Having trouble viewing this email? Click here to view newsletter online. + SUBSCRIBE Cusimano, Roberts, Mills & Knowlton Personal Injury Attorneys 256-543-0400 May 2023 How a Motion for Summary Judgment Can Hit Like a Tornado  When seeking damages from someone who has hurt or wronged you, summary judgment can strike much like a natural disaster. Under Civil Procedure Rule 56, a defendant might argue the proof for your claims doesn’t meet legal requirements, asking for dismissal in a motion for summary judgment.  An expert lawye ..read more

Cusimano, Roberts, Mills & Knowlton has received Tier 1 recognition in the 2023 Edition of the “Best Law Firms” awards! Tier 1 recognition is reserved for the highest scoring firms during the annual “Best Law Firms” review process. The post Tier 1 Recognition appeared first on Alabama Tort Law ..read more

Alabama uninsured/underinsured motorist insurance law is the subject of one of 50 chapters in the upcoming publication Alabama Tort Law, 7th edition, written by Michael L. Roberts, a Cusimano, Roberts, Mills & Knowlton attorney. As explained in this chapter, in 1985 the Alabama legislature modified statutes so as to require underinsured motorist coverage be offered in policies. This provides additional rights to recovery for damages to people injured by drivers whose liability coverage is not sufficient to cover the amount of damages they cause. The first edition of this book had been writ ..read more

Gregory S. Cusimano I decided to become a lawyer when I was about 10 or 12 years old. Encouraged by family and teachers who thought that I “asked a lot of questions” and “could successfully argue my point” (both necessary skills for a good lawyer), I never wavered in my desire to become a lawyer. As a young man, I remember thinking that it would be great to help people every day, to fight for people’s rights, and in the process to gain respect and also make a living. Only after I started practicing law did I realize it was not that easy. There was much more to the practice of law than my child ..read more

            “Wantonness” is a legal term that can be applicable in many different types of civil cases. A definition enacted into law in 1987 by the Alabama Legislature defined it as “conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.”              It is often used as equivalent to recklessness.              Wantonness can be an issue in many diverse types ..read more

What do you think is the most important part of trial? Not an easy question to answer, but if forced to choose, I’d say the Opening Statement.  Of course, jury selection is critical, but depending on the venue, we have less control over voir dire. Opening statement is reflective of proper preparation and reveals the trial story. The opening is the basis for everything that follows. If we haven’t properly prepared, the opening can be more reactive than reflective. The trial story should be consistent, concise, credible, and complete and a guide for what is to come. What is the Process of P ..read more

The post Cusimano Symposium: How to Communicate and Vaccinate an Infected Jury appeared first on Alabama Tort Law ..read more

Revive your courtroom skills in 2022 by joining us for the 2022 ALAJ MidWinter Conference on February 2-4 at The Grand Bohemian. Learn how to revive your courtroom skills in 2022 as our top-notch national speakers address topics like: Cusimano Symposium: How to Communicate and Vaccinate an Infected Jury Practical Examples of Using Demonstrative Evidence Managing Obstruction: Making it Easy for You and The Judge Cause and Effect or Affect? The Trial Lawyer’s Burden of Persuasion Cell Phone Forensics for Legal Professionals Regi ..read more

The City of Gadsden and the Etowah County Commission on Tuesday approved accepting their respective shares of an opioid lawsuit settlement involving one of a number of drug manufacturers or distributors.  The city will receive $110,953 — minus a 25% fee that goes to attorneys — from Endo Pharmaceuticals’ settlement with the State of Alabama.  Attorney Emily Hawk Mills told the City Council that according to the settlement’s formula, Etowah County would receive $136,385, Rainbow City $17,853 and Attalla $21,822 ..read more

By Michael Roberts Alabama (and other states) law recognizes that when a person is hurt, as in a traffic accident or fall, that person’s spouse also suffers.  A separate category of damages can be awarded to the spouse of a person physically injured, called consortium damages.            Consortium is defined as the right to the love, company, fellowship, cooperation, assistance, society, affection, services and comfort of the spouse and the right to the continuation of the normal marital relationship. What is the effect of a pos ..read more