Author: Daniel S. Garner

The Opioid Crisis, Lobbying, and the Amicus Brief

Definition of opiate: a drug (such as morphine or codeine) containing or derived from opium and tending to induce sleep and alleviate pain. We are having an opioid crisis in America. One of the most powerful lobbying groups in Washington is the U.S. Chamber of Commerce. Last year the Chamber spent over $100 million on federal lobbying.  However, the Chamber’s influence […]

Palsgraf v. Long Island Railroad

What Happened: Mrs. Palsgraf was standing on a railroad platform after she bought a ticket from Long Island Rail Road. Two men ran to catch a train that was pulling out from the platform. The first man jumped aboard easily but the second man, who was carrying a package, failed to jump aboard the railroad […]

PIP – Personal Injury Protection

The average person lives their life without ever going to court for anything more serious than a traffic ticket. Our lives are filled with ordinary day to day events, such as work, errands like grocery shopping, school, ball games, family cookouts and dinners, and the like. Most of us will never know what it’s like […]

Wrongful Death

At some point in your life, you’ve likely known someone who was injured in an accident, either at work or in traffic.  Accidents are a fact of life, and unfortunately, sometimes accidents result in the death of an individual.  When this happens, Utah law provides for the compensation of dependents and family members.  However, most […]

State Farm Mutual Automobile Insurance Co. v. Campbell

What Happened: In 1981, Campbell caused an accident in which Todd Ospital was killed and Robert G. Slusher was left permanently disabled, a fact confirmed by both witnesses to the accident and investigators. Notwithstanding the evidence against Campbell, Campbell’s insurance State Farm decided to contest liability and decline the settlement offers from both Slusher and […]

Liebeck v. McDonald’s Restaurants

What Happened: Stella Liebeck ordered a cup of coffee from the drive-through window of a local McDonald’s restaurant. With the car parked and Liebeck in the passenger seat Liebeck attempted to add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove […]

United States v. Carroll Towing Co.

What Happened: The case was the result of the sinking of the barge Anna C that took place on January 4, 1944 in New York Harbor. The Pennsylvania Railroad Company chartered the Anna C from Conners Marine Company, which was loaded with flour owned by the United States. Before the accident, the Anna C was moored at Pier 52 on the North River along with several other barges. The barges at Pier 52 […]