John Whitaker's Blog: Casper Journal Articles
18 Wheeler Crashes
December 4, 2012
Semi tractor-trailer wrecks are often the result of preventable driver error. Our law office frequently handles truck wreck cases throughout the State of Wyoming but most occur on Interstate 80 and Interstate 25 because there is so much truck traffic … Continue reading
Damages
April 22, 2012
In a perfect world, we would be able to take the broken body of the victim of say a semi tractor trailer wreck or perhaps a oilfield explosion into the jury room and have the jury lay hands on this … Continue reading
Teen Drivers
March 7, 2012
When I was a sophomore at NCHS they made us watch a movie titled “Death on the Highway.” The movie was designed to scare all of us into driving safely. The teachers were obviously trying to teach us something important, … Continue reading
Rules
February 7, 2012
I was watching the Super Bowl last Sunday and it occurred to me that it would be a wonderful thing if society in general would take a very simple lesson from sports. Sports have rules. If the receiver has both … Continue reading
Don’t Shoot The Messenger
January 16, 2012
In Shakespeare’s Anthony and Cleopatra, the concept of blaming the messenger was raised when Cleopatra is told that Anthony has married Octavia. On hearing the news, Cleopatra takes revenge on the messenger. The messenger responds “gracious madam, I that do … Continue reading
When Car Accidents Happen
December 3, 2011
In the first moments after a car crash a lot of very important evidence can be lost to the ages unless you have the presence of mind to collect yourself and then protect yourself. Whether you are trying to protect … Continue reading
Confidentiality Agreements
November 6, 2011
It appears that during the time Herman Cain was the President of the National Restaurant Association in the 1990s, he was accused of sexual harassment by at least two different women. The most damming allegation so far is that the … Continue reading
Trial Logistics
October 11, 2011
If you have ever served on a jury you probably got an impression about what goes into trying a case, but you may not have known a lot about what was going on behind the scenes. If you watch lawyer … Continue reading
Litigation as Orignal Sin
October 10, 2011
In the last week I met with two different people who had been seriously injured in automobile crashes. Almost the first words out of their mouths were to apologize for even contemplating the filing of a lawsuit, as if doing … Continue reading
Party Houses
September 20, 2011
I guess maybe I have been blessed. I live in a nice neighborhood where all of my neighbors are friendly, respectful and quiet. Sure, we all build decks or chop firewood at times, but when it is time for bed, … Continue reading
Getting Out Of Jail
July 26, 2011
Let me begin by saying that this article is being written to inform the relatives or friends of someone who has been arrested. Obviously, if you are the one that gets arrested there is not much you can do immediately … Continue reading
Wyoming Truck Crashes
July 5, 2011
I have noticed a disturbing trend recently in some of the Wyoming truck crash cases that we have been working on. The problem is that some of the truck drivers that are causing the accidents don’t even speak English. In … Continue reading
In Defense Of Our Local Constabulary
April 15, 2011
For about the twentieth time this month I was driving down Wyoming Blvd toward CY this morning and I came by the speed-warning signal near the entrance to Wolf Creek. The sign was madly flashing a speed that reminded me … Continue reading
Wrongful Termination
April 15, 2011
My brother Terry claims he likes to fire people. When some problem arises and it is time for an employee to go, Terry claim he likes to “fire them straight to hell.” I am glad I don’t work for Terry, … Continue reading
Wrongful Death Actions
April 15, 2011
Wrongful death actions are probably the hardest cases I do. There are a lot of reasons for this, but the primary reason is that in order to do one of these cases we must deal with the surviving family members. … Continue reading
Workers Compensation
April 15, 2011
Edward R. Murrow once said of the situation in Vietnam “anyone who isn’t confused doesn’t understand the situation.” I think the same can be said of parts of our legal system. We have rules, we have exceptions to the rules, … Continue reading
Truck Accidents
April 15, 2011
Commercial trucks weigh around 80,000 pounds. My car weighs about 3,000 pounds. I don’t know about you, but I don’t like those odds. For this reason there are special rules that apply to commercial trucks. The Federal Motor Carrier and … Continue reading
The Right To Privacy
April 15, 2011
Guess what? The United States of America is not a pure democracy. The citizens of this country do not vote on every national decision. We elect the President, Senators and members of Congress and they make these decisions. One of … Continue reading
Public Defenders
April 15, 2011
Most of us have experienced times in our lives when we felt truly powerless. Some more than others perhaps, but the feeling of powerlessness is one we all know at some level. Feeling powerless in a courtroom can be especially … Continue reading
Plea Bargains
April 15, 2011
I usually tell my clients that a courtroom is the worst place on earth to get your questions answered. You will get an answer, but you may not like it. The best way to avoid a potentially harsh result is … Continue reading
MIP’s
April 15, 2011
Several weeks ago here in Casper the police arrested a huge number of young people for being in possession of alcohol. The shorthand name for this charge is MIP (minor in possession). For the last 20 years I have seen … Continue reading
Legal Technology
April 14, 2011
I was sitting in the Denver airport a few months ago doing legal research. This may not sound like a real remarkable thing, unless of course you consider that I was doing the research on my cell phone. It’s not … Continue reading
Low Interest Credit Cards
April 13, 2011
Mark Twain must have been able to foresee the use of low interest bearing credit cards when he said “A man who carries a cat by the tail learns something he can learn in no other way.” I get about … Continue reading
Involuntary Commitment
April 13, 2011
I think the word “liberty” is one of the most beautiful words in our language. Patrick Henry said, “Give me liberty or give me death.” That statement pretty much sums up the feeling we all have about our liberty. We … Continue reading
Don Quixote’s Lawyer
April 11, 2011
Occasionally in my practice I encounter people who remind me of Don Quixote. I am sure you all remember the story of Don Quixote. He is a character in a book written by Miguel de Cervantes. Don Quixote is a … Continue reading
Independent Contractor Shell Game
April 3, 2011
Well, it looks as if British Petroleum would have relinquished its reputation for safety, if it had a reputation for safety in the first place. When the top brass of BP, Transocean and Halliburton were hauled before a Senate committee to explain the disastrous … Continue reading
Contingent Fees
March 13, 2011
Let me start this discussion with a question. Would you take a job if your boss told you that after you worked all week he would only pay you if you could whip him? Well that is how contingent fees … Continue reading
Courtroom Security
March 5, 2011
I can only hope that the cold blooded murder of three innocent people last week in an Atlanta courthouse will serve as a wakeup call the citizens of Natrona County. A man who was being tried for the rape of … Continue reading
Child Custody
February 26, 2011
I think most judges would agree that child custody decisions are among the very hardest decisions a judge must make. Predicting the future is a risky business, but we call upon our judges to do this almost everyday when we … Continue reading
Car Wrecks
February 26, 2011
Ok, so you have been in a car wreck. What do you do now? Well, bring your “A” game to the table because this process can get complicated. Let’s start with the injuries. If you are injured you obviously should … Continue reading
Car Insurance
February 26, 2011
I am always surprised when people come in to my office after an auto accident and tell me that they don’t even know where their automobile insurance polices are, let alone what they provide. This is like going to Las … Continue reading
Insurance Company Misbehavior
February 26, 2011
Most of us have seen that cute thoughtful little British gecko who sells insurance on television. Maybe it’s the camera angle or some other technical problem but when I watch that commercial I can never see his little fangs. He … Continue reading
Volunteers
February 26, 2011
A friend of mine is a volunteer for Casper’s Meals on Wheels program. She tells a wonderful story that perfectly illustrates today’s topic. It seems she was dispatched to deliver a hot meal to an elderly woman on the outskirts … Continue reading
The Constitution
November 13, 2010
Well, it looks like we are going to start looking at whether we should amend the Wyoming State Constitution in the next few months. It seems to me that before we start amending the Constitution we ought to think a … Continue reading
Slipping On Ice
November 5, 2010
Well, it looks like old man winter has descended upon our little village with a vengeance. I was attempting to get my garbage can back in the garage the other day with the wind howling across my driveway which was … Continue reading
Grand Juries
November 2, 2010
Well, the results are in. This year’s scariest Halloween costume winner was Special Counsel Patrick Fitzgerald when he showed up at the White House with a trick bag full of indictments. Mr. Fitzgerald has been conducting a grand jury investigation … Continue reading
Law School
October 23, 2010
There is an old saying about law school that I think is pretty accurate. The first year they scare you to death, the second year they work you to death, and the third year they bore you to death. As … Continue reading
Medical Review Panel
October 15, 2010
Don Imus had a slogan he used frequently. He would tell people, “I am not happy until you’re not happy.” Mr. Imus must have had a hand in creating the medical review panel. Since the law creating medical review panels … Continue reading
Family Violence
September 5, 2010
For most of us, our home is our castle. It is a place where we feel safe and secure. It is a place where we go to heal. It is a source of strength for us. It renews us. It … Continue reading
Dog Bites
August 12, 2010
In a perfect world the laws would be clear, easy to understand and remember. That was the way we thought it was in law school when we learned about dog bites. The rule we learned was called the “one bite … Continue reading
The First Amendment v. The Simpsons
July 10, 2010
A recent survey conducted by the McCormick Tribune Foundation discovered that only 1% of the people surveyed could name the five rights guaranteed by the First Amendment to the United States Constitution. The same survey found that 22% of the … Continue reading
Dangerous Tires
June 26, 2010
Today I want to tell you about one of my cases where old new automobile tires failed resulting in the completely preventable deaths of 4 extraordinary and unique human beings. The purpose of this article is to plead with anyone … Continue reading
The Recreational Safety Act
June 15, 2010
Well it’s summertime and I have writer’s block. I asked my wife what I should write about and she said, somewhat sarcastically, why don’t you write about “golf”? I really don’t play golf much but it occurred to me that … Continue reading
Criminal Law v. Civil Law
June 13, 2010
Well the legal system took a hit last week in Colorado when the criminal case against Kobe Bryant was dismissed. Now I don’t have a clue about whether he was guilty or innocent, but my fear is that the public … Continue reading
Contracts
June 13, 2010
Contracts are enforceable agreements between at least two parties. They can be either written or oral. Most of us are familiar with written contracts. A merchant hands us a written document and hopefully after reading it, we sign it. When … Continue reading
We The People
June 10, 2010
I spend a fair amount of time helping young people who are in legal trouble. After a while it really begins to seem like there is a serious problem with the teenagers in this county when you see a large … Continue reading
The War On Drugs
April 15, 2010
If you were looking for proof that the war on drugs is going badly you need only look south. Last month Mexico decriminalized possession of small amounts of heroin, cocaine, LSD, and marijuana. It is hard to believe, but it … Continue reading
Divorce
March 10, 2010
Thankfully, most people don’t have much contact with the court system. They have never been involved in a lawsuit, or accused of a crime. Maybe they spend a little time on jury duty, but for the most part they don’t … Continue reading
Is Health Care Reform Constitutional?
March 3, 2010
Well, let me go way out on a limb here and unequivocally state that your guess is as good as mine. The simple answer is that what we think does not matter. It depends on what the 9 Justices of … Continue reading
Rules of Evidence
February 15, 2010
Someone once said that “objection” is the word you hear right before truth enters a courtroom. This may sound a little cynical, but there is a lot of truth to this statement. For lots of different reasons, courts will sometimes … Continue reading
Implied Consent
February 11, 2010
When you get arrested for drunk driving you actually have at least two entirely separate legal problems. The first is the drunk driving case. This is a criminal charge and can result in a fine of up to $750 and … Continue reading
Legal Assistants
February 7, 2010
If you really want to know what is going on in any law office, just ask one of the Legal Assistants. Some people think that a Legal Assistant is just a secretary who works in a law office. Let me … Continue reading
Lawyers
February 7, 2010
I know this may sound a little paranoid, but I get the feeling lawyers are not very popular these days. We have all just endured an election process that could fairly be characterized as a street fight, and I am … Continue reading
Frivolous Lawsuits
December 21, 2009
There has been a lot of talk in the media about frivolous lawsuits. This is coming in conjunction with the national debate on healthcare but it is continuing to come up when we pick juries in almost any kind of … Continue reading
Jury Duty
September 22, 2009
Sometimes democracy can be inconvenient. Yes, I know we are all busy but the truth is that if you have ever believed that your vote doesn’t count you should sit on a jury. In my experience, there is nothing more … Continue reading
Bankruptcy
September 9, 2009
The other day somebody said that problems have solutions and dilemmas have horns. If you have ever owed more than you can possibly repay, but believed that we should all pay our bills, then you are familiar with the horns … Continue reading
Habeas Corpus
August 14, 2009
I remember an old Dan Hicks And The Hot Licks tune which was titled “How Can I Miss You If You Won’t Go Away?” I have a feeling that the people who are cheering the suspension of Habeas Corpus may … Continue reading
Small Claims Court
August 8, 2009
Courts were designed to allow people to resolve disputes by using a judge rather than a shotgun. This process works reasonably well, but it does take time, it usually requires the services of a lawyer and it can be expensive. … Continue reading
Protecting Your Business
July 13, 2009
Under the legal doctrine of “Respondeat Superior” an employer may be held liable for the actions of an employee who, while acting within the scope of his employment, injures a third party. The term “Respondeat Superior” is Latin for “Let … Continue reading
Caveat Emptor
July 7, 2009
I think one of the best examples of the legal doctrine of Caveat Emptor would be the old cowboy that came to see me after his wife filed for divorce. He was perplexed as to why his wife would be … Continue reading
High School Pot Smokers
June 19, 2009
Some of you may remember back in the 80s when then First Lady Nancy Reagan introduced the “Just Say No” to drugs program. Most young people made fun of the program and a lot of the youthful media coverage of … Continue reading
Pirates
May 5, 2009
Pirates like to pick the low hanging fruit. The easy stuff. They go for the slow moving ships because they are cowards. I was very pleased to see that a very clear message was sent to the pirates off the … Continue reading
Liability For Our Children
March 6, 2009
Ah parenthood! Isn’t it wonderful? Watching our children flourish while we take the credit for doing such a great job as parents. Well, if you are a parent, you probably know that there are times when being a parent is … Continue reading
State vs. Federal Power
February 15, 2009
I went to Virginia last summer to see where my father was born. I was surprised to hear that my grandparents were buried in a Confederate Cemetery in Fredericksburg, Virginia. As we traveled through the South talking to people, it … Continue reading
Roadside Olympics
December 1, 2008
Well the holiday season is upon us, and I thought I would give you all a little free legal advice. Do not drink and drive! I know a lot of you will agree that drinking and driving is a bad … Continue reading
Blood In The Snow
November 3, 2008
I vividly remember one of my first trials. The adverse party had just testified on direct, and after a break I was going to start my cross-examination. My client hated the adverse party and was about as emotionally involved in … Continue reading
Alternative Dispute Resolution
August 24, 2008
They say that necessity is the mother of invention. We filed a lawsuit recently and the earliest trial date we could get was 2010. That is a long time to wait for a day in court. Litigation takes time. Due … Continue reading
Probate
August 7, 2008
Ok, let’s assume for a moment that you just died. What should we do with your stuff? The answer to this question depends upon several preliminary questions. First, whether you left a valid will. Second, how much stuff did you … Continue reading
The Patriot Act and Elliott Spitzer
March 30, 2008
Well, New York Governor Elliott Spitzer had about as spectacular a flame out as any hypocritical politician in recent memory. Watching him crash was like watching the kid hit the baseball at his dad on America’s Funniest Home Videos. You … Continue reading
Sudden Death
March 3, 2008
This last month a very close friend of ours died unexpectedly. Her death was a complete shock to her family and friends because she was always thought to be the healthiest of any of us. She was young, single and … Continue reading
Buying a House
January 25, 2008
Purchasing a house will be the largest single transaction most of us will make in a lifetime. It never ceases to amaze me how many people buy houses without a clue as to the importance of the documents they must … Continue reading
Choosing A Lawyer
December 27, 2007
Picking a lawyer is like picking a doctor. If you have a broken knee you don’t go to a heart surgeon, you call an orthopedic surgeon. If you are looking for a lawyer to read a real estate contract you … Continue reading
Medical Malpractice
September 17, 2007
I ran into some old friends the other night at a charity function. I had not seen this couple for many years, and it turns out that they are in the business of selling medical malpractice insurance to physicians here … Continue reading