A t tor n e y s A t Law

ubbell.

FALL 2006

SENIOR PARTNERS

Jon Mitchell Jackson Lisa M. Wilson

23161 Mill Creek Drive Suite 150

laguna Hills, CA 92653 949·855·8751 800·661·7044

FAX: 949·855·8752

WEB SITES Personal Injury/ Wrongful Death

www.jacksonwilson.com

Business Formation &litigction

www.jwbusiness.com

Media~on and Arbitration www·iwmedia~on.com

MyTrialBlog www.mytnalblog.com

OFFICE HOURS Monday-Friday

9:00 a.m.·5:00 p.m.

PROFESSIONAL SERVICES • Catastrophic In;ury and

Wrongful Death • Business Formation,

Consulting, and Litigation • Mediation and

Arbitration • Asset Protection and

Wealth PreselYation • Estate Planning • Expert Witnesses

Auto accidents Dead Man's Curve

Studies show that one in five auto accident cases involves a single vehicle running off the road. In some cases, simple driver error does pot cause off­road accidents at curves. Design or maintena ce may be responsible, ~d . public agencies in charge of roads may be helcpiablef()r unsafe concliti~ns.

Attorneys experienced in auto accidents may look at manY.fac;tQr~~not . only to obtain compensation for injured drivers, butalso!() oolpiinprove. road safety for other drivers. .' . .... ....

Accident frequency ... how many other accidents hive ocerin-ed at th~ location over time? .­Skid marks...photographs show if a vehicle,'slateral mQv~ment was

. . ­excessIve In curves. . ' . . Defective guardrails...poorly designed, installed,andmaintainedgmlrdrmls . may fail or aim a skidding vehicle into solid objects.:­ . '.' - .. ' Warning signage...were signs placed and maintainedproperly? .' Roadway maintenance...did rumble strips atgrooves warn driversciL hazardous conditions or guide wheels safely? .,.' Curve banking was the curve's outside elevation properly designed? .

Juries protect us America's civil justice system has stood

the test of time. It doesn't put anyone in jail. Instead, it punishes those who act with disregard for the welfare of the rest of us. It also strives to resrare the health and well-being of those who have been harmed by others' actions.

Our fundamental constitutional right to a trial by jury is under attack. Special interests, such as the manufacturing, insur­ance, and drug industries, want to change the system to benefit their own financial and legal interests.

Here are other challenges to our justice sys­tem that many of us may not often think about: • Inadequate juror compensation. • Juror prejudice from public relations campaigns.

Delayed or denied justice from court budget cuts.

• Judge shortages backlogging cases. • Appellate courts reversing jury verdicts. • Secret settlements hiding justice from the public. • Refusing media access to investigate court files. • Legislatures predetermining legal issues. • A poisoned, partisan political landscape.

... ~'.~ ~~~ c. ".; ~:<~ ..~.< \ ~__ . --- /

New resource for trial attorneys As most trial attorneys already know, there is no single source of trial­

related materials on or off the Internet. After we painfully watched a young, inexperienced attorney shoot himself in the foot over and over during a trial, and eventually lose a very winnable case, the light bulb "went on" and MyTrialBlog.com was born.

MyTrialBlog.com was designed to provide trial lawyers with a "one stop" web site to share trial-related tools, tips, resources, and information. Whether an attorney is brand-new or a seasoned trial veteran, this site is designed for all trial attorneys to share their "battle tested" resources, a blog that we can use to exchange all the information each of us has accumulated over the years.

Our staff is currently uploading several new articles or tips each day (many of which we have put together over the past 20 years), and we are currently looking for more original "how to" trial-related articles or resources. If you

_.hav-e.a tooLtip,_or.resDUrce_)COlLw.ouldJike to.-Share..with other trialattorDJ~Xs_. __ across the country and, eventually, the world (yes, we will be including an international link), please forward it to us for review and posting. If you haven't been to the blog, please take a couple of minutes and visit www.MyTriaIBlog.com.

Stroller Strides... A friend of ours, Kathleen Sullivan, is a certified

Stroller Strides instructor, helping moms get into shape with their babies and toddlers.

Stroller Strides is a fitness class where moms can come and work out with their kids. The hourlong

class consists of a power walk/jog combined with body-sculpting exercises using exercise tubes. Classes are taught by certified instructors and are designed to accommodate all fitness levels. If you are looking to improve your fitness level and meet a

great group of encouraging and supportive moms, Our 20 years of extensive "problem solving" experience, together Stroller Strides is for you. Give Kathleen a call and ----..WitlLwnsi.s.tentl~eJing_clientS...9:eative-' innovative~. and.Jil!!~:h

. -give it a try. As a favor to our clients, ·KcltI1le-e-n'h-a-s-­tested solutions of resolving conflict, will maximize your chances of

agreed to provide the first class for free! getting your particular matter resolved to everyone's satisfaction. For more information on class schedules Jackson & Wilson Mediation Services provides you with a

and locations, visit the Web site at convenient and effective tool for avoiding expensive and time-www.strollerstrides.net/laguna. or contact ...consuming litigation, and getting matters settled once and lor all. Kathleen or Colleen at (888) 299-3437 With our ADR services, you get an experienced "litigator/ (e-mail: colleen@strollerstrides.net). mediator/arbitrator" who keenly understands all of the complicated

issues that arise during litigation, trial, and appeal. This knowledge, combined with proven negotiation tools and techniques, will maximize your chances of getting your matter resolved (Q your complete satisfaction.

All mediators are experienced "AV"·rated trial attorneys (plaintiff and defense) with more than 20 years' experience with arbitrations, mediations, trials, and appeals. Call us today to get started!

"Making Strides in Fitness, Motherhood and Life."

You can beat City Hall Auto accidents Police officers andWhat is qualified immunity"proper lookout?"

The long-standing legal doctrine of qualified In auto accident cases, drivers may immunity protects police officers and public officials be found negligent for failing to keep from unreasonable allegations or false accusations that "proper lookout." might hamper their ability to enforce the law or performA driver is obliged by law to constantly monitor all governmental business. the circumstances of driving in order to prevent a car

Most citizens understand that police put their lives ataccident. Requirements include paying attention to the risk during dangerous situations and believe officers roadway, traffic signals and controls, and other drivers. deserve some leeway in their behavior-as long as theTo keep a proper lookout, drivers also should avoid police obey the law and uphold citizens' civil rights. common distractions. Studies show that the most com­

mon driver diversions are accidents, slowdowns, or When police overstep "ounds other events outside the driver's vehicle; changing When police violate the law while performing their radio stations or CDs; talking with passengers; adjust­ duties, our civil justice system provides citizens a way ing heating or cooling controls; eating or drinking; to protect their rights. An appellate court ruled that a talking on a car or cell phone; and smoking. defendant law-enforcement officer who conducted

Younger drivers are more prone to music-related clearly unconstitutional strip searches on two suspects distractions. Adults have their attention diverted by arrested for drunk driving, and also made racist and passengers. Seniors attend to objects or events happen­ threatening comments, did not have qualified immunity ing outside the vehicle. from prosecution. The court permitted the plaintiffs to

Drive safely. Keep a proper lookout. sue to recover damages.

Consumer credit-ca d disputes Collusion lawsuit challenges mandatory ar"itration

Credit- and charge-card marketers take away consumers' rights to dispute unauthorized use, erroneous merchant billing, and extra fees by requiring cardholders to accept mandatory arbitration clauses in disagreements.

A 2005 lawsuit filed against these marketers alleges that they met in secret numerous times between 1998 and 2003 to estab­lish strategies for industrywide imposition of mandatory arbitration clauses for settling customer disagreements. The plaintiffs claim that the clauses "deprive cardholders of effective recourse for illegal anticonsumer and anticompetitive activity, secure an unfair advantage for defendants in the dispute-resolution process, and immunize defendants from collective action by consumers."

Defendants American Express Mandatory ar"itration Bank of America Credit-card mandatory arbitration puts consumers at serious Capital One disadvantage because it. .. Chase, Bank One • forces unknowing waivers of constitutional rights. CitibanklDiners Club • does not give cardholders an opportunity to opt out of arbitration. Discover, Household • screens cases from public scrutiny. First USA • compels cardholders to agree to biased, company-selected J.P. Morgan Chase arbitrators. MBNA • fast-tracks cases card issuers can win quickly. Wells Fargo • prevents legal discovery of important information

Plaintiffs want the clauses, which about a company's disputed actions. also ban class actions and let companies • limits remedies available to wronged purchasers. skirt consumer protection and antitrust • may require consumers to pay arbitration costs. laws meant to prevent corporate misconduct, declared void.

JACKSON &WILSON PRESORTED STANDARDAttorneys At Law JACKSON &WILSON

u.S. POSTAGE PAID23161 Mill Creek Drive, Suite 150 orneys At L MAILED FROM ZIP CODE 17604 Laguna Hills, CA 92653 PERMIT NO. 242

q{r:;ferrals Than!;} to a[[of!fou who have

recommerufea ourfirm to !four rdatives, jriencfs, ana neigfi60rs. 'We appreciate !four vote of confiaence anti p[erfge to care for these "VIPs)} as wd[as we care for !fou.

© Copyright 2006. Newsletters, Ink. Corp. All rights reserved Printed in the U.SA www.newslettersink.com.. . The information included in this newsletter is not intended as a substitute for consultation With an attorney. Specl~C condllions olways reqUITe consultolion With appropriate legal profesSionals.

Bird flu vaccine•Ion Senate eliminates liability

America's military personnel deserve the nation's dc_pest appreciation. Patients suffering harm from bird flu One way we can honor our nation's miliwry 1S to respecr their families' rights, vaccines cannot hold manufacturers especially disabled family members. accountable, no matter what.

Last year, several military families reached a landmark settlement in the first Senator Bill Frist, a physician, insert­lawsuit in the nation which claimed that privately operated on-base housing led ed a backroom deal for drug makers into to systematic discrimination against disabled family members. a $453 billion defense budget the Senate

U.S. Army veteran Tammarra Johnson and six other families at Fort Lewis, passed in late 2005. Critics claimed Frist Washington, sued, on behalf of their families, to gave his pharmaceutical-industry friends make sidewalks, parks, playgrounds, and other an unprecedented gift-immunity, even community facilities accessible. The private firm if they commit gross negligence or are operating the post's housing agreed to make ten reckless in marketing dangerous and percent of the existing residences at Fort Lewis deadly drugs. accessible and to design and construct all future According to a broad-based, bipar­buildings in compliance with-the Americans with tisan coalition 0 public-fiealthorgiiniz<!=Disabilities Act. The suit also helped establish a tions, nurses, first responders, consumer process for the 3,000 families stationed at Fori groups, children's health organizations, Lewis to request accessibility accommodations. and veterans, the bill gave incredibly

Before the lawsuit, soldiers say there was sweeping immunity to drug manufac­widespread discrimination and retaliation against turers and will require those harmed by them simply because they had a disabled family the vaccine to prove the company member. engaged in malicious misconduct.

Eliminating an individual's right to hold negligent drug companies account­

U.S. Army veteran Tammarra Johnson able removes an important incentive for

and six other families at Fort Lewis, drug companies to make safe drugs­Washington, sued, on behalf of their especially considering that some big families, to make sidewalks, parks, drug companies have a track record of

playgrounds, and other community putting profits before the health and safety of the public. facilities accessible.

rammarra Johnson