Articles Posted in Miscellaneous

Three teenage girls turned into the driveway of Mr. William Cherry around midnight because they were lost and low on gas. The driver says she turned into a driveway at the suggestion of the 911 dispatcher that she had called for help. Cherry, fearing that the occupants had come to rob him, allegedly fired a warning shot and then three shots that hit the car. Allegedly, the last two shots were fired as they were backing out of the driveway.

Mr. Cherry received pretrial diversion in a criminal case; the charges against him were reckless endangerment and aggravated assault.

The Tennessean now reports that the girls have sued him for emotional injuries arising from the incident. At least two of the girls have sought counseling.

OK, I know that it is off topic but I can’t help myself.

First, the President said that he would “take care” of anyone who violated the law concerning leaking information about a CIA agent.

Yesterday, the President said he would fire anyone convicted of a crime concerning the matter.

Here are the talking points the RNC is distributing concerning the Rove controversy.

Now you have another reason not to watch Fox News – you got its spin on the Rove story right here.

Another long week ….

I am at our cabin which is located about 80 miles south of Nashville. We are on Tim’s Ford Lake, a 10,000 acre, 34 mile long TVA lake created by the waters of the Elk River. My wife is preparing for a products liability trial that starts in federal court on July 25 so I am here trying to juggle 2 kids, 2 of their friends, and our black lab, Doobie.

It remains to be seen what percentage of my already diminished sanity level I will have on Monday morning. If it rains I will be in rehab in Arizona by Sunday.

The Florida Supreme Court has held that a person may not file a spoliation of evidence lawsuit against an adversary who has lost evidence concerning his or her personal injury claim. However, the trial court may give an adverse inference instruction on the point. Read the opinion here.

This decision is consistent with the law of most jurisdictions.

Thanks to Abstract Appeal for advising us about this decision.

The only thing more frustrating than a lawyer who lies in memos and briefs is a judge who refuse to call down the lawyer that did it. Part of the judge’s job is to rein in people who knowingly misquote cases or misquote the evidence in cases.

I am not talking about lawyers who make an argument based on decision that could be distinguished by the dimmest dimwit in the Bar. That is poor lawyering, but it is not dishonest. And there is nothing wrong with taking the strongest view of the facts supported by the record, particularly if you are entitled to take that position under the case law.

I am talking about people who routinely insert material into memoranda of law and briefs that is not true. That will stop if judges are willing to call the offending lawyer down on it.

Former Alabama football coach Mike Price is suing Time, Inc. for defamation because of a Sports Illustrated article that stated that he engaged in sexual conduct with several women in a hotel in Florida. Price was fired from his job.

There is a fascinating article on the front page of today’s WSJ about this case. Click here to read the article (registration required). My friend Steve Heninger from Birmingham represents Coach Price; he could not have a better lawyer.

Listen to Mel Gibson, Michael Douglas, and others read the Declaration of Independence for our listening pleasure.

Thanks to Dennis Kennedy for bringing this to my attention.

What did the President know above Karl Rove’s role in the outing of Valerie Plame and when did he know it?

Rove was suspected early on but did not admit that he was a source. Instead, Rove played cute. Reuters says that “Rove has carefully chosen his words when questioned about the leak. ‘I didn’t know her name. I didn’t leak her name,’ he told CNN last year when asked if he had had anything to do with it.”

But Reuters reports that “the Newsweek article said an e-mail Cooper sent his bureau chief after briefly talking with Rove stated that ‘it was, KR said, Wilson’s wife, who apparently works at the agency on wmd (weapons of mass destruction) issues who authorized the trip.'” OK, I understand now, he didn’t link her name, he only leaked that the wife of Joe Wilson worked for the agency. I am sure that he thought Joe Wilson had dozens of wives and that our enemies would never be able to identify which one worked for the CIA.

Yes, there is a board certification for lawyers. For civil trial lawyers, the only national certification program is one offered by the National Board of Trial Advocacy. See the NBTA website here.

I am honored to be the Immediate Past President of NBTA and have served on the Board for many years. It is a fine organization, committed to helping consumers find a competent, ethical lawyer.

Read the standards for certification of a civil trial lawyer here.