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Posted by on May 5, 2019 in Liability | 0 comments

The Difficulty of Determining Liability

One of the first and most important aspects of litigation is determining the person or the group of people responsible for the action at hand. In an accident, liability can be difficult to determine. In court cases or lawsuits involving environmental hazards, liability is easier to discern because it is the owner of a premises’ job to maintain a safe environment.

Determining liability is important because a person who does something negligent or wrong must be held responsible in a fair criminal justice system — the goal of everyone involved in a legal dispute. In this article, I discuss the difficulty of figuring out who is responsible for something.

Who Did It?

One of the first barriers to liability is understanding who is to blame for certain, fundamental actions. For example, in a hit-and-run case, it may be impossible to discern who is liable for the damage your car incurs. However, in an example of a person being injured on a construction site, liability is more difficult to ascertain — especially if there are conflicting reports about how closely precautions were followed.

One step a lawyer can take is to draw up a list of every possible person involved in an accident, crime, or injury. Interviews, depositions, witness statements, documents, and other evidence can assist lawyers in their attempts to make this list of involved people. If you are hiring a lawyer to prove that another person is responsible for a crime or your injury, be sure to let them know everything you can remember so that the lawyer can piece the scene together more easily,

After every person involved is known, then working through the list methodically is next. By contacting every relevant person, a lawyer can discern how liable a person was in getting injured or causing an accident. This may mean additional interviews or research more specifically focused on ascertaining liability.

Context of the Incident

The location and timing of the crime or accident is also a heavy factor. A unique example would be an attempt to prosecute a bartender who over-serves and thus contributes to a drunk driving accident.

If the accident were to take place on a Saturday night as compared to a Wednesday early evening, the likelihood of over-serving playing a role (and thus making the bartender liable) in an accident is probably higher on Saturday, as that is the time bartenders are likely serving a chaotic throng of people.

Context is also important as it relates to the previously-mentioned premises liability cases. If a store is known to mop its floors excessively, and not take precautions such as warning signs or ventilation to assist in drying, it is likely impactful to a lawyer’s attempt to hold the restaurant accountable for an injury resulting from the wet floor.

Even when context and identities are known, liability is still a tough nut to crack. If you are in the middle of a case where there is disputed liability, you should only rely on an experienced or proven Lexington injury lawyer to determine responsibility. Do your research into capable attorneys with a history of getting to the bottom of messy cases.

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Posted by on Nov 26, 2018 in Finances | 0 comments

LJM Shows Why We Need More Accountability, and More Lawyers

Recent events around LJM Capital Preservation and Growth Fund show the problems that still exist in the modern market. They also show why we need to improve access to lawyers that will hold brokerage firms accountable.

To give a very short explanation of what happened with LJM, we have to go back to the beginning of the year. While LJM claims to represent modest investments in the market that are meant to avoid market fluctuations, they were in reality engaging in very risky investments all while not making sure they had enough capital to handle market fluctuations.

Many brokers knew this, but they did not share that information with their clients. Instead, they invested their clients’ money in LJM, which then cost their clients a great deal when LJM’s stock dropped 80 percent in February. That 80 percent may have resulted in the loss of about $600 million for investors, many of whom didn’t even know they had money in a business that was behaving so irresponsibly.

The attorneys who represent investors against brokers who invested in the LJM fund are seeking compensation for their clients precisely because of these practices. Because these investors weren’t notified of the risks of investing in LJM, they have a right to get their money back. Their brokers did them a disservice by not explaining the kind of risky investments they were pursuing.

This will hopefully result in a large settlement that returns those losses to those who shouldn’t have experienced them in the first place. However, no matter the result, LJM speaks to a larger issue in the market. Namely, we need a better way to hold businesses and brokerage firms more accountable. LJM should never have been allowed to claim it was focusing on reasonable investments when they were in fact exposing themselves and their investors to major losses through their risky investments.

At the same time, brokers and brokerage firms should not be in a habit of making such questionable investments for their clients. Most people who use a brokerage firm expect conservative investments that provide stability and moderate growth. Brokerage firms should take these expectations more seriously and not play around with clients’ money so much, particularly without notifying their clients of the risks they are exposing them to.

The answer to how we curb these problems mostly comes down to lawyers. While it would be nice to see more laws and more focus from the state in these problems, that’s most likely unrealistic. Far more realistic is an effort to inform investors of their legal options by making lawyers who can help in such situations more visible. The more lawyers out there who can help their clients get compensation for such practices, the better. The more these investors know such lawyers are out there and ready to help them, the better. And finally, the more these lawyers win cases against brokerage firms, the more brokers will think twice before making those risky investments.

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Posted by on Oct 18, 2017 in Craft Beer | 0 comments

Top 5 Craft Brew Cities

Craft beer is taking off all over the country. But, like all products and crazes, it’s taking off more in some places than in others.

For instance, you see skateboards rolling down the streets of Lexington, Kentucky every now and then, but no one would call it the center of the skateboarding world.

So, for those looking to really invest themselves in the craft beer world, where are the best cities to visit to really get into the scene?

Here are the top 5 cities to plot on your national craft beer tour.

  1. Myrtle Beach, SC

Not the first location on most lists, but Myrtle Beach has a growing craft beer culture. It’s also the seat of some great beer-based invention, such as the Growler Chiller, which allows you to keep beer growler cold.

  1. Pittsburgh, PA

A city that loves beer so much, it has a whole museum dedicated to it. Go to the museum, then stay for the beer on offer at the local bars and pubs.

  1. Seattle, WA

A city that prides itself on coffee also has a thriving craft beer culture that prides itself on being inventive. Try some of the really creative beers here.

  1. Denver, CO

In the second slot, a city that already has a reputation for a free-spirited love of inebriation (in all the best senses of the word). Denver is working hard to undo the damage Coors has done to its beer reputation. And, with its Denver Beer Triangle (home to 72 pubs), it’s doing an excellent job.

Colorado may be best known for snowboarding and the recent legalization of some…substances, but Denver’s making a good claim that it should also be known for its great craft beer.

  1. Portland, OR

The home of the hipsters, a West Coast haven for those who cherish a liberal and relaxed atmosphere, a city of bicyclists and handlebar mustaches: Portland is perhaps the most obvious place to create the craft beer capital of the world. Obvious or not, the statement is true: in the world of craft beer, Portland is king.

The city has the most craft breweries of any city in the world. That’s right, not just the West Coast or America (which would be good enough to place first on this list), but of the world.

Needless to say (but still worth saying anyway), Portland has a fantastic selection of beers. All those microbreweries mean there are plenty of new and unique beers on tap at every bar or pub you step into.

If you’re looking for a city to visit to get a real sense of the craft brewing scene, this is the one to go to.

So settle in on your bicycle, slick up your mustache, and head over to Portland to become a microbrew aficionado. There is, literally, nowhere better in the world to go.

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Posted by on Jun 27, 2017 in Mineral Rights | 0 comments

Sell Your Mineral Rights rather than have it Leased

One of the greatest opportunities of residents in areas where shale gas abounds is the chance of earning huge amounts of cash, either instantly by selling their property and/or mineral rights, or over a period of years by leasing their mineral rights to giant oil-producing firms. 

Shale gas, which is trapped inside soft, layered sedimentary rocks that have formed from merged mud or clay, is the main source of petroleum and natural gas that is used in American homes and commercial buildings. 

The production of shale gas, according to the U.S. Energy Information Administration (EIA), has increased over the past years, allowing ‘Saudi America’ (America’s new moniker) turn into an oil-producing country from being an oil-dependent one. 

Aside from the companies engaged in the extraction of oil from productive shale gas areas, the residents are the other group who benefit tremendously from this shale boom, that is, if they are able to decide correctly on what to do with their mineral rights and/or property – lease or sell. 

There are companies that are willing and are ready to pay millions of dollars in cash to property and mineral rights owners. Selling means cash up front – whether your property produces something or nothing at all. If your property proves to be really productive, you may regret having sold it or wished that you had sold it at a much higher price. How productive an area of land really is may never be known, though, unless the firm starts digging and actually strikes oil. 

However, if your land proves to be unproductive and, therefore, far less the amount that you have been paid, wouldn’t you be glad that you had sold it and made millions of dollars despite a less or non-productive land? This is the very risk taken by any firm when it purchases mineral rights. 

Owners, however, should refrain from deciding to sell (their) mineral rights abruptly, lest they end up getting paid a certain amount of cash when they could have gotten a much bigger amount. A website with the address,, shares valuable information regarding selling mineral rights – information that will help you, the land owner, to get the better end of the deal.


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Posted by on Apr 22, 2017 in Medical Malpractice | 0 comments

Medical Malpractice and Misdiagnosis

Patients consult medical professionals to get treatment, but there are instances where instead of being treated, they are harmed. This can happen on many medical malpractice instances, such as misdiagnosis. A misdiagnosis occurs when one of the following has happened:

  • A healthy person has been diagnosed as sick
  • A sick person has been diagnosed as healthy
  • A person has been diagnosed with the wrong medical condition
  • A person has been diagnosed with the wrong subtype of a medical condition

Failure to properly assess a person may have a variety of consequences that can be detrimental to the patient’s health. For example, a healthy person being diagnosed as sick will receive unnecessary medical treatment. A sick person being diagnosed as healthy may worsen his condition because of the lack of treatment, and this can be particularly dangerous for medical conditions that need immediate attention. A person diagnosed with the wrong medical condition or the wrong subtype of a medical condition will receive inadequate treatment, putting him at risk of wrong medications and unwarranted surgeries.

Misdiagnosis also result into financial damages. What makes this worse is the fact that the financial damage has been done because of an error, meaning that it is unnecessary. Some of the most common financial burdens include hospital bills, medication costs, surgery costs, rehabilitative costs, and lost wages due to hospital confinement and lost time at work.

According to the website of Habush Habush & Rottier S.C. ®, those who have been wrongly diagnosed may be eligible to pursue a medical malpractice claim against the responsible party.

But how can a medical malpractice claim be viable? Typically, they need to pass the following criteria to be a strong case:

  • There is a direct doctor-patient relationship
  • The doctor has the duty of care toward the patient
  • The duty of care has been violated by the doctor, either through action or inaction
  • The violation of the duty of care has resulted into the patient’s harm

The fact that misdiagnosis still happens is alarming, as it puts ordinary people without medical backgrounds to be subject to the medical malpractice instances of those who are supposed to be knowledgeable. It is a good thing that there is a body of law for medical malpractice, as it is a way to deter medical professionals from committing unwarranted mistakes.

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