class action cases, this one was not brought by private attorneys. Rather, the attorneys general from 46 U.S. states combined efforts to bring the case, alleging that the tobacco industry should have to pay back Medicaid (state-funded public health insurance) for the cost of treating tobacco-related illnesses. The major changes since then have included:
- Big Tobacco cannot target children
- Strict rules about how and where they can market and advertise
- Stricter warnings and labeling
The Enron Scandal
When people think of mass torts and class action cases, they usually think of cases in which people have been physically injured. Enron and its progeny just go to prove that injuries can just as easily be financial. It all started in 1985, when the company was a fledgling pipeline company arising out of a merger between two companies – Houston Natural Gas and InterNorth. Enron grew rapidly – almost too rapidly. Shortly after 9/11, Enron collapsed in 2001. The company defaulted on thousands of investments, after allegedly misrepresenting the value of stock, lying about their financials, and various other forms of internal corruption. Ultimately, the company settled with investors for $7.2 Billion.
In the wake of Enron, two major pieces of legislation were enacted. First, the Sarbanes-Oxley Act was passed in order to prevent investment fraud and hold large companies accountable to accurate reporting of profits. Next, the Frank-Dodd Act was enacted almost a decade later in 2010, after the recession. While this was in large part a response to the recession, you can find remnants of the Enron scandal throughout the legislation, which aims to protect consumers from corrupt and fraudulent banking industry practices.
Mass Torts and Class Action Claims
If you or a loved one has suffered a serious loss or injury due to a large corporation’s illegal or reckless conduct, you have specific rights. Many times, existing agreements and funds are in place to compensate victims, provided you meet specific guidelines. These large tort claims are often extremely complex and require knowledge of multi-state legislation and regulatory schemes. Common types of mass torts include:
- Defective medical devices
- Pharmaceutical (e.g. “bad drugs”)
- Defective auto parts
- Defective vehicle designs
- Improper engineering and structural designs
Whatever your injury, if your injury was caused by someone else’s carelessness or negligence, you have a right to be compensated. Call Heninger Garrison Davis, LLC to talk to an experienced class action lawyer about your case. We never charge for the consultation, and we only collect a fee if we are able to help you recover compensation.
The post Three Positive Impacts of Mass Tort Claims appeared first on .
Monday, October 1, 2018
Tim Davis selected to Officer of the Business Torts Section of the American Association for Justice
HGD managing partner, Tim Davis, was recently selected to serve as Newsletter Editor of the Business Torts Section of the American
Tim has been a courtroom lawyer for his entire legal career. Having begun his career with one of the leading litigation firms in the Southeast, Tim stepped immediately from the classroom to the courtroom. He was soon representing individuals in tort actions against major corporations and, by 31 years of age, had been lead counsel in Robins vs. National Security Insurance Companyand Williams vs. Arrow International, Inc., cases resulting in seven figure verdicts for his clients.
He was soon thereafter appointed by the US District Court to the Plaintiff’s Steering Committee representing hemophilia patients who had received HIV-contaminated blood products. The case resulted in a $640,000,000 settlement with several pharmaceutical companies.
Tim’s legal practice has broadened dramatically from his initial focus on individual personal injury cases. Along the way, his practice has included representing entire communities harmed by toxic waste. Today, a substantial portion of his practice is in the area of business litigation and in protecting the rights of intellectual property owners.
Tim is a 1981 graduate of Florida State University with a degree in Business Administration. He is a 1984 graduate of Cumberland School of Law. He currently serves as the firm’s managing partner. Tim has authored numerous articles and has been a frequent speaker at continuing legal education seminars.
American Association for Justice Business Torts Section
The post Tim Davis selected to Officer of the Business Torts Section of the American Association for Justice appeared first on .
Steve Heninger presents oral arguments to Alabama Supreme Court in Live Audience forum at Samford University
Steve Heninger
The Supreme Court of Alabama, the Birmingham Bar Foundation and Samford University’s Cumberland School of Law invited guests to observe the Supreme Court of Alabama in a unique day of oral appellate arguments on Wednesday, September 26, 2018. Among distinguished members of the state’s legal community, college and high school students from across the state also attended the session.
The Supreme Court listened to oral arguments on both sides regarding a medical malpractice case. HGD founding partner, Steve Heninger, presented the oral argument for the plaintiff. The Supreme Court of Alabama is composed of a chief justice and eight associate justices. As the highest state court, the Supreme Court has both judicial and administrative responsibilities.
The Supreme Court has authority to review decisions rendered by the other courts of the state. It also has authority to determine certain legal matters over which no other court has jurisdiction and to issue such orders necessary to carry out its general superintendence over the courts in Alabama. The Alabama Supreme Court has exclusive jurisdiction over all appeals where the amount in controversy exceeds $50,000 and appeals from the Alabama Public Service Commission.
Chief Justice Lyn Stuart, Associate Justices Michael F. Bolin, Tom Parker, Greg Shaw, James Allen Main, Alisa Kelli Wise, Tommy Bryan, William B. Sellers, and Brady E. Mendheim, Jr.
The chief justice is the administrative head of the state’s judicial system. The Supreme Court may make rules governing administration, practice, and procedure in all courts. Under this authority, rules of practice and procedure and judicial administration have been adopted to eliminate many of the technicalities which cause delay in the trial courts and needless reversals in the appellate courts.
The post Steve Heninger presents oral arguments to Alabama Supreme Court in Live Audience forum at Samford University appeared first on .
HGD Attorneys attend Women En Mass 2018 in Aspen
Now in it’s 6th year, Women En Mass was held in September and brings together the best and brightest female mass tort attorneys from across the country to
Founded and hosted by Aimee Wagstaff of Andrus Wagstaff, Women En Mass provides a chance to bond with fellow attorneys, strengthen existing relationships and create new connections in one of the most beautiful places in the Western United States: Aspen, Colorado. The world may have changed a great deal for women in America over the last 100 years, but there’s still work to be done. And WEM is the perfect opportunity to work toward solutions that can make a positive impact on the lives of women everywhere.
The attorneys attending from Heninger Garrison Davis are: Jeanie Sleadd, Amanda Williamson, and Caroline Hollingsworth – pictured to the far right in this photo.
The post HGD Attorneys attend Women En Mass 2018 in Aspen appeared first on .
Subscribe to:
Posts (Atom)