1 year ago

Perception vs. Reality: Why is Alabama still 46th when it comes to lawsuit abuse? (opinion)

By Chris Reid

As a small business owner, I am very cognizant of the actual cost to run a successful business. Historically, Alabama has not been known for its business-friendly environment, and an infamous NYT article once labeled our state “tort hell” because of the runaway lawsuits that were causing many businesses to look other places when deciding where to locate. I realize as a general practice attorney who handles auto accident cases, I have bias when it comes to this issue, but my monetary interest doesn’t mean I can’t speak to this matter fairly. The truth is that in certain parts of the state, businesses do still live in fear of unreasonably high damage awards. The state legislature has done a fairly good job of reducing frivolous lawsuits, but it hasn’t dealt with the fact that the biggest predictor of how a case will be resolved has more to do with where it is filed than the merits of the case. Having a legal system with predicable results is one of the things businesses look for prior to move to a state, and despite the fact that BCA (Business Counsel of Alabama) has more power now than at any time before, there are still certain reforms that somehow never get put into law. To be fair to my conservative brethren in Montgomery, there is only so much law you can pass to make up for a bad jury pool, and since we all have a constitutional right to a trial by jury, some of the issue is in the way we select jurors in this state.

The people who would be more likely to deliver smaller damage amounts tend to be people who find a way around jury service. The unspoken truth is that given certain facts, it is to a plaintiff’s attorney benefit to find a way to exclude the more highly educated jurors since they will understand nuance to a greater degree, which is good for the person being sued but not for the victim. The attorney who understands the reality of this situation isn’t doing any wrong by doing everything they can to promote the best result to their client. Our system is set up to work so that each side gets to tell its story from their own perspective and the juror gets to decide who to believe. The problem is sometimes your case is only as good as the jury you get so what is frustrating to me is seeing how the imbalance actually hurts victims as well. Someone who is a victim of an injury caused by a careless business in my hometown of Dothan will likely receive significantly less in damages since they live in a business-friendly county. However, a victim of the same wrong would likely receive much higher damages in Tuscaloosa County, even though there may be no difference in the fact pattern. I think our legislature needs to find a way to work with the business community and legal community to enact laws that at the very least promote parity throughout the state.

To be fair to my profession there have also been some laws passed in the last few years that were very one-sided in certain situations against the injury victims, and in our desire to correct a problem, we shouldn’t cut off Alabamians’ access to justice. There has been some excellent bi-partisan legal reforms which would fix the issue, but for whatever reason, they keep dying in the Senate. When I worked in DC for Republican leadership, I remember frequently hearing from House Members that the Senate is where good bills go to die, and I suppose that is happening in our state as well.

As a conservative, I am pleased the GOP controls all levers of government, but we have to demand more of our elected officials than simply having an R by their name. I think those of us who are conservative need to do a better job of educating our voters on what it is we believe and why we believe it. Back when I was majoring in political science at Samford University, I remember the words of one of my liberal political professor when he very clearly stated that political parties “stand for nothing.” I was deeply troubled by this statement because I knew why I was a conservative, but as time has passed, I understand that what he was saying was that voters don’t always ascribe to organizing principles, and sometimes parties simply take positions because it enables them to win elections. If our elected GOP officials are going to prove this statement to be false, they have to do more than introduce good legislation, they need to make sure it becomes law.

Senator Greg Reed is majority leader in the Senate, and from working with him personally I can say he is one of the wisest and most effective leaders in the state. However, even the best leaders can’t stop the one member who wants to use their power to kill good legislation, so I hope we will unite more around effective leaders in the GOP rather than have every member of the party go their own way. If we can get some pro-business legislation that is also considerate of the rights of victims, we can crank the engine of economic growth to a level that our state has never seen. Time will tell what route we take. As an attorney, I have seen the devastating effects that someone else’s negligence causes, and our legislators need to find solutions that seek to find a balance between business interest and injury victims access to justice. I am hopeful with a new governor; we now have a chance to get meaningful legislation passed.


Mr. Reid is general practice attorney in Birmingham Alabama. He has worked for Republican leadership in the United State House of Representatives in Washington, DC, and was a health policy advisor to the Governor of Alabama. You can contact him by email at chris.reid@reidlawalabama.com or by phone at 205-913-7406. A description of his practice areas is available at www.reidlawalabama.com.
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Alabama figure skater-turned-coach back home after Olympic, World Championships run

John Zimmerman IV says he wears his emotions on his sleeve. They were never more apparent than they were recently as he spoke at the  Homewood Grown fundraiser for Homewood schools.

“There are certain trigger points that just overwhelm me,” the Homewood native said. “I hold dear to what people do, how they support you. I think about it as they do it and I appreciate it.

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“Being in this environment, seeing all the great work teachers are doing, you are impacted by watching them touch lives.”

The figure skater-turned-coach was most moved as he talked about former Homewood High School Principal Jack Farr, who adjusted Zimmerman’s curriculum to allow him to pursue his dream. He followed that dream, with skating partner Kyoko Ina, to a fifth-place finish in the 2002 Olympics in pairs figure skating and a third-place showing that year in the World Championships.

“I found a few old stories but the main impact was the vision the principal, Jack Farr, had for me in the mid-‘80s,” he said. “It wasn’t the norm, especially in the pre-Internet age, to have that vision.”

These days, Zimmerman lives in Wesley Chapel, Florida, which is part of the Tampa Bay metro area. He and his wife, Italian-American skater Silvia Fontana, have two daughters, Sofia and Eva, and a son, John Luther, who’s known to most as Jack.

The couple teach and coach figure skating in Wesley Chapel but Zimmerman’s coaching has taken him to the same heights he reached as a skater.
He coached the French team of Morgan Ciprès and Vanessa James to a fifth-place showing in the 2018 Winter Olympics in Pyeongchang, South Korea.

Shortly thereafter, the coach and his skaters were getting set for the World Championships in Milan, Italy. Their preparation for that event was complicated by a commitment to skate in an exhibition in Grenoble, France, for the French Federation.

Their dream of earning a medal at the World Championships took a hit when Ciprès hurt his neck, which kept him from performing any of the lifts in their routine.

“(They did) just enough to get through the obligation they had to do in France,” Zimmerman said. “When they got back, there were 2½ weeks before we had to leave (for the World Championships). He couldn’t move at all. My sister’s a massage therapist and we had the Tampa Bay Lightning chiropractor working on him for about a week. They finally got enough movement going so he could do a few lifts right before we left.”

The pair wound up placing third at the World Championships, coincidentally matching what Zimmerman and Ina had done in their competitive days.

“Now they plan to stay for another year or two, as opposed to retiring as they thought they were going to do,” Zimmerman said. “They are finally feeling their groove and they’re going to stick with it for a while. Maybe we can get the world title.”

The coach is pleased to continue his work in Wesley Chapel. But there was talk of him coming home to Homewood.

“The to-be-continued thing would be if we could get an ice rink built in Homewood,” he said. “We joke about it in conversations on nights like this, but I think that would be interesting to talk about in the future.

“They joke about trying to get me back,” he continued. “They need to build an ice rink to get me back. I’d help them plan that out.”

(Courtesy of Alabama NewsCenter)

2 hours ago

VIDEO: GOP candidates debate without Ivey — Birmingham claims the legislature is racially discriminating — Donald Trump has a great week … and more on Guerrilla Politics!

Radio talk show host Dale Jackson and Dr. Waymon Burke take you through this week’s biggest political stories including:

— Did any of Gov. Kay Ivey’s challengers damage her in the latest GOP Gubernatorial debate?

— Can Birmingham actually block legislation from the state legislature over perceived racial issues?

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— Is this the week they FINALLY nail Donald Trump? (SPOILER: No)

State Representative Will Ainsworth joins Jackson and Burke to discuss the his candidacy for Lieutenant Governor and his controversial bill that would allow trained teachers to carry in Alabama schools.

Jackson closes the show with a “Parting Shot” directed at Democrats who keep talking about Roy Moore after GOP voters rejected him.

3 hours ago

How Christians can deal with the challenges of technology

The longer I’ve wrestled with the challenges of digital technology in my life and in the lives of others, the more convinced I’ve become that the ultimate answer is not “no technology” or “more technology,” but “more theology.”

If we want a deep, lasting, and spiritual solution, we need to learn and teach deep, lasting, and spiritual truths. Digital theology is the answer to digital technology; the oldest truths are the best rebuttal to the newest challenges.

Here are a few ways that understanding more of who God is can change our digital habits.

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God is Three-in-One

More Trinity is more effective than more technology. “Seriously?” you might say, “You think the Trinity is the solution to technology?” Partly, yes. The three persons of the Godhead enjoy perfect relationship with one another and seek to share that relationship with us, inviting us into that sacred community.

Digital theology is the answer to digital technology; the oldest truths are the best rebuttal to the newest challenges.

The Father, Son, and Spirit’s relationships with one another are characterized by love, trust, openness, and communication. Isn’t that the model for our relationships, especially with our children, particularly when it comes to technology? Isn’t that what we want to cultivate and emulate? The healthier relationships we have with our children, the healthier relationship they will have with technology. Deeper relationships are more effective than more detailed rules.

Additionally, this Three-in-Oneness is not just a relationship to copy, but a relationship to be enjoyed. We are invited to enter into that communion, to live in that holy family. The more we do that, the more the Trinity will replace technology; or, at least, regulate it so that our relationship to it is more balanced and beneficial.

God is good

Sometimes we can view technology with such terror that we give the impression that it’s all “of the devil.” No, technology is a wonderful gift of God. We are blessed to live in such times and benefit so much from the role of technology in our daily lives. How many lives have been saved by cellphones? How many separated families have been kept together by Skype and FaceTime? How many sermons and lectures have been spread around the world by Christian ministries?

The devil didn’t create and invent this. God did, as the giver of every good and perfect gift. Sure, the devil abuses the gift; sure, we pervert it into sinful uses. But none of that changes the fact that God created the materials, the forces, and the brains that have produced so much beneficial technology. The more we recognize that technology is a gift of God, the more we will abhor taking his gift and using it against him; the more we will take this gift and use it as he intended.

God is all-knowing

Our parents or spouses can’t see everything or be everywhere. Accountability software can be circumvented and our accountability partners duped. But we can’t escape, circumvent, or dupe the all-seeing eye of God. He sees everything: every place, every second, every screen, every click, every tap. He has a daily report of all the sites we visited, all the messages we sent, all the Instagram accounts we follow. Remembering that he knows makes a huge difference.

The more we can remind ourselves of God’s omnipresence and omniscience, the more we will seek to use technology in a way that gives him pleasure and not in a way that provokes his wrath. Yes, our technology use can please God. He delights to see truth instead of falsehood on Facebook, to hear sermons streaming across the world, and to observe our online witness to unbelievers.

God is Judge

God’s knowledge of us is not being filed away in some dusty cabinet or distant server that will one day be lost or wiped. No, as Judge, he will one day call us to account not just for every idle word, but for every idle and idol click, for every second spent in pointless time-wasting. We may silence our internal judge, our conscience; we may outsmart our earthly judges, our parents and accountability partners; but we shall never escape the judgment of God. Let his discerning judgment help you make discerning judgments in your use of technology

God is Savior

Sometimes guilt stops sin; our consciences pain us and warn us to change our ways. More times, guilt multiplies sin; it leaves us hopeless and despairing. We’ve sinned yet again with our cellphone, failed once more on our iPad. We feel so condemned, what’s the point in trying anymore? We’ve sinned so much; what harm will another sin do?

Guilt also multiplies sin by creating distance between ourselves and God. It alienates us and separates us from God, making sin all the easier. That’s why we need to hear about salvation, grace, and forgiveness all over again.

Nothing deters sin like the forgiveness of sin because it not only removes guilt, it also multiples love for the Forgiver. The more we can embrace forgiveness, the more we embrace the Forgiver, the more love to (and from) Christ we will enjoy.

God is powerful

Sometimes we can feel like giving up the battle against the dangers of technology. We look at the forces ranged against us and our children and ask, “What’s the point?” What am I against so much?” We’re right, the forces are too many and too mighty. However, greater is he who is with us than he who is with them.

With God all things are possible, and he loves to demonstrate his possibility, especially in our impossibility. His power is made especially manifest in our weakness. When we feel and confess our helplessness, that’s when he moves in with his almighty power. He can keep us and our children. He is able and mighty to save. He can also give us and all our children the Holy Spirit to resist temptation and to do what is right and good. His Spirit is far more influential than the spirit of the age.

God is wise

Sometimes we might be tempted to think God did not foresee this massive moral and spiritual challenge, that he did not anticipate it, and, therefore, has nothing in his Word to help us. After all, the Bible was written thousands of years ago. What can the papyrus age say to the digital age?

Thankfully God did foresee, he did anticipate, and has put sufficient truth in the Bible to guide us through this minefield. Many New Testament verses on Christian ethics can be applied to technology, but I’ve found the book of Proverbs especially helpful as a source of divine wisdom for the digital age. Why not read through it asking God for light on how to apply these ancient wisdom principles to modern times. God is wiser than the wisest tech moguls and has anticipated every development in technology until the end of time. We will never reach a day when we say, “Well the Bible has run out of truth?”

I’ve only scratched the surface here, but I hope you’re persuaded that the ultimate answer to digital technology is a robust digital theology.

(Courtesy ERLC)

4 hours ago

Pearson Education’s latest AP history textbook says Christians and Conservatives are racists

An AP U.S. History textbook slated for distribution in 2019 reportedly contains anti-Trump bias and says Christians and conservatives are racists and xenophobes.

Radio host Alex Clark of WNOW’s “The Joe and Alex Show” posted photos of the book and its contents on Twitter after publisher Pearson Education sent samples of the book to public schools to encourage school administrations to purchase it, according to Fox News. The textbook features sections on the Black Live Matter movement and the 2016 presidential elections in which author New York University Professor James Fraser portrays Christians, conservatives, and President Donald Trump supporters as bigots who fear non-white ethnicities.

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“There are specific parts where it goes off the rails from a historical textbook toward an op-ed,” Minnesota Rosemount High School student Tarra Snyder told Fox News.

“It was really, really surprising to me. I really believe that learning should be objective and that students can make their own decisions based on what they’re able to learn in a classroom; and if the facts are skewed, then students aren’t able to make well-rounded decisions on what they believe.”

A section of the book, “The Angry Election of 2016,” describes Trump supporters as “mostly older, often rural or suburban, and overwhelmingly white.” It also calls Trump supporters from Hillary Clinton supporters’ perspective “people who were afraid of a rapidly developing ethnic diversity of the country, discomfort with their candidate’s gender, and nostalgia for an earlier time in the nation’s history.”

Clinton supporters meanwhile “worried about the mental stability of the president-elect and the anger that he and his supporters brought to the nation,” according to the book.

White Christians feared the increase of minority populations in the years after 2012, the author also claimed.

“Those who had long thought of the nation as a white and Christian country sometimes found it difficult to adjust,” the book reads.

As for Trump, Fraser ascribes not only anger to him but also “not-very-hidden racism” and “extremism.”

The textbook was “developed by an expert author and underwent rigorous peer review to ensure academic integrity” and it was “designed to convey college-level information to high school students,” Pearson Education spokesperson Scott Overland told Fox News. The textbook “aims to promote debate and critical thinking by presenting multiple sides,” Overland also said.

(Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.)

5 hours ago

GQ condemns the Holy Bible: ‘Repetitive, Self-Contradictory, Sententious, Foolish … Ill-Intentioned’

In an article by “The Editors of GQ,” the men’s magazine blasts the Holy Bible, declares it a book you don’t have to read, and suggests an alternative.

“It is repetitive, self-contradictory, sententious, foolish, and even at times ill-intentioned.”

In its April 19 article, “21 Books You Don’t Have to Read” (originally, “21 Books You Don’t Have to Read Before You Die”), Gentlemen’s Quarterly (GQ) trashes 20 books (“Huckleberry Finn” is counted twice, for some reason) it deems undeserving of their literary stature:

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“[N]ot all the Great Books have aged well. Some are racist and some are sexist, but most are just really, really boring. So we—and a group of un-boring writers—give you permission to strike these books from the canon. Here’s what you should read instead.”

GQ’s review of the Holy Bible begins with a snarky slight of Christians:

“The Holy Bible is rated very highly by all the people who supposedly live by it but who in actuality have not read it. Those who have read it know there are some good parts, but overall it is certainly not the finest thing that man has ever produced.”

As for the content of the holy book, GQ’s contempt is summed up by this one sentence: “It is repetitive, self-contradictory, sententious, foolish, and even at times ill-intentioned.”

Instead, the editors at GQ would have you read a tale of two brothers “who have to get along”:

“If the thing you heard was good about the Bible was the nasty bits, then I propose Agota Kristof’s The Notebook, a marvelous tale of two brothers who have to get along when things get rough. The subtlety and cruelty of this story is like that famous sword stroke (from below the boat) that plunged upward through the bowels, the lungs, and the throat and into the brain of the rower.”

Here is the complete list of famous books panned by GQ, and the magazine’s recommended replacements:

  • Lonesome Dove by Larry McMurtry – Instead: The Mountain Lion by Jean Stafford
  • The Catcher in the Rye by J. D. Salinger – Instead: Olivia: A Novel by Dorothy Strachey
  • Goodbye to All That by Robert Graves – Instead: Dispatches by Michael Herr
  • The Old Man and the Sea by Ernest Hemingway – Instead: The Summer Bookby Tove Jansson
  • The Alchemist by Paulo Coelho – Instead: Near to the Wild Heart by Clarice Lispector
  • A Farewell to Arms by Ernest Hemingway – Instead: The Great Fire by Shirley Hazzard
  • Blood Meridian by Cormac McCarthy – Instead: The Sisters Brothers by Patrick deWitt
  • John Adams by David McCullough – Instead: Destiny of the Republic: A Tale of Madness, Medicine and the Murder of a President by Candice Millard
  • 9 & 10. Adventures of Huckleberry Finn by Mark Twain – Instead: Narrative of the Life of Frederick Douglass, an American Slave by Fredrick Douglass
  • The Ambassadors by Henry James – Instead: The Rise and Fall of the Third Reich by William L. Shirer
  • The Bible – Instead: The Notebook by Agota Kristof
  • Franny and Zooey by J. D. Salinger – Instead: Death Comes for the Archbishopby Willa Cather
  • The Lord of the Rings by J. R. R. Tolkien – Instead: Earthsea Series by Ursula K. Le Guin
  • Dracula by Bram Stoker – Instead: Angels by Denis Johnson
  • Catch-22 by Joseph Heller – Instead: The American Granddaughter by Inaam Kachachi
  • Life by Keith Richards – Instead: The Worst Journey in the World by Apsley Cherry-Garrard
  • Freedom by Jonathan Franzen – Instead: Too Loud a Solitude by Bohumil Hrabal
  • Gravity’s Rainbow by Thomas Pynchon – Instead: Inherent Vice by Thomas Pynchon
  • Slaughterhouse-Five by Kurt Vonnegut – Instead: Veronica by Mary Gaitskill
  • Gulliver’s Travels by Jonathan Swift – Instead: The Life and Opinions of Tristram Shandy, Gentleman by Laurence Sterne

(Courtesy CNSNews.com)