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HSM Partner Clay Milling Received Distinguishes Service Award

July 14, 2010
by hsmlawblog

HSM is proud to announce that its partner Clay Milling was presented with the American Association for Justices Distinguished Service Award at this years AAJ annual convention in Vancouver, Canada. The Distinguished Service Award is presented to individuals who have gone above and beyond their commitment to the principles of the civil justice system and the mission of the American Associated for Justice. Over the last decade, Clay has been active in AAJ serving on its political action committee, membership committee, key persons committee, and now as a State Delegate to the organization from the State of Georgia. HSM is proud of Clay’s efforts fighting on behalf of the civil justice system and the firm is very pleased that Clay was recognized for his efforts with this national award.

Georgia Ban on Texting Starts Today

July 1, 2010
by hsmlawblog

The Georgia ban on texting begins today, but it won’t be enforced for another month. In an effort to educate the public and to figure out how to actually enforce a violation of this nature.

This is a giant step towards driver safety in Georgia, although working out the kinks of how to enforce it  may take some time. Hopefully, the law being made will encourage at least some people to begin to follow it regardless of how it’s enforced. The Illinois-based National Safety Council estimates that 28 percent of crashes — or 1.6 million annually — are caused by drivers talking or texting on cell phones.

Drivers found guilty of violating the laws on texting or talking while driving face a $150 fine and a point added to their driver’s license. This law comes into effect over the busy Fourth of July Holiday weekend. Hopefully it will  provide troopers some additional training in observing.

More Benadryl, Tylenol Added to Recall

June 17, 2010
by hsmlawblog

The maker of Benadryl and Tylenol has added five lots of the popular over-the-counter drugs to its growing list of recalled products.

If you or a loved one has been affected by any of these drugs on recall, please contact HSM to ensure protection of your legal rights.

UPDATE: Gov. Purdue Signs Ban on Texting While Driving

June 4, 2010
by hsmlawblog

It’s not a done deal yet, but Georgia is moving in the right direction towards a ban on texting while driving.

BP Oil Spill: Part 3

June 3, 2010
by hsmlawblog

As a native of Louisiana, I am acutely aware of what is occurring on a daily basis to the fragile ecosystem generally referred to as America’s Wetlands. Louisiana’s marshes are designed to provide a nutrient rich environment for the various animals that live there, including those shrimps and oysters you eat everyday. Equally as important, however, is that the marshes provide protection to the state of Louisiana and the city of New Orleans, through which up to one-third of all goods imported into the United States pass. In other words, America’s Wetlands and Louisiana’s coast are an incredibly important aspect of our national economy.

Unfortunately, the wetlands are disappearing at an alarming rate. Every hour Louisiana loses marshland the size of a football field. Miles of coastland disappear each year, and while this may seem trivial to those who are not residents of Louisiana, again consider the economic impact given the shipping that runs through New Orleans and that upwards of one-third of all domestic seafood comes from the Gulf of Mexico.

Read more…

BP Oil Spill: Part 2

June 1, 2010
by hsmlawblog

A second issue that is worth equal consideration to the responsibilities of the individual companies concerns the responsibility of the Minerals and Management Service, a component of our government that oversees U.S. offshore drilling leases. One aspect of the MMS is particularly interesting to me is that the MMS is responsible for not only assuring safe drilling practices, but the MMS is also the entity that collects revenue from oil and gas companies that lease Federal lands. Although this may sound benign on its surface, once you think about it, this is like having the “fox guarding the hen house.”

Whenever any entity, whether a governmental entity such as MMS or a corporate entity, has responsibility for safety, as well as financial responsibilities, a conflict of interest is likely to result. The conflict stems from that more oil that is produced (with or without safety), the more revenue that is generated.

Read more…

Lessons From the BP Oil Spill: Part 1

May 27, 2010
by hsmlawblog

HSM Law Blog will be starting a series of posts written in first person by one of our partners, Clay Milling, regarding the BP Oil Spill. We hope this posts will give you a personal insight into the background, thoughts and values of one of our partners.

I am originally from New Orleans, and my family is deeply involved in restoring New Orleans and Louisiana from the devastating effects of Hurricanes Katrina and Rita, as well as protecting Louisiana’s coastline from further erosion. As such, I have been following the BP oil spill with keen interest and have a number of thoughts that I want to articulate.

Read more…

UPDATE: Expanded Tylenol Recall

May 26, 2010
by hsmlawblog

Johnson & Johnson recently expanded its recall of certain Tylenol, Motrin and Benadryl drugs that were produced between January 1, 2008 and January 30, 2010. The recall stems from that there have been reports of up to 30 deaths and over 775 serious injuries resulting from these drugs. Many of the drugs are manufactured at a facility in Fort Washington, Pa. and it appears that the origin of the problem may be related to the way in which these products were manufactured. 

Our experienced Tylenol team of lawyers has been fighting for individuals and families against Johnson & Johnson and its subsidiary, McNeil, for the last 12 years continuously. Our team has been to McNeil’s headquarters in Fort Washington, Pa. at least 6 times over the years, and, as a result, we have extensive knowledge of concerning the issues involved in this recall. 

If you or a loved one have been injured or killed from one of the products and you are looking for lawyers with extensive experience in this area, please contact us immediately to protect your legal rights.  

Our Tylenol team consists of lawyers from the law firms Henry Spiegel Milling, LLP and Toliver & Gainer, LLP.

Spring and Summer, Prime Time for Hydroplane Wrecks

May 24, 2010
by hsmlawblog

As lawyers who handle automobile wrecks and roadway defect cases, we seem to encounter an increase in the number of hydroplane cases each spring and summer. Presumably this is due to the increased rainfall in these two seasons. Hydroplaning, even for a second, is a frightening situation for even the most experienced driver. Simply stated, hydroplaning, which is also called “aquaplaning” or “planing,” is caused when a driver of a vehicle loses steering control because a layer of water on the roadway prevents the vehicle’s tires from maintaining direct contact with the road surface. This loss of friction results in the vehicle losing the ability to steer, brake, or even increase power.

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Phelps & Orrock: A win for malpractice victims

May 4, 2010
by hsmlawblog

This is reposted from the Saturday, May 1, edition of the Savannah Morning News. HSM is always in support of articles celebrating the decision of the by the Supreme Court of Georgia to overturn caps on damages for medical malpractice victims.

By Angela Speir Phelps

There’s been a lot of chatter about the Supreme Court of Georgia’s decision to overturn caps on damages for victims of medical malpractice. It’s understandable this would generate interest, since it affects our most basic rights as citizens.

In 2005, Senate Bill 3 was heralded as a fix for many of the ills facing the health care industry. Despite the promises of tort reform proponents, doctors have not stampeded into Georgia, medical liability insurance premiums have not come down and competition in the medical liability market has not increased.

Read more…