Oct 3, 2018
You are driving home from work after a busy day speeding down the road when, all of a sudden, another car pops out of nowhere right in front of you so you slam on the brakes, but it’s too late and your vehicles smash together. Now what?
Stop the car. You don’t want to make an accident worse by leaving the scene. Aside from it being morally and ethically wrong, leaving the scene … Read more
Aug 29, 2018
At what point is it no longer appropriate for government officials to hide behind sovereign immunity in order to get away with committing crimes? Check out a recent abuse of power story involving Alabama sheriffs pocketing funds earmarked to feed inmates leaving inmates underfed and/or fed unfit food.
What is sovereign immunity?
“Sovereign immunity is a legal doctrine that protects a sovereign body (ie, the federal or state government and their respective agencies) from being … Read more
May 10, 2017
More than a century ago, Oliver Wendell Holmes observed, “the life of the law has not been logic; it has been experience.” I wonder what Justice Holmes would think of the matter these days when cases come down the pike which seem to run counter to both logic and experience.
For a case in point, consider a report from the Oregonian recently describing how a lawsuit against Washington County for the drowning deaths of four … Read more
Feb 17, 2015
A seaman who suffers injury while engaged in the service of a vessel has legal remedies which are unavailable to any other worker. Unlike the typical shore-based employee, who is generally limited to workers’ compensation benefits for injuries occurring in the course and scope of his employment, an injured seaman has the following remedies available to him or her:
- Maintenance and cure;
- A claim against the vessel owner for the vessel’s “unseaworthiness”; and,
- A claim
… Read more
Dec 7, 2011
A recent Washington Supreme Court decision demonstrates how the interaction between administrative and common law is often critically important to the adjudication of employee claims. Specifically, the court held that an employee has no common law right to a claim of wrongful discharge solely because they are fired for reporting illegal or unsafe conditions of employment where other administrative or legal structures are deemed adequate for protection of the particular public policy which the employee … Read more