Eyebrows are often raised in the legal world upon mention of e-discovery, mostly because many do not know what it is. E-Discovery is more than a web platform; it is a range of services and resources, encompassing everything from transcription services to trial presentation services. It is because of this that costs for the discovery phase, and the E-Discovery portion specifically, are continuously rising. Data storage and data review are two key reasons why the cost of E-Discovery services is increasing. Clients must consider these factors when reviewing providers. Christian & Small has a ..read more

The law firm of Christian & Small LLP is pleased to announce that William “Drew” A. Ellis has joined as a Partner in its Birmingham, Alabama office.  A native of Lexington, Kentucky, Ellis focuses his practice on business and commercial litigation, real estate litigation and transactions, construction litigation, healthcare, and professional liability litigation. He routinely represents businesses in asserting and defending breach of contract, negligence, fraud, and business tort claims. Ellis is a 2003 graduate of the University of Kentucky and Samford University’s Cumberland School ..read more

The following is the first in a three-part series on defending cases involving traumatic brain injuries (TBI). These cases are complex because the brain is complex. Developing and executing a defense strategy for TBI cases requires a team knowledgeable in law and medicine. With thorough preparation and well-planned discovery, TBI cases can be evaluated quickly for trial or settlement. What is Traumatic Brain Injury? There are at least eleven definitions of the term “Traumatic Brain Injury”. However, a TBI is generally defined as a sudden brain injury caused by a blow to the head, a penetratin ..read more

Eyebrows are often raised in the legal world upon mention of e-discovery, mostly because many do not know what it is. E-Discovery is more than a web platform; it is a range of services and resources, encompassing everything from transcription services to trial presentation services. It is because of this that costs for the discovery phase, and the E-Discovery portion specifically, are continuously rising. Data storage and data review are two key reasons why the cost of E-Discovery services is increasing. Clients must consider these factors when reviewing providers. Christian & Small has a ..read more

Alabama’s Wrongful Death Act (Ala. Code 6-5-410(1975)) only allows punitive damages and not compensatory damages. (See Merrell v. Alabama Power Co. 382 So. 2d 494 (1980)). Liability policies frequently exclude coverage for punitive damages. Many liability policies, and frequently automobile liability policies will contain an Alabama endorsement which creates an exception to the punitive damage exclusion which provides coverage for punitive damages when they are awarded under the Alabama Wrongful Death Act.  However, some do not. There are no cases identified regarding homeowners’ liabilit ..read more

I’m sure you’ve heard the phrase “You may win the battle – but lose the war.” King Pyrrhus of Epirus, a Greek king of the Hellenistic period defeated the Roman Empire at the battle of Heraclea and Asculum in 280 BC and 279 BC respectively. King Pyrrhus won the battle but lost countless men, including most of his friends and commanders. King Pyrrhus’ army was left weakened with little hope of reinforcements. After the battle of Asculum, King Pyrrhus reportedly stated, “another such victory and we are lost.” Although the Romans lost the two battles, they had abundant ready, willing, and able rei ..read more

Partner M. Jansen Voss Named to Benchmark Litigation’s 40 & Under Hot List for 2020 Prepared September 14, 2020 Christian & Small is pleased to announce that Partner M. Jansen Voss has been named to Benchmark Litigation’s 40 & Under Hot List for 2020. This is Jansen’s third consecutive year to be recognized. According to Benchmark Litigation, “The current group of litigators is diverse and enthusiastic. These ambitious and accomplished lawyers frequently handle major cases – some of which are high-stakes or precedent-setting. They are able to adapt to rapidly changing times in addi ..read more

  Conventional wisdom and practice hold that in personal injury cases, the plaintiff should introduce post-incident medical bills as an element of damages. However, over the last four or five years in Alabama, plaintiffs have increasingly tried personal injury cases without introducing medical bills—arguing only for pain and suffering damages. The tactic is almost always utilized when a plaintiff has 1) relatively low medical bills, 2) an actual injury (a fracture, or some other injury requiring braces, casts, etc), and 3) a good story to tell. The tactic developed out of the theory that ..read more

In Mallory v. Norfolk Southern Railway Co., the United States Supreme Court handed down a decision on June 27, 2023, that will significantly increase forum shopping by plaintiffs and negatively impact corporate defendants. Companies registered to do business in certain states could now be forced to defend themselves in that forum even though the cause of action did not accrue there. Specifically, the Court held that the U. S. Constitution’s Due Process Clause does not prohibit a state from imposing general jurisdiction over a corporate defendant where 1) state law preconditions business regis ..read more

\ Christian & Small is pleased to announce that the firm and six partners are recognized in the 2023 edition of Chambers USA. Partners Bill D. Bensinger,  Bradley H. Hightower, and Daniel D. Sparks are ranked for Bankruptcy/Restructuring (Band 1, 4, and 2 respectively). Partner Richard E. Smith is ranked in Healthcare (Band 4).  Richard E. Smith and  Sharon D. Stuart are ranked in Litigation: General Commercial (Band 4 and 3 respectively).  F. Todd Weston is recognized in Litigation: General Commercial, Up & Coming. This is Brad Hightower’s first year to be rec ..read more