The Law Office of W. Andrew Arnold, P.C. News & Resources

Due Process Should Run Its Course in Boeing Case

Jul 15, 2011 | Practice of Law

Here is a link to my July 10, 2011 article in the Greenville News: Due Process Should Run Its Course in Boeing Case....

Zimmer All-Metal Hips Next Wave of Products Liability Lawsuits

Jun 26, 2011 | Litigation, Personal injury, Products Liability

I will soon be filing an action for a client who had both hips replaced with metal-on-metal hips manufactured by Zimmer. Since the replacements, the pain has been debilitating.

Thou Shalt Pay Me What You Owe Me: The S.C. Wage Payment Act

Mar 25, 2011 | Employment Law, Unpaid wages

South Carolina Wage Payment Act requires employers to pay employees their earned wages, including bonuses and commissions. The law protects those who protect themselves.

Spartanburg Kiddie Train Tragedy: More Questions than Answers

Mar 22, 2011 | Litigation, Personal injury

UPDATE 3/24/11--Well, less than a week out and the first lawsuit has been filed. And it appears to be on behalf of...

Oh No You Didn’t: Supreme Court Extends Title VII Protection Against Retaliation

Mar 14, 2011 | Employment Law, Litigation

In an eight-page opinion by Justice Scalia, the Supreme Court unanimously held that (1) North American Stainless violated Title VII if it fired Thompson in retaliation for Regalado’s complaint; and (2) Title VII provides Thompson with a cause of action against his former employer.

NPR Nursing Home Resource Helpful For South Carolina Families

Jan 23, 2011 | Nursing Home Law, Reading Recommendations

Folks in South Carolina have limited options for 24/7 skilled nursing care, and the difficulty of accurately assessing quality of care in advance only adds to the problem.

Power of Attorney: The Arbitration Trap For The Elderly

Oct 3, 2010 | Practice of Law

Many a parent will grant a son or daughter the power of attorney to sign checks, sign contracts, make purchases, make gifts to others, and/or any combination of activities that are legally binding. Many times a lawyer’s power of attorney is a standard form, and unfortunately, most set a standard trap for the unwary.

South Carolina Lawyer Completes National Nursing Home Litigation Sessions

Oct 3, 2010 | Practice of Law

I think it is important and helpful for folks to know that I am a member of the American Association for Justice (AAJ) Nursing Home Litigation Group.

Nursing Home Negligence: Breach of the Standard of Care

Aug 31, 2010 | Litigation, Nursing Home Law

Although a nursing home neglect case is a negligence action, it requires an expert to testify that the nursing home breached a standard of care.

McDonald’s Hot Coffee Continues to Spill into Tort Reform Debate

Jul 21, 2010 | Practice of Law

I heard someone discussing the McDonald’s hot coffee case the other day, and like most folks, the speaker knew nothing about the real facts of that case. Regardless, this case still impacts the debate about reform of our civil justice system (i.e., tort reform). A new documentary, Hot Coffee, just released explores how the case has been misrepresented to advance the anti-civil justice agenda of big business, including the health care lobby. I thought this was a good time to help spread the truth about the facts of this case.

Learned Hand: The Spirit of Liberty

Jul 1, 2010 | Book Review, Philosophy of Law, Practice of Law

I like to read. Of course, I like to write also, but this is the first blog post in a month. And likewise, I started...

Law Basics: Employment at Will

May 28, 2010 | Employment Law

The most fundamental concept in employment law is “employment at will.” Employment at will is a presumption that attaches to employment relationships of indefinite duration: An employee at will can be fired for a good reason, bad reason or no reason at all.

A Pragmatic View of Employment Law

Apr 19, 2010 | Employment Law, Philosophy of Law, Practice of Law

Certainly, an evaluation of “what the law is?” must begin the text of the law, whether statutory or court decisions. But, instead of the text being the end of the inquiry, it is usually only the beginning of the inquiry. Each case is a unique. And, the Law is a social practice. And so, the question in practice is “how will the law be used?” Experience is a good guide.

The Ripple of the Radical Sabbatical

Apr 4, 2010 | Practice of Law

On April 1, 2005, I shut down my law practice for a one year sabbatical. The twist to this chapter of my life is that the real payoff of the year in exile was a rediscovery of a passion for law (and the business law).

Quotable Holmes: Lawyer as Prophet

Mar 21, 2010 | Constitutional Law, Practice of Law, Reading Recommendations

In 1897, the Harvard Law Review published the influential essay, The Path of Law, which further elaborated on his pragmatic view of law. I was reading it again the other night and wanted to introduce some quotes to the readers of this blog.

When Neglect Does Not Add Up: Nursing Home Understaffing

Mar 16, 2010 | Practice of Law

Staffing in a nursing home is a matter of math. Do the math to add up the profits for understaffing. Do the math to subtract the costs to those who are injured. Math will tell you whether there are enough minutes in the day. In my opinion, jury’s are a variable to plug into the mathematical equation of understaffing to make sure that providing bad care does not pay.