Last month our Capital Partner, Frank Guerra, was given the opportunity to speak with Richard Orsinger about The Jury Selection Process for the American Board of Trial Advocates (ABOTA).
Tag: Frank Guerra
Firework Injuries
On average nearly 13,000 people are injured by fireworks every year. There are several explanations as to why ranging from a simple lack of knowledge on how to properly ignite them to uncontrollable factors such as the weather. However, the majority of firework injuries occur when people are impaired by drugs or alcohol. According to a 2019 fireworks report, it was stated that 66% of all firework injuries occurred in the month of July due to the 4th of July holiday. [I] When fireworks go array, the most common type of firework injuries are burn-related.
Pros and Cons of the Texas Constitutional Carry Law
On June 16, 2021, Texas Governor Greg Abbott signed House Bill 1927, known colloquially as the “Constitutional Carry” bill, into law. Starting on Sept. 1, 2021, Texans 21 and over will no longer need a license to carry a pistol (openly or concealed) as long as they are not already excluded from firearm possession by another State or Federal law. Previously, Texans were required to obtain a state-issued license which required training, a proficiency exam, and a background check. With the passage of this law, Texas will become the 20th state, as well as the largest state, to dispense with these requirements.
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Federal Preemption in Pharmaceutical Cases: What is “Newly Acquired Information?
More than 131 million Americans use prescription drugs. Studies have shown that there were 2.74 million serious adverse drug reactions in 2014 and around 128,000 people have died from drugs prescribed to them. So, what happens when drug manufacturers fail to warn consumers of dangerous and deadly side effects? Consumers are able to sue the drug manufacturer, but they must come prepared because the drug manufacturer will already have the argument that the consumer’s suit is preempted. A lot of times this argument will force the case to be dismissed, leaving consumers hanging out to dry.
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Legal Writing Pitfalls and How to Avoid Them
COMES NOW, PLAINTIFF in the hereinabove case, by and through the undersigned counsel of record, and WHEREFORE, PREMISES CONSIDERED, files the aforementioned MOTION TO …
Yikes. Between the case caption, the title, and the procedural throat-clearing of the introductory paragraph, the readers of a legal motion usually spend the first-page thinking, “Get to the point!” Bryan Garner, editor-in-chief of Black’s Law Dictionary and longtime proponent of using plain English in legal writing, refers to this as “filibustering boilerplate” and “time-wasting guff.”[i] It’s true that many lawyers enjoy the pomp and circumstance of formal legal writing. But a good writer can make a pleading, motion, or brief both elegant and readable—and in the process, make it more persuasive.
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