Browning Law News Blog

      Now that the world knows the OceanGate Titan has imploded, killing everyone on board, the question arises whether there will be any lawsuits following this underwater disaster.     The five who boarded the vessel on its ill-fated cruise to explore the wreck of the Titanic were all required to sign a waiver of liability, absolving the company of any liability for damages in the event of a disaster, and acknowledging the vessel was experimental, and going on this venture involved the risk of injury or death.     There have been many articles written concerning mistakes that were made, and conscious choices by the company to engage in shortcuts and to disallow safety inspections before the voyage.     There is no easy answer to this question.       Liability waivers are common on potentially hazardous ventures.  They are even common on trips that involve no apparent risk, just as a standard CYA practice by those owning the event.     This will be a hard-fought battle in court.     T

  The perpetrator of the deadliest anti-semitic shooting episode in American history was convicted Friday of all of the 63 criminal counts against him.  In that crime, he murdered 11 worshippers and wounded seven others.  During the trial, Robert Bowers admitted he was responsible for the massacre. The evidence being 100% against the accused, the defense team offered no defense witnesses after the prosecution rested.  The defense will focus on defending against the death penalty.  Sentencing will occur at a later date. Traditionally, the defense of a particularly heinous crime involves focusing on the theme that anyone who would do such a thing must be insane, and look for treatment and a life sentence.  The State will brush that defense aside and tell the court not to confuse "pure evil" with "insanity." Aside from applauding the verdict in this case, my interest is in the government's bringing a "hate crime" charge against the defendant.   They can d

  There are consequences when drugs and guns and money are found in the same place. Of course, drug crimes can be misdemeanor or felony crimes.  A large amount of any illegal substance will put the one in possession at risk of being charged with "trafficking" in such drugs.  Trafficking charges carry minimum prison sentences.   In this age when the great majority of states have de-criminalized marijuana possession, in Idaho possession of a single seed of marijuana is enough to earn a jail sentence.  Possession of one pound of marijuana will earn the defendant a one-year mandatory minimum prison sentence for trafficking in marijuana, even if the weed is for personal use. The tiniest amount of a harder drug such as cocaine or methamphetamine will warrant a felony charge, but larger amounts of any felony drug will carry minimum prison sentences for trafficking in that substance.  The key is volume.  Once the volume of methamphetamine reaches 28 grams, it is a trafficking amount

 The sentencing date for Lori Daybell has been set for Monday, July 31, at the Fremont County Courthouse. Certain persons will be allowed to speak on her behalf, and in cases like this, only certain persons who wish to see her burn in hell for all eternity will be able to speak in favor of harsh punishment. Before sentencing in Idaho can take place, a presentence investigation report must issue.  A probation officer will prepare a memorandum to assist the judge in making his sentencing decision, and the prosecution and defense will have about a week prior to trial to review the report and recommend changes to the report or to cite portions of it. In this case, Daybell was found guilty on May 12 of conspiracy to commit murder, first-degree murder of her children, grand theft, and conspiracy to commit the murder of Tammy Daybell, her husband's former wife.   On August 5th, 2021, the prosecutors for Fremont and Madison Counties jointly filed a notice that they intended to seek the dea

  One of the first things a student learns in law school is how to research and write a brief.  This is a difficult skill to learn, and writing a good brief can take considerable time and expense. When I entered law school, two electronic research aids had just appeared: Westlaw and Lexis.  These were electronic databases that saved lawyers considerable time and allowed all of us to write better briefs. Electronic databases have become so prevalent that many law libraries no longer house "real" books.  the only resource for legal research has been, for the last 10-15 years, the electronic database online. In the past two years, a major breakthrough has occurred in this area: the use of artificial intelligence in researching and writing legal briefs. Many lawyers have sought to cut their research and writing time significantly through the use of AI services.  One such resource is ChatGPT. This service not only researches your issue, but it also writes your brief. That saves la

For ages in this country's two-party electoral system, states have fought to give control of Congress to one party or the other.  There are voting districts in which votes are cast to determine which party will control each district's vote in the House of Representatives.  One of the ways a party might seek to gain control is by how the district boundaries are drawn.  Historically, the majority party within a state, in some cases, has gone to great lengths to weave district boundaries to include certain areas and exclude certain areas to ensure the minority party will have its ballot-box power diluted by including only a small fraction of the total vote in each district. The word "Gerrymandering" was named after Massachusetts Governor Elbridge Gerry, who signed a bill in 1812 that created a partisan district in Boston that was roughly shaped like a salamander. When states' census numbers are tallied every 10 years, the states usually have to re-draw district lines

Last week I had an unfortunate visit from a woman who wanted me to represent her. She had come in to see me a couple of years ago and now wanted to hire me to assist her in pursuing her claim, which had arisen out of an automobile accident.  I asked her when the accident had occurred.  She answered it had occurred 2 1/2 years ago.  I told her that I could not help her, as her statute of limitations had already passed. She left my office in tears. Unfortunately, there are rules in the legal system that are designed for the efficient administration of justice that may work against you.  They limit the amount of time you have to bring a claim. Accident claims If you have been in an accident, you want to settle your case, but you probably should not settle soon after the accident, because you may not know the full extent of your damages until some time has passed.  The law says that if you desire to file a lawsuit for losses in a car accident, you must file that complaint within tw