Newnan Pratlaw's Posts On Hot Legal Topics

March 26, 2010

Georgia Supreme Court blocks Social Engineering

Wisdom & Moderation

Today the Supreme Court of Georgia stood up for the citizen and against social engineering:  Link Here.  Mr. Eric Johnson, who speared-headed the social engineering in the Georgia Legislature and his cronies who have shanghaied the Georgia Republican Party that passed the stupid law is a social engineer of the worst kind and resembles a true Republican about as much as Nancy Pelosi. The opinion was signed off on by the entire court ~ it was not a split decision. read it here and you see how clear was Mr. Johnson’s total disregard for the constitution and the rights of citizens.

As Thomas Jefferson said two centuries+ ago: “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.”  Trial by Jury is a greater right than the right to vote.  Please read your constitution and then re-read it.

March 7, 2010

NEWNAN| Increase your uninsured insurance today!

Plain and simple:  call your insurance agent today, right now and get as much uninsured/underinsured [it’s the same thing] coverage as you can get!
Why?:   Have you seen some of the cars on the road and the people driving them?; etcetera.  Your uninsured motorist carrier steps into the shoes of the uninsured person who caused the collision, and becomes his/her coverage for the purposes of the claim.  If the claim exceeds the coverage of the person who caused the wreck then your excess coverage will step in up to its limits.  A common concern that I hear from clients when discussing their pursuit of an uninsured motorist claim is “I don’t want to make a claim against my insurance company because they will raise my premiums!”  I have had more than one client tell me that is what their agent told them.  This assertion/belief is absolutely 100% false. A “UM” Claim will only cause your premium to increase when you are found at fault.  If the uninsured/underinsured party is found to be “at fault”, the Insurance Commissioner regulations prohibit a rate increase of the victim’s insurance rates:  And that is the way it should be.
Underinsured Motorist Coverage is that coverage which “kicks in” after the negligent party’s insurance carrier has tendered it’s policy limits which are inadequate to compensate the insured for his/her injuries. The UM Limits though must exceed those of the defendants policy limits in order for coverage to apply. Here is an example of how this works:
Hershel is insured with Mann and has UM limits of $250,000.00. He is rear ended in a terrible accident with Lindsey who is insured with Allstate. Lindsey’s liability limits are only $25,000.00. Hershel’s medical bills alone are $35,000.00. He also has thousands of dollars in lost earnings. In this case it is likely that Allstate will offer to pay Lindsey’s policy limits of $25,000.00 to settle the case on Lindsey’s behalf. If Hershel accepts that offer without waiving his right to proceed against Lindsey for the true value of his case he can then make a claim for Underinsured Motorist Benefits with Mann for up to $225,000.00 ($250,000.00 minus $15,000.00 received from Allstate).  The “rub”/problem here is that Allstate will do all it can to force a settlement agreement that restricts Hershel’s right to pursue the claim further and Hershel’s insurer can technically withhold any payment until Hershel gets a judgment in his case with Lindsey – this is not the case in the majority of jurisdictions in the US, where Hershel would not have to go through getting a judgment in order to get his insurer to deal with him in good faith.  Georgia legislators, however, appear to care less about its citizens and  there are statutes that actually help Insurers turn the screws on their own insureds by limiting damages to virtually nothing if they deal in bad faith with the insured and by requiring that an insured get a judgment before an insurer has to pay its insured a dime regardless of whether the insurer is dealing with its insured in bad faith!  So get a personal injury attorney involved in the claim from the outset in a serious injury case!
So, again, get your coverage increased today! And get an attorney involved in a serious injury collision case as soon as possible.
Call Prater & Associates today!| to discuss your case:  770-253-7778 | before evidence disappears and memory fades from the minds of important witnesses.

March 4, 2010

The Beginning of the Toyota Saga || “Christine”

Unsafe At Any Speed?

The story starts in August 2009 when a respected Highway Patrol Man, his wife, child and brother-in-law died in his 2009 Lexus which went out of contol, the accelerator stuck and the brakes not working as the poor family traveled to their doom at speeds over more than 100 mph.  In the 911 call from their vehicle the deceased can be heard describing the events as they approached their deaths, their last words before crashing and being burned alive were “everybody hold on” and “let’s pray”.  The vehicle burst into flames after hitting another vehicle, the end of the road barrier and a steel barrier; read the article here|| Toyota’s Recall Starts

The problem with Toyotas and Lexus’ is not some small incidental quick fix.   Don’t let any0ne try to downplay it.

March 3, 2010

RIGHTS OF THE INDIVIDUAL CITIZEN || Bearing Arms without infringement

The Supreme Court’s review of Chicago’s law making it illegal to possess a handgun in the city limits, McDonald v. City of Chicago, is the “Hot” case in this term of the Supreme Court’s appellate review of lower decisions.  Many people don’t know that the 14th amendment guarantees that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  The 2nd amendment states that ” A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”    There is an argument afloat that the right of the people to keep and bear Arms without infringement is qualified by a State’s ability to regulate Militias and that a right of  “the people” is not a right to each person.  The NRA and others hope that the Supreme Court will not just overturn Chicago’s gun ban law but will in fact actually state that the 14th amendment secures the right to bear Arms without infringement to the individual.  In Mr. McDonald’s case , what I recall from listening to the brief interview of him by Nina Totenberg (PBS),  the right seems self evident:  as I recall hearing, he is an elderly man robbed by “utes” 3 times, the last time they just strong-armed him, ignoring his demands that they leave his home.  He thought Mr. Colt’s equalizer might make his words a little more heeded the  next time “utes” came to his home to “visit”.

advertisement:  Call Prater & Associates today if you have a legal issue of any kind @ 770-253-7778 or email us by going to our website and using the handy form found there || PRATLAW ||  call your local attorney now before evidence gets “lost” and witnesses memories fade.

February 26, 2010

TOYOTA LAWSUITS||Class Actions? Or Individual Consumer Suits?

THE BIG NATIONAL CLASS ACTION FIRMS HAVE FILED MULTIPLE CLASS ACTION SUITS AGAINST TOYOTA IN AN EFFORT TO BE THE FIRST TO BE CERTIFIED A CLASS ACTION.  Class action suits have their place in litigation but they often result in minimal return to the individual class member and huge attorneys fees to the lawyers.  The service they provide is that they keep corporations at least minimally honest.  Let’s face it:  if class actions did not exist or were substantially curtailed the United States business world would make the town business and politics in the HBO series “Deadwood” look like a church fellowship.  The problem with a vehicular class action is that each member has been substantially harmed in a significant financial way, the Toyota debacle is not something that a $10 coupon off your next purchase is going to fix.  It may be smarter for the individual to file suit … but then a million lawsuits will surely do the company in and it will file a chapter 11 bankruptcy in Northern Michigan and everyone will have to file for relief there or be subject to that Judge’s decision(s) to mandate that the suits proceed there.  WOW what a dilemma.  At any rate, the causes of action for an owner would include Breach of Warranty; Fraud in the Inducement to Buy; perhaps even RICO based on the floor mat excuse.  The first thing that needs to be done from this writer’s perspective is to get the guy or others out of jail that are there because nobody believed them when they said it was the car and not them that caused the wreck.

Call Prater & Associates today, serving the ATL:  770-253-7778 or email us by clicking to our WEBSITE with your legal issues before evidence goes missing and the memory of witnesses fades.

February 22, 2010

A Familiar Ring||Toyota saved 100 million at whose expense

Is This The New Toyota?

For those of us old enough to remember, Ford internal documents said that Ford could save millions at the cost of only a few burned alive deaths.  Now Toyota documents show they saved 100 million by risking only a few deaths by sudden acceleration?  Of course  Ecclesiastes is true and tells us there really is absolutely nothing new under the sun, over and over again.  || ARTICLE ||

Call Prater & Associates today if you have a legal case you want looked into, before evidence goes missing or details are forgotten:  77o-253-7778

February 18, 2010

DO NOT MARK ON DOCUMENTARY EVIDENCE||Make a copy and mark that up…

…when it comes to documents.
Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given documents with highlighted passages or handwritten notes beside the part of the document you think is important.  Doing that is really close to a demand that the Court become a participant in the blind men and the elephant philosophical exercise about the scope of perception:  ||FABLE||  … and they do not like the ||SOCRATIC METHOD|| to the extreme of banality, i.e., rain is rain you cannot assert you do not understand it until someone explains it to you and you “feel” it.  What all this means in plain English is:  (a)  The Judge controls his or her court room and no one else has any right to control it.  So make a copy of any document you feel the urge to write on, so your lawyer can present the ‘clean’ one to the Judge and draw the Judge’s attention to the passage you have highlighted in your ‘dirty’ copy by asking the Court’s permission to draw its attention to that passage; (b) A testifier’s inability to grasp easy questions and evasive answers soon turns a Judge off [and a Jury Too].  Do not engage in ||TABULA RASA|| Socratic Responses [inane question answers to straightforward questions], and; always remember: Neither Judge nor Jury need to be hit over the head with information they can clearly see or hear.  They really can be trusted to figure it out.

..when it comes to documents.
Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given documents with highlighted passages or handwritten notes beside the part of the document you think is important.  Doing that is really close to a demand that the Court become a participant in the blind men and the elephant philosophical exercise about the scope of perception:  <a href=”http://en.wikisource.org/wiki/The_Blindmen_and_the_Elephant”>The Blind Men And The Elephant Fable</a> and they do not like the <a href=”http://en.wikipedia.org/wiki/Socratic_method”>Socratic Method</a> to the extreme of banality, i.e., rain is rain you cannot assert you do not understand it until someone explains it to you and you “feel” it.  What all this means in plain English is:  (a)  The Judge controls his or her court room and no one else has any right to control it.  So make a copy of any document you feel the urge to write on, so your lawyer can present the ‘clean’ one to the Judge and draw the Judge’s attention to the passage you have highlighted in your ‘dirty’ copy by asking the Court’s permission to draw its attention to that passage; (b) A testifier’s inability to grasp easy questions and evasive answers soon turns a Judge off [and a Jury Too].  Do not engage in <a href=”http://en.wikipedia.org/wiki/Tabula_rasa”>Tabula Rasa</a> Socratic Responses [inane question answers to straightforward questions], and; always remember: Neither Judge nor Jury need to be hit over the head with information they can clearly see or hear.  They really can be trusted to figure it out.

February 17, 2010

Newnan Pratlaw Essay: The Tradegy of the Olympic Luger and Liability Questions

The tragic death at the 2010 Olympic Games highlights and illustrates two of the primary legal issues involved when a person is hurt or killed on the property of another.  They are the legal doctrines of: (1) Superior Knowledge of a Dangerous Instrumentality versus equal knowledge of it, and; (2) Assumption of Risk.  The young Luger’s story is discussed in this recent article discussing the two issues surrounding whether anyone other than the deceased is responsible for his death.  ||ARTICLE||

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February 15, 2010

FRAUD AND BANK FAILURE(S)

What Happened To That Trillion Dollars?

Fraud or Misrepresentation must be specifically plead to the requirements: (1) material representation that is not true; (2) reasonable reliance on that misrepresentation; (3) injury in the form of financial injury [damages] from the reasonable reliance.  Fraud can be shown by slight circumstances which taken as a whole show a scheme.  The Securities And Exchange Commission is using the Cause of Action against Madoff associates [LINK] and of course I post it here because the COA might possibly apply to a broad range of investment and business deals gone bad.

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January 30, 2010

INJURY CASES ALWAYS INVOLVE PHYSICS

||| PRATLAW ON INJURIES |||

Physics in an ancient child's game illustrates the transference of energy

In a high speed vehicle collision, defined as a collision in excess of 7 miles per hour, a common personal injury that will occur is whiplash. It is the simple physics phenomenon in the old child’s game ‘Snap The Whip’ seen in the above pastoral painting WITH ONE MAJOR DIFFERENCE: THE MILES PER HOUR OF THE ENERGY TRANSFER!

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