Sunday, October 9, 2011

7 Things the Amanda Knox Case Taught Us About Studying Abroad


Many thanks to Doug Bremner who provided Italian translation below...

Studying abroad is a great opportunity to learn about other cultures and yourself. However, the Amanda Knox case has prompted students to be more mindful of their actions abroad. In 2010, I had the opportunity to teach in Northern Italy and critically compare the Italian and U.S. court systems. As I prepare to teach in Italy next summer, here's a short list of items that students should know before leaving the States to their study abroad country:

1. Keep a translated statement to police in your pocketbook or wallet. Before my students travel, each of them will carry two copies of this statement, translated into Italian: My lawyer has advised me not to talk to anyone about any criminal matter. I do not wish to answer any questions without my lawyer in the room. I have the phone number for my lawyer with me.

Italian: Il mio avvocato mi ha consigliato di non parlare con nessuno qualcosa questione criminale. Non voglio rispondere ad alcuna domandai senza il mio avvocato nella stanza. Ho il numero di telefono per mio avvocato con me.

CONTINUE READING IN THE HUFFINGTON POST BY CLICKING HERE

Sunday, September 25, 2011

93-Year-Old Woman Still Teaching After 72 Years


If experience counts in the classroom, there's a teacher in Missouri that's hard to beat.

Still inspiring students, she's 93-years-old and has been teaching for 72 years. Marjorie Allen
[says...] "With someone else's life, you can make it happy. See their family and be a part of their world."

Continue reading 93-Year-Old Woman Still Teaching After 72 Years

Friday, September 9, 2011

Instilling Professionalism & Humor in an Adversarial System



This year, let's raise the bar on Professionalism among Paralegals and attorneys.  

"Instilling Professionalism & Humor" is  based on many presentations I've conducted  over the years for Paralegal organizations, law firms, and companies.

Click on image twice to enlarge.

PARALEGAL SEMINARS (90 min.) & KEYNOTES (45 min.)

- Advanced Legal Writing Skills
- Instilling Professionalism & Humor in an Adversarial System
- Litigation 101 - For New Paralegals & Clerks
- Litigation 201 - Advanced Litigation & e-Discovery

Professor Binder is on the Advisory Board of the NYC Paralegal Association.  He specializes in complex litigation and social media issues in the employment setting.  For more information, please visit:

CONTACT PERRY

Perry Binder, J.D.
Member: The Florida Bar, ASTD
MPI Platinum Program Speaker, 2009-present


Motivational speaker, employee engagement, NSA member
Travels from Atlanta

Perry Binder
P.O. Box 3774
Alpharetta, GA 30023
404-402-1892

Thursday, August 11, 2011

Upcoming 9/11 Trial Isn't About Money But Elusive Justice




Exactly one month before the 10 year anniversary of 9/11, I discuss the upcoming high profile trial in The Huffington Post

Please forward to others, post on Facebook, and even post comments.

The Upcoming 9/11 Trial Isn't About Money But Elusive Justice

"Money is the universal lubricant. It makes it easier to go on with one's life."--Judge Alvin Hellerstein

Ten days after Sept. 11, 2001, Congress passed the September 11th Victim Compensation Fund. The law was designed to provide government relief to family members of victims and to those who were injured on the ground. In order to participate in the program, which paid out over $7 billion, claimants waived the right to litigate.

Of the 96 families that chose to litigate, all eventually settled except for one. The wrongful death trial against United Airlines and airport security firm Huntleigh USA begins Nov. 7, 2011, more than 10 years after victim Mark Bavis left Logan Airport in Boston on UAL Flight 175, the second plane to hit the World Trade Center.

Continue Reading:
http://www.huffingtonpost.com/perry-binder/9-11-trial_b_923234.html

Tuesday, July 26, 2011

9-11 UAL Flight 175 Civil Trial Begins in November


As a native New Yorker, I am personally connected to the events surrounding 9-11, and have commented on the Victim Compensation Fund and ensuing litigation for media outlets including The New York Times, Associated Press, and CBS Radio. My position paper on 9-11 Airline Liability and letters to Judge Hellerstein and the NY Attorney General are available at http://www2.gsu.edu/~rmipzb/9-11.htm.

Of the thousands of claims made by victim families, only one family refused to settle, seeking answers rather than money on how the hijackers made it past security at Logan Airport in Boston, MA on September 11, 2001. The trial of Bavis v. United Airlines (Flight 175) is scheduled to begin on November 7, 2011.

I am working on an article about the upcoming trial, which will appear in The Huffington Post in early September 2011.


Judge May let 9/11 Lawuit Pursue Damages for Suffering on Doomed Flight
The final minutes of the passengers on
United Airlines Flight 175, the second plane to strike the World Trade Center, were sheer horror, as reported in calls to the ground. The hijackers used pepper spray and knives. A flight attendant had been stabbed; both pilots had been killed.


Wednesday, July 6, 2011

Roger Clemens' comments can come back to haunt him


Below is what I said about Roger Clemens in 2008:

Famed criminal defense lawyer Alan Dershowitz, a law professor at Harvard, believes Clemens has walked into a perjury trap.

"My strong suggestion to Clemens is that he take the Fifth Amendment, and that he not walk into this perjury trap," he said.

But Hardin has said all along his client plans to testify today. That could be risky, says Perry Binder, professor of legal studies at the Robinson College of Business at Georgia State.

"Any time you've got stuff under oath by someone else or yourself, there's always the opportunity to be impeached with what you've already said," Binder said.

Dershowitz believes it's likely Clemens will face criminal prosecution at some point.

Well, here we are today.

Continue reading from 2008 article: It's T-minus one for Rocket

BRIAN McTAGGART, 02/13/2008 Houston Chronicle

Sunday, July 3, 2011

Teacher who dropped out inspires at-risk students


Excellent and inspiring article for students of all ages:

Tears well up in Deborah LaPlante’s eyes as she sits at the back of the Orleans Arena, watching intently as her students file one by one across the stage to receive their high school diplomas.

As with most graduations, it’s a joyful occasion. Parents are smiling, teachers are beaming and students are radiating pride and hope for the future.

LaPlante, a 51-year-old teacher at Chaparral High School, never experienced the triumph of a high school graduation. In 1976, she dropped out of Orange Glen High School in Escondido, Calif., just a few weeks into her junior year. She was 16.

Continue reading: Teacher who dropped out recalls experience to inspire at-risk students
http://www.lasvegassun.com/news/2011/jun/21/chaparral-teacher-uses-personal-experience-inspire/

Wednesday, June 22, 2011

Learning Empathy by Looking Beyond Disabilities


Excellent article in the NY Times for high school teachers:

The unusual lessons are part of a new effort, called the Pearls Project, to promote tolerance and empathy in a school culture where being different can mean social exile. Ridgewood teachers developed it this year in partnership with Positive Exposure, a nonprofit group in New York City founded by Rick Guidotti, a fashion photographer.

Mr. Guidotti, who has photographed supermodels like Cindy Crawford and Claudia Schiffer, began snapping pictures of children with genetic disorders in 1997. A year later, Life magazine published his photo essay on albinism, titled “Redefining Beauty.” His work with these subjects has also been displayed in galleries, medical schools and children’s hospitals, as well as at Harvard University and at the Smithsonian Institution’s National Museum of Natural History.

For the Pearls Project, Mr. Guidotti photographed 11 young people, each with a different disability. He also arranged for them to blog about their experiences and answer questions from the Ridgewood students. The subjects are identified only by their first names — Byron, Ashley, Rebecca, et al. — and come from various states.

Continue reading Learning Empathy by Looking Beyond Disabilities

http://www.nytimes.com/2011/06/22/nyregion/at-nj-school-learning-not-to-look-away-from-the-disabled.html?_r=1&ref=education

Sunday, June 19, 2011

The Importance of Education, from Walt Frazier


Former NY Knicks basketball legend Walt Frazier discusses the importance of education:

"I grew up in very humble beginnings in Atlanta, Georgia. I'm the oldest of nine kids -- seven sisters and one brother, so I often tell people when you grow up in a scenario like that, you either like kids or you hate them. I've had an affinity for kids for a long time. When I came to the Knicks, they were my most ardent supporters. They bought my books, they bought my Clyde sneakers, they attended my camp. So today I feel compelled to give back.

"One of the things I do under my Walt Frazier Youth Foundation is I go into the schools and talk about the importance of education and the abstinence of drugs and alcohol. I go to inner-city schools and I also go to the elite schools. I usually ask the kids, 'How can you improve your relationship with your parents?' Whether it be the inner-city school or the elite school, they say 'communication.' They say, 'My parents don't communicate.' I think you can't motivate people unless you communicate, so you gotta talk to those kids, look in those eyes when they come in, know what they're doing, know their friends, and that's going to be essential for their success.


Continue reading Walt Frazier recognized as a "Fab Father"
http://espn.go.com/blog/new-york/knicks/post/_/id/5404/walt-frazier-recognized-as-a-fab-father

Sunday, June 5, 2011

Speaking for GAP during Paralegal Week: June 13th CLE Luncheon on Professionalism


I hope everyone in Metro Atlanta joins me for a FUN (I promise) CLE Luncheon for The Georgia Association of Paralegals (GAP):

Instilling Professionalism and Humor in an Adversarial System
Perry Binder, J.D.
DATE: Monday, June 13, 2011
TIME: 12:30 pm – 2:00 pm (Lunch, then speaker will begin at 1:00 pm)
LOCATION: Nelson Mullins
Atlantic Station Atlantic Station
201 17th Street NW, Suite 1700
Atlanta, GA 30363

COST: Free

SPONSOR: ParaNet
DEADLINE: June 10, 2011
REGISTRATION: Registration online. Open to the first 40 registrants.
http://www.gaparalegal.org/June13_rsvp.shtml

Former civil litigator turned professor, Perry Binder, offers paralegals a mirror to reflect on unacceptable behavior witnessed in the practice of law. Participants get to “learn by example,” with Perry’s original and hilarious lessons. The ultimate goal of the session is for paralegals to envision living a rewarding professional life, through civility, humor, humility, and stress reduction. Perry uses examples dealing with law or other professions to draw behavioral parallels evidenced by legal professionals.
http://perrybinder.com/ParalegalTopics.htm


Thursday, June 2, 2011

Bad Luck and Hard Times on the Menu at a Bus Terminal in West Virginia




This article in The New York Times resonated with me, as someone who writes about West Virginia and who was a Greyhound ticket agent/baggage handler in New York state's so-called rust belt

Bad Luck and Hard Times on the Menu at a Bus Terminal in West Virginia

by Sabrina Tavernise

WEIRTON, W.Va. — The bus terminal in this old mill town used to be for people who were going places. Greyhound would take them to nearby Pittsburgh and Cleveland and other cities where the steel industry was booming. These days it is a diner where no one goes anywhere and regulars sit for hours smoking cigarettes, playing slot machines and talking about sports. it still has the same name, Bus Terminal, and a painted map with a clock for each time zone. But the promise of travel has long faded and the faces here remain the same, a cast of characters who fill the hours with verbal boxing.

CONTINUE READING:


Thursday, May 26, 2011

"Illegally Funny" in the Classroom article in NSA Speaker Magazine


As a proud member of NSA, the National Speakers Association, I wrote this month's "Humor Me" column in Speaker magazine. Enjoy!

Illegally Funny

I never dreamed of being a college professor. Does anybody? When my third-grade teacher asked us about our dream job, Molly said astronaut. Evan: actor. Perry: Obtain a terminal degree and lecture on legal morasses.

Continue reading by clicking .jpg to the left (enlarge article by clicking .jpg again)

Perry

Thursday, May 19, 2011

Oprah's Inspiring Fourth-grade Teacher, Mary Duncan


As Oprah winds down 25 years, she recalls her inspiring moments:

One of the defining moments of my life came in fourth grade—the year I was a student in Mrs. Duncan's class at Wharton Elementary School in Nashville. For the first time, I wasn't afraid to be smart, and she often stayed after school to work with me. I thought I would one day become a fourth-grade teacher.
http://www.oprah.com/oprahshow/Oprahs-Top-20-Moments/3

Reunion: Oprah's Favorite Teacher was on the Show - Includes Video http://www.oprah.com/oprahshow/10-Memorable-Oprah-Show-Reunions/2

Saturday, April 30, 2011

Race to Nowhere Movie Review


This documentary is an interesting response to Waiting for Superman. Excellent movie review in Slate...

By the end of this school year, about half a million people will have watched the documentary Race to Nowhere. This stealth juggernaut can't be seen on TV, in any multiplex, or on DVD. But since the fall of last year, it's been shown almost 2,000 times in school auditoriums and community centers across the country—mostly to parents beset with the fear that they're blowing the raising of their kids. The emotional discussions following the screenings—part catharsis, part call to action, part finger-pointing—are excellent introductions to the contentious debate about what we want from our kids and from the people who educate them.

First-time filmmaker Vicki Abeles, 49, a Northern California lawyer and mother of three, was moved to pick up a camera when her children started suffering from school-related headaches, stomachaches, and panic attacks. What she produced is a wide-ranging polemic against our current education system that is artless, occasionally overwrought, and undeniably powerful. It confirms—and stokes—the unease many parents have about how miserable much of childhood seems today. It also sets up Abeles as the anti-Amy Chua. In
Battle Hymn of the Tiger Mother, Chua's thesis is that if you let up, your kid will become a coddled American slacker. Abeles offers the antithesis. She argues that part of America's greatness is born of our misfits and dreamers, that our gift to our children is time to engage in "aimless" play.

Continue Reading Battle Hymn of the Anti-Tiger Mother

Sunday, April 24, 2011

Inspirational community college students swap ideas

California is nearly broke, the educational system is struggling and the economy remains wobbly.

But a large group of energetic and idealistic young college students gathered this weekend in San Jose to strengthen the one thing they can count on: one another.

In a competition of inspirational ideas for boosting graduation rates, teams of students from California's community colleges swapped strategies that ranged from peer counseling to a massive textbook exchange. The winners got grants worth up to $7,500 and one year of professional advice from the group Mobilize.org, supported by the Knight Foundation.

Continue Reading: Inspirational community college students swap ideas

Sunday, April 17, 2011

Top 10 Spelling Errors in Law Papers

As students finish another semester with a flurry of papers, here's my list of mistakes that students (and attorneys) make all of the time

1- File a mew (new) motion
2- Going to trail (trial)
3- Singing (Signing) an Agreement
4- The Compliant (Complaint)
5- Tired (Tried) to flee the scene
6- Breech (breach) of contract
7- Statue (statute) of limitations
8- Legal principals (principles)
9- The principle point (principal)

10-Recover principle (principal), court costs, and interest

Honorable Mention…
A faulty (faculty) member – maybe the student got this one right

Painful Mention...
An attorney filed a Motion in court asking the judge for more time due to his upcoming back disk surgery; however, he mistakenly placed an unfortunate "c" where the "s" should be in the word "Disk."

This entry was originally posted in July 2010

Sunday, April 3, 2011

Amanda Knox case update

Here's an article from Italy which gives an update on the case, as provided by Seattle reporter Candace Dempsey:

The ‘collapse’ of the charges at the appeal court.
By Giangavino Sulas

April 2011, Perugia.
The scientific proof, finally entrusted to experts nominated by the appeals court and not just to the police, is deteriorating and opens up disturbing questions about the procedures used. The witnesses, who when they were not drug addicts (like Hekuran Kokomani and Antonio Curatolo), have problems of deafness, of physical as well as mental health serious enough to be hospitalized in the psychiatric department. (That is the case with Nara Capezzali).

This is the Perugia appeals court for the murder of the British student Meredith Kercher. Before the bar are two suspects and on the bench a good three prosecutors (a public prosecutor and two deputy prosecutors). A number worthy of a Cosa Nostra super trial. Evidently there are a few problems. And the problems unfailingly emerge.

If Meredith’s bra clasp, on which the prosecutor maintains is revealed the DNA of Raffaele Sollecito, is now rusted and no longer capable of being analyzed by the experts entrusted by the appeals court, and if the only witness who claims to have seen Amanda and Raffaele together the night of the crime has changed versions, advancing a “vision” of the previous night, what remains against Raffaele Sollecito, the young man from Puglia?

And what remains against Amanda if, always according to the experts, the amount of biological material found on on the knife, the presumed crime weapon, is a level too low to be able to reveal the genetic code? Recall that this is the biological material from which the forensic analyst extracted the DNA of Meredith (on the tip of the blade) and of Amanda (on the handle.)

On the blade there is no trace of bleach
The experts added as well another particular: there was no trace of bleach on that knife. Then it had never been washed to clean the traces as maintained by the forensic police. The only proofs against the two young people have been cleaned away, but Amanda and Raffaele remain in prison after three and a half years. The young man of Puglia has celebrated his fourth consecutive birthday in a cell.

March 26, 2001 was the day for Antonio Curatolo, the homeless man who, since he decided to follow the way of Christ (he defines himself as a Christian anarchist but admitted to make regular use of heroin and other drugs) spends his days and his nights on a Piazza Grimana bench, in front of the University for Foreigners. He appeared before the court because the lawyer Luca Maori, Sollecito’s defense lawyer, discovered a few too many holes in the testimony given by the homeless man to prosecutor Giuliano Mignini, six months after the crime.

Curatolo–who in the last few years in Perugia helped police resolve two heinous crimes thanks to his timely presence on the spot where they occurred–went to court to reveal that on the night of November 1st, 2007 he had noted, from 9:30 p.m until 11:30 p.m., Amanda and Raffaele in Piazza Grimana speaking animatedly. And he tied his memory to the presence of the shuttle buses that at that hour carry young people to the various discos outside of Perugia.

Testimony that destroyed the alibis of the two young people, who’ve always said that they spent the night of Nov. 1 watching a movie together. But there was something wrong with seeing buses on that night. In fact, the owners of the various discos, from Giorgio Brughini, father of Marco Materazzi, to the director of “siae di Perugia,” came to court to say that on the night of November 1, the night after Halloween, all their businesses were closed and the buses stayed in the garage. A solid blow to the prosecution, which quickly removed the tramp. And Curatolo had come into court accompanied by a prison guard.

The homeless man and the experts

He’s serving a sentence of one year and a half in prison for selling cocaine. And in November he can expect another trial for drug dealing.

Before the appeals court judges overturned his deposition: “It was Oct. 31 when I saw Amanda and Raffaele. I remember all the kids were in costume.” Clear reference to the night of Halloween. End of testimony. Curatolo has gone back to prison.

He’s not going to solve the third murder in Perugia. Carla Vecchiotti and Stefano Conti, professors at Sapienza University in Rome, are the experts chosen by appeals court judge Claudio Pratillo Hellman when he decided to reopen the investigation and to appoint non-partisan experts because of too many obscurities in the courtroom.

In the first trial, independent experts had inexplicably been rejected.

The two experts should determine whether forensic science can verify what the police verified and whether the (police) forensic expert, when looking at the hook and the knife, applied the cautious protocols established for this analysis and if they can identify contamination.

For the knife, they seem already to have reached a conclusion. After taking samples from different points of the blade, they found an insufficient quantity of biological material. Insufficient to obtain genetic profiles for testing. Then how could they get the DNA of Amanda and Meredith?

The prosecutor Giuliano Mignini is quick to point out: “We knew that very little material was available and that the lab test done by the police was unique because it used up all there was.”

Then why did the court order new tests? In reality, the two experts rejected the work of the police, saying “on that knife there was never enough to get biological material to get DNA profiles.”

This is the truth that emerges from the sensational and shocking new report.

The bra clasp: The only bit of evidence said to link Raffaele Sollecito to the crime is too rusty to test.

Chain of errors.
And the discovery made on the second finding is even more astonishing. When the experts received the bra clasp of Meredith, they found it covered with rust. “Could not be tested,” they ruled.

But where and how it was this important piece of evidence preserved? How is it possible that nobody thought to keep it sealed in a vacuum bag? The history of this clasp after Raffaele Sollecito’s three and a half years in prison really is unique. On the afternoon of November 2, 2007, it was found under the body of Meredith by medical examiner Luca

All of a sudden, someone remembered the hook. They rushed to recover in a house that had, in the meantime, undergone two searches. They found it and, surprise, there was the DNA of Raffaele.

Now there’s just rust.

http://blog.seattlepi.com/dempsey/2011/04/03/new-revelations-no-evidence-against-amanda-knox-and-raffaele-sollecito/

Friday, April 1, 2011

Instilling Professionalism and Humor in an Adversarial System


Yesterday, I was the general session speaker for a Litigation Paralegal Conference. I asked participants for one word answers on the positive aspects and negative aspects of the legal profession. A sampling:

Positive aspects of the legal profession
Justice (4 people), help others (2), Electronic discovery (2), equitable, resolve issues, equal, service, interesting, fairness, nothing is the same every day

Negative aspects of the legal profession
Injustice (3 people), chaotic, time, rules, slow, frustrating, too serious, disparity, time sheets, difficult, adversarial, lack of communication, unethical

....................................
Spring Break
On a different note, this is spring break for many public school children. I found a good Op-Ed for us all to read as we think of and thank our teachers who get a well deserved rest:

What I Learned at School

THE tumult over state budgets and collective bargaining rights for public employees has spilled over into resentment toward public school teachers, who are increasingly derided as “glorified baby sitters” whose pay exceeds the value of the work they do.

But how exactly do we measure the value of a teacher?

Continue reading:

http://www.nytimes.com/2011/03/31/opinion/31lee.html?_r=1&ref=education

Monday, March 28, 2011

Wal-Mart Gender Discrimination case - My Comments in 2003


As you may know, the U.S. Supreme Court agreed to hear this case.

At issue is whether the justices should allow certification of the largest class-action employment lawsuit in U.S. history, a long-standing dispute against mega-corporation Wal-Mart Stores Inc. over alleged gender bias in pay and promotions. Arguments in the case are Tuesday morning and ruling can be expected by late June.

http://www.cnn.com/2011/US/03/28/scotus.wal.mart/

My Comments to various media outlets in 2003 and 2004:

USA Today:
"The potential damages are huge," says Perry Binder, a legal studies professor at Georgia State University in Atlanta. "Other businesses will watch this very closely."
http://www.usatoday.com/money/industries/retail/2003-09-24-walmart_x.htm

The Associated Press:

Perry Binder, an assistant professor of legal studies at the Robinson College of Business at Georgia State University in Atlanta, said the judge's ruling will be critical for both sides.

"Any time a class gets certified, there is power in unity. Any time a class-action suit is not certified, then you have to have individual plaintiffs filing individual lawsuits," Binder said.

"This is the biggest leverage point -- which party's got the leverage is the biggest (aspect) of a lawsuit," he said.

The plaintiffs describe several examples of discrimination, including a required meeting for female managers that was held at a strip club. Another meeting allegedly occurred at a Hooters restaurant, which is known for scantily clad female servers.

"The key is whether there is a systematic, across-the-company level of gender discrimination," Binder said. "What the plaintiffs have to prove is that this truly is a (men's) club."...

Binder said the plaintiffs have to come up with "smoking gun documents."

"The key for the plaintiffs is to find documents that link Wal-Mart to nationwide discrimination," Binder said, making it clear he doesn't know whether such documents exist.

Binder said the plaintiffs have to subpoena electronic archives of internal e-mails, computer files, instant messages and the like.

"This is going to be a very costly proposition. This is what litigation is in the 21st century -- searching computer banks for so-called deleted e-mails," Binder said.



The Atlanta Journal-Constitution:
Published on: 06/23/04
"Prior to [Tuesday's] rulings, Wal-Mart had zero incentive to settle this case," said Perry Binder, legal studies professor at Georgia State University's Robinson College of Business. "However, now the plaintiffs can fight on a unified front and have leverage to force the issue."...

Already the case has generated more than 200 depositions and a million pages of documents. One expert estimated if the case went to trial, damages could soar into the billions of dollars.

"If there was a settlement, it likely could dwarf the settlement in the Home Depot case," Binder said of the 1997 sex discrimination suit in which the Atlanta-based home improvement chain paid $104 million, without admitting wrongdoing, to 25,000 female employees.

AJC News Archives: http://tinyurl.com/4ztzq3q

Friday, March 25, 2011

Professionalism & Humor for Paralegal Professionals

I'm the general session speaker for a Paralegal Conference on March 31 in Atlanta. My session is:
Instilling Professionalism and Humor in an Adversarial System

Below are some quotes I use in this presentation:

Quotes to get you through your hectic day

- Effective communication with your attorney
I really didn’t say everything I said. Yogi Berra

- Dealing with mistakes
So go ahead, fall down. The world looks different from the ground. Oprah Winfrey

- Handling ethical issues
Those are my principles, and if you don’t like them…well, I have others. Groucho Marx

- Getting work done with little fuss - qualities of the well-rounded and grounded employee
If I only had a little humility, I’d be perfect. Ted Turner

- Going to the next level, and what that means to YOU
It isn’t where you came from, it’s where you’re going that counts. Ella Fitzgerald
If you don’t know where you’re going, when you get there you’ll be lost. Yogi Berra

- Being proactive - taking responsibility/ownership for tasks
Life’s under no obligation to give us what we expect. Margaret Mitchell
When you come to the fork in the road, take it. Yogi Berra

- Knowing when to ask questions, and who to ask
Every great mistake has a halfway moment, a split second when it can be recalled and perhaps remedied. Pearl Buck

- Managing deadlines
Due to a lack of interest, tomorrow has been cancelled. Anonymous

- Dealing with conflict and adapting to change in a professional manner
The need for change bulldozed a road down the center of my mind. Maya Angelo
Change is good. You go first. Dilbert

- Teamwork
Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever does. Margaret Mead
Remember, nobody wins unless everybody wins. Bruce Springsteen

Former civil litigator turned professor, Perry Binder, offers paralegals a mirror to reflect on unacceptable behavior witnessed in the practice of law. Participants get to “learn by example,” with Perry’s original and hilarious lessons. The ultimate goal of the session is for paralegals to envision living a rewarding professional life, through civility, humor, humility, and stress reduction. Perry uses examples dealing with law or other professions to draw behavioral parallels evidenced by legal professionals.

Saturday, March 19, 2011

McDonald's Spilled Coffee Case Revisited


Yesterday I attended a Georgia lawyers conference (I'm a Florida Bar member) on million dollar verdicts in personal injury cases. In one of the cases, a women got a $1.25 million verdict for getting burned from her wrist to her knuckles by a cappuccino machine at a convenience store. The jury awarded $700,000 for her pain and suffering, and $525,000 for future medical expenses (the case was settled thereafter for a confidential amount)

At first blush, these verdicts sound laughable to the general public. On closer examination though, the media accounts usually leave out the important facts. The plaintiffs showed negligence on the part of the store. (that an employee cleaned the machine but failed to replace an internal part which led to the scalding) In addition, the woman's second degree burns caused nerve damage and excruciating pain which required heavy narcotic medication and necessitated the implantation of electronic stimulators on her spine - all of this a full year after the incident.

That case got me thinking again about the famous McDonalds coffee spill case from 20 years ago. Do you remember the media version or do you know all of the facts? This article helps give the other side of the story:

The Actual Facts about the McDonalds' Coffee Case
http://www.lectlaw.com/files/cur78.htm

Related to the McDonalds case, here's a portion of my upcoming presentation to Insurance professionals from ten countries, entitled:

OVERVIEW OF THE UNITED STATES CIVIL COURT SYSTEM & PRODUCTS LIABILITY LAWS

Questions to think about before our session:

A lawsuit can last anywhere from two to ten years in the United States. (I worked on two cases lasting thirteen years!) How does this compare with court cases in your country?

In some civil cases, a U.S. plaintiff may request punitive damages, pain and suffering, emotional distress, and loss of a spouse’s love and affection. How do these types of damages compare with remedies in your country?

Is the U.S. legal system “out of control,” as many in the insurance defense industry suggest, or does the media only highlight and portray the most outrageous cases in its news reporting?

Today’s “Takeaways”:

- The U.S. legal system is at times inefficient, with lengthy appeals and little control over the Discovery process at the trial level

- Arbitration is a viable alternative to litigation but it is very difficult to appeal an adverse ruling

- What defendants fear the most in the U.S. legal system:

o Punitive damages, pain and suffering awards, juries

- What plaintiffs fear the most in the U.S. legal system:

o Delayed justice, attorney fees, and court costs

- The media shapes public perception of the U.S. and international legal systems

o The McDonald’s coffee spill case and the BP Oil case

o The Amanda Knox case

§ The U.S. and Italy’s court systems and media

I. Beginning the litigation process – you need “standing to sue”

Sample “Causes of Action” – Products Liability Case

A. Negligence - -was the defendant careless?

1. Liability

-Duty of defendant to plaintiff

-Breach of duty (failure to act “reasonably”)

-Proximate Cause

2. Damages

- when can a plaintiff seek Punitive Damages?

Other causes of action

B. Gross Negligence

C. Fraud

D. Emotional distress

F. Loss of consortium

G. Strict Liability - -The manufacturer of a product may be liable to a customer even if it is not "at fault" - in other words, even if the manufacturer acted "reasonably"

H. Breach of Warranties

II. Legal Theories to Sue the manufacturer of a product

  1. Failure to warn customers of dangers
  2. The particular product the customer bought was defective
  3. The overall design of the product is defective

Which theory or theories did the plaintiff use in the McDonald’s spilled coffee case?

III. Types of Damages

-economic

-non-economic (pain and suffering)

-loss of consortium

-punitive