Law Offices of Brian Turner LLC

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Michael C. Quillen Joins Hill | Turner, LLC

In Uncategorized on May 1, 2010 at 7:08 am

The law firm of Hill | Turner, LLC, is pleased to announce that Michael C. Quillen has joined as counsel to the firm. Mike has practiced law in Alabama since 1975, most recently with the law firm of Walston Wells & Birchall, LLP.  His extensive background, both as an accomplished trial attorney and as a mediator, brings a wealth of knowledge and experience to the clients of Hill | Turner, LLC.  In addition to having tried over 100 jury trials, Mike is an accomplished appellate attorney.  He, along with Sam Hill, was involved in the landmark Gore v. BMW case before the United States Supreme Court.  He has been instrumental in settling or obtaining summary judgments in several hundred other cases.  Mike’s experience in evaluating and settling cases led to his developing an active mediation practice.  Mike was trained by the American Academy of Attorney Mediators and the American Arbitration Association, and is frequently asked by attorneys and judges to mediate cases.  Mike is a member of the Birmingham Better Business Bureau’s panel of arbitrators, and has served as a Court Appointed Special Advocate in the Family Court of Jefferson County representing the interests of children in cases of abuse and neglect.

“I am very excited to be joining the Hill | Turner team,” said Mike.  “Sam and I have worked together in the past, and I am looking forward to that renewed relationship.  Having watched this firm take shape, I am invigorated by the opportunity to turn this new page in my career and to work with such an exceptional group of people.”

“Mike’s experience is such a good fit for our firm, particularly the business litigation clients we represent.  His vision as a mediator and his approach to case evaluation will help shape the solutions we can provide to all of our clients,” said Brian Turner.  “Mike has been an excellent mentor, not only to me, but to so many lawyers,” added Sam Hill.  “Our clients will benefit from the experience he brings to the table and the perspective he will add to the issues our clients face every day.”

For more information about the firm, please click “About Hill | Turner, LLC” below.


Property and Business Owners File Claims Against BP

In Legal News, Uncategorized on April 30, 2010 at 10:27 am

As an out of control oil spill continues to grow in the Gulf of Mexico, property owners, business owners, commercial fisherman and real estate rental companies have begun filing suit against the owners and operators of the Deepwater Horizon oil drilling platform.

The Alabama coastline is set for a direct hit from the massive plume of oil that is spreading across the Gulf of Mexico.  According to today’s Birmingham News, Governor Bob Riley has announced that business owners who are affected by the spill will have the ability to file claims for compensation through the State – which Governor Riley expects to eventually be paid by BP PLC.

In advance of these claims, a number of class action lawsuits have been filed in state and federal courts all along the Gulf Coast.  It is expected that the Deepwater Horizon spill will have a devastating economic impact across the Gulf Coast from Florida to Louisiana.  Experts predict loss of business for the entire area and that property values will suffer in what is already a difficult real estate market.  Cancellations for vacation rentals are already being reported, and businesses that rely on tourist dollars are preparing for the worst.

Combining the economic impact that this oil spill will have on the State of Alabama with the immeasurable impact that the contamination will take on the entire Gulf ecosystem, this is a disaster that will affect all the residents of the Gulf Coast for years to come.

For more information on claims that have been filed on behalf of businesses and property owners, please visit our About Us page and contact HILL | TURNER LLC with any questions you may have.


Jefferson County to Pay Cost of Occ Tax Refunds

In Uncategorized on January 15, 2010 at 1:58 pm

On January 15, 2010, Judge David Rains entered an Order requiring the Jefferson County Commission to deposit $1.1 million into the occupational tax settlement fund to cover the cost of refunds to the taxpayers.   Judge Rains found that the County had claimed that it did not have the resources to process a refund and that the system put in place was the most cost effective.

Judge Rains further held that the County had been allowed to spend over $600 million in occupational taxes that were collected between the date the Alabama Legislature repealed the occupational tax and the date of his January 12, 2009 Order enforcing the repeal.  Judge Rains states, “The equities of this case do not support or justify any further waiver of the County’s obligations to the taxpayers who are due refunds under this Court’s Order of January 12, 2009.  The County owes the taxpayers a refund and the cost of administering that refund should be borne by the County.”

Further, Judge Rains ordered the County to deposit $2,450,547.92 for interest that has accrued under his January 12, 2009 Order, and further ordered that interest on the total amount owed back to the class, $47,812,627.95, shall accrue interest going forward at $15, 719.22 per day until the matter is resolved and refunds can be made.

The County has recently appealed Judge Rains’ latest orders and the Alabama Supreme Court has entered an expedited schedule for the parties to file briefs with the Supreme Court on those issues.


Children’s Jewelry Recall

In Uncategorized on January 14, 2010 at 11:26 am

The U.S. Consumer Product Safety Commission announced it is opening an investigation into The Associated Press’s findings that China’s low cost jewelry makers have been using cadmium in children’s jewelry.  Cadmium is shiny, strong and malleable at low temperatures, but has significant health hazards. Cadmium is a known carcinogenic. An investigation by AP found that 12 of 103 pieces of mainly Chinese-made children’s jewelry bought in the Unites States contained at least 10 percent cadmium, some in the 80-90 percent range. Two had less than 10 percent and the rest had none. The AP’s investigation has triggered retail superstore Wal-Mart, and the jewelry and accessory store Claire’s to pull all items cited by the investigation.

In all, China shipped about 1.3 million pounds of jewelry abroad in 2008 — a 15 percent decrease from the previous year, according to the Hong Kong-based consulting firm Global Sources. The Minneapolis Star Tribune (1/12) editorialized, “Efforts to protect Americans from contaminated products need to focus beyond cadmium.” Congress “also needs to bolster the safety of American-made products. The nonpartisan General Accounting Office has called for an overhaul of the toothless Toxic Substances Control Act, concluding that it emasculates federal regulators to the point that ‘the nation lacks assurance that human health and the environment are adequately protected.” The Star Tribune endorses legislation to reform the Act.

The children’s jewelry in question includes “The Princess and The Frog” movie-based pendants sold at Wal-Mart stores.  For more information, please see: http://www.msnbc.msn.com/id/34807662/ns/health-kids_and_parenting/


Occpational Tax Refund is Over $50,000,000.00

In Uncategorized on December 23, 2009 at 5:22 pm

On December 23, 2009, Judge David Rains entered an Order confirming that Jefferson County owes the taxpayers $ 50,262,456.83 for amounts collected under the County’s prior occupational tax.   Judge Rains held that the taxpayers had a vested right in this refund and that the subsequent enactment of the new occupational tax did not take that right away.  This refund covers taxpayers whose payments of the occupational tax and business license fee were collected by the County after January 12, 2009 and before August 14, 2009.    

This Order comes almost one year after Judge Rains declared the occupational tax invalid.  His Order of January 12, 2009, was affirmed by the Alabama Supreme Court on August 25, 2009.  Since that ruling, the County has continued to vehemently oppose the payment of refunds to the taxpayers.  Most recently, the County filed a motion seeking to set aside the escrow order under the auspices of the new occupational tax.  The County took the position that the new tax mooted the relief ordered by Judge Rains – despite the Alabama Supreme Court having asked the parties to brief the issue of whether the new tax mooted the case BEFORE hearing oral arguments and entering the August 25, 2009 opinion affirming Judge Rains.  After making a thorough analysis of the arguments presented, Judge Rains denied the County’s motion. 

In an effort to move the refund process forward, the Court appointed Edgar C. Gentle, III, as a special master to oversee the refund.  A settlement fund has been established and the County has transferred $37,796,302.06 to that fund.  According to Judge Rains’ Order of December 23, 2009, an additional $12,466,154.77 is due to be transferred, comprised of both principal ($10,016,325.89) and interest owed ($2,449,828.88).  Mr. Gentle is in the process of collecting the information necessary from employers in Jefferson County to identify those who are entitled to receive a refund. 

As much as we wish we could say this is the final chapter in the occupational tax fight and that refunds will be forthcoming quickly, the County has informed the Court that it intends to appeal these rulings to the Alabama Supreme Court.  We are hopeful that the Supreme Court will dispose of these matters as quickly as possible so that the taxpayers of Jefferson County can receive their refunds.  Going forward, the Court’s judgment will be earning interest at the rate of $478,126.28 per month until the matter is resolved and the taxpayer refunds can be processed.

Baby Beds Recalled for Suffocation Hazard

In Uncategorized on December 9, 2009 at 11:16 am

On December 8, 2009, the Consumer Product Safety Commission has issued a notice of the voluntary recall of approximately 24,000 Amby Baby Motion Beds. Do to the side-to-side rocking motions of the hammock beds infants can roll and become trapped between the hammocks fabric or mattress pad, posing risk of suffocation. Amby is aware of two infant suffocation deaths caused by the Amby Baby Hammock. There is only one model of the Amby hammock available which can be identified by a label sewn onto the hammock stating: “Amby-Babies Love It, Naturally.” The hammocks were sold online at Ambybaby.com as well as other retailers from January 2003 through October 2009 for about $250. Consumers should immediately stop using the Amby Baby motion beds/hammocks and contact Amby Baby USA for a free repair kit.  For additional information, contact Amby Baby USA toll-free at (866) 544-9721 between 9 a.m. and 5p.m. ET Monday through Friday or visit the firm’s Web site at www.ambybaby.com


Largest Crib Recall In History

In Uncategorized on November 24, 2009 at 10:19 am

The Consumer Product Safety Commission has issued a notice of the voluntary recall of more than 2.1 million Stork Craft drop-side cribs. The cribs’ plastic hardware can break, deform, or parts can become missing. In addition, if the drop-side is attached upside-down it can lead to damage of the plastic clips and possible detachment. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space possibly leading to suffocation. Complete detachment of drop-sides can lead to falls. 

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. 

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. This recall does not involve any cribs that do not have a drop-side or any cribs that have metal rod drop-side hardware. 

Approximately 1,213,000 units were distributed in the United States and 968,000 units distributed in Canada. The cribs were sold in the United States and Canada at stores including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400. 

CPSC also issued a reminder to parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope. 

For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com.  If you or someone you know has been injured by a defective product and are seeking more information, please go to our “about us” page and contact Hill | Turner LLC.


Court Agrees With Taxpayers’ Lawyers – It Is Time for Refunds

In Uncategorized on November 21, 2009 at 9:57 am

Circuit Court Judge David Rains held a hearing on November 20, 2009, to address post-judgment issues pending in the Jefferson County occupational tax lawsuit.  After three hours of testimony and argument, Judge Rains instructed counsel for the County, as well as the County’s Revenue Director, to work in good faith with the lawyers for the Taxpayers and their designated settlement administrator, to devise a plan for prompt refunds to the Taxpayer Class. 

“Judge Rains was clear,” said Sam Hill. “He is ready for the people who paid this tax to receive their refunds.  Ed Gentle provided a great starting point.  Now we have to fill in the blanks so these refunds can happen.”  Added Allen Dodd, who argued on behalf of the Taxpayer Class at the hearing, “I was surprised and happy to hear the County’s lawyers say that they were willing to work in good faith with us toward this end.  The next several weeks will be very busy, but I am optimistic that with everyone’s work, we will have a plan in place to make these refunds happen soon.” 

While not ruling from the bench, Judge Rains instructed the County to assume he would deny their motion to dissolve the injunction he entered in January and that the money would go back to the Class – not to the County.  “As Judge Rains said, we expect the County to appeal and fight every step of the way,” said Jim McFerrin.  “While I hope the message Judge Rains made clear from the bench was not lost on the County, I expect they will continue to do all they can to avoid having to comply with the orders of both Judge Rains and the Alabama Supreme Court.   Maybe they’ll prove me wrong and we can wrap this up.  Time will tell.” 

The parties were given time to respond to issues raised by the County the night before the hearing.  But, Judge Rains told the parties that addressing those issues was not to be used as a reason for any delay in getting the refund process in place. 

For more on this hearing, please see http://blog.al.com/birmingham-news-stories/2009/11/judge_pushes_jobs_tax_refunds.html


Hill | Turner LLC Hosts Judicial Candidate

In Uncategorized on November 13, 2009 at 10:08 am

Hill | Turner LLC was proud to host a fundraising event for Ferris Ritchey, candidate for Shelby County Circuit Judge, Place 4, on November 12, 2009.  The firm wishes Ferris the best of luck in his campaign and thanks everyone who came out to show support for Ferris.  For more information about Ferris and his campaign, please see www.electferrisritchey.com


Yaz/Yasmin Birth Control Injuries

In Uncategorized on October 21, 2009 at 12:32 pm

Bayer Corporation, the maker or the popular birth control Yaz, and its predecessor Yasmin, is currently facing legal issues due to potential health problems associated with these drugs. While all hormone based birth control poses some health risks, the risks are greater with Yaz and Yasmin because they are created using a third generation progestin called drospirenone.  Drospirenone can cause an increase in potassium levels in the blood, which can lead to hyperkalemia.  Hyperkalemia has been linked to various medical conditions, including heart rhythm disturbances, such as extrsystolies, pauses or bradycardia.  If left untreated hyperkalemia can be fatal.  Drospirenone also increases the risk of blood clots forming, including deep vein thrombosis which can lead to heart attacks, pulmonary embolisms, or can travel to the brain causing strokes.  These are serious health concerns that consumers should be aware of.  Since Yasmin and Yaz have been on the market, there have been hundreds of accounts of injury and death reported in users of these drugs.   If you or someone you know has been injured by a defective product and are seeking more information, please go to our “about us” page and contact Hill | Turner LLC.

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