The Rutherford Weinstein Law Group, PLLC blog, covering legal news as well as items of interest to clients, potential clients, and anyone else who happens to view the page. . . . www.knoxlawyers.com
Tuesday, January 24, 2012
Now, when you talk about frivolous lawsuits, here's an example. By pleading guilty to a criminal offense, he essentially is admitting civil liability for the same incident. It's a bit difficult (uh, impossible) to overcome his own admission in the criminal case.
His lawyer, who is also his sister, filed the lawsuit. I wonder if she has any experience in personal injury claims or litigation, because it sounds like a real boneheaded move to me.
Even more seriously, he was charged with failure to obey a traffic sign. Oooh.
It's unfortunate that in our supposedly enlightened world, there is still a distinction drawn between bodily injury and the just as legitimate emotional or psychological injury.
Thursday, January 12, 2012
Here's a story on the facts of the incident.
At first blush, this looks like just another stupid idea by politicos who obviously need to get a life. But consider. How many of us would just not go to an understaffed, overcrowded ER, regardless of how we felt? Or, how many of us would wait a few days to see if we had any real accident-related injuries before seeking medical treatment. Perhaps, those Repubs are just trying to winnow down the number of claimants who could legitimately make a claim. Devious, and heartless. And certainly not in the best interest of the constituents the claim to represent.
Shameful.
Unfortunately, when it comes to nursing homes, these types of incidents are all too common.
Wednesday, December 21, 2011
If that is the case, then who are the geniuses who are crying wolf, demanding that Social Security gets cut down? My guess is that those critics don't rely on Social Security.
Tuesday, December 13, 2011
It has built up a $2.5 trillion surplus, largely in anticipation of the growing numbers of baby boomers who are beginning to claim Social Security benefits. It was always expected that this surplus would shrink over time, but it is clear that the steep recession has accelerated this decline. There clearly is a need to make some changes in the program to restore its long-term funding and spending balance. But there is no crisis in Social Security and no reason to scare the daylights out of the more than 50 million Americans who depend on the program's retirement and disability benefits.
Which begs the question: who is spreading the unfounded rumor that Social Security is in imminent danger of collapse? And why are they spreading it?
Wednesday, November 09, 2011
1.Make sure there is nothing you would not want your mother or the insurance company lawyer to see.
2.Search your name to see that what comes up is acceptable. Make whatever adjustments are necessary.
3.Check your privacy settings.
4.Don't answer emails or requests from people you don't know. (Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.)
5.Don’t accept a Facebook friend that you don’t know. Set up your Facebook to require an email before you will accept a new friend.
And, speaking as a lawyer who knows that most lawyers are way behind the technology curve, volunteer to your lawyer if you are prominent on Facebook, Twitter, or other social media. It could make the difference between a salvageable case and getting blindsided at trial.
Monday, November 07, 2011
I'm glad that guy's not a hit man. After all, erroneous termination is a bad thing, right?
The arbitrary five month waiting period is ridiculous. And is the "People's House" (House of Representatives) doing anything about it? No:
That bill, the Social Security Fairness for the Terminally Ill Act of 2009, was not passed before the session of Congress in which it was proposed ended.
Today there is a new bill in the House of Representatives — the Social Security Fairness for the Terminally Ill Act of 2011 — that aims to do the same thing. The bill is currently under legislative review.
What do you want to bet that the pending bill never sees the light of day?
Tuesday, October 25, 2011

The great Kittiwake camera mystery: do you know this diver? Apparently the camera, containing undated photos of Grand Cayman diving [that's the famous Sunset House mermaid in the photo] was found by a diver off the Florida coast.
Wednesday, October 19, 2011
Potter, certainly a guy in a position to know, said further that "there are no government 'death panels.' The law doesn't cut Medicare benefits and it doesn't call for a 'government takeover' of health care. . . . My colleagues and I came up with that term to scare the heck out of people." (emphasis added)
Anybody else feel manipulated and deceived?
We do not believe the Legislature intended to make a citizen drinking a beer while cleaning out his vehicle parked in his driveway guilty of a crime because the vehicle is overhanging the sidewalk," Justice William Connoly wrote in the 38-page ruling.
The county court concluded that because McCave had stated that he was leaving while he was in his vehicle with the keys in the ignition and the motor off, the officers could infer that McCave drove to (his father's and stepmother's) house intoxicated. We disagree.
For once, a sensible decision from the courts. Too bad it had to go all the way to the state supreme court first.
You know, I see all this talk about budget cutting and how the lower and middle income people are going to have to suffer and sacrifice for the good of all. When are the wealthy people, who can most afford to make some sacrifices, going to be called upon to do their share?