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Photo of Legal Insight and Litigation James E. McKiernan, III
Senior Attorney
jmckiernan@mcbrayerfirm.com
502.327.5400; ext. 2312
View Bio
I am a problem solver by nature and I wanted to use this innate passion in my career; the practice of law allows me the ability to harness it and direct it toward a greater goal. I love learning …

Showing 2 posts by James E. McKiernan, III.

It May Be Dry January, But It’s Never a Bad Time to Brush Up on Dram Shop Liability

It’s a new year, which means plenty of people are resolving to give up or lessen their consumption of alcohol. But no matter how many resolutions are made, establishments that serve alcohol will still run into their fair share of problems with people who have had too much to drink. If such an individual causes some kind of harm, the retailer could be held accountable under dram shop laws. Here’s what you need to know about dram shop liability—and how to avoid it. More >

Three Types of Immunity You Can't Get from a Vaccine: Defining Governmental, Sovereign, and Qualified Immunity

There is more than one kind of immunity, but amidst all the coronavirus talk, it can be easy to forget that not all of them involve white blood cells and Vitamin C. The legal doctrines of qualified immunity, sovereign immunity, and its similar-but-slightly different successor governmental immunity are often misrepresented, misconstrued, and confused. The distinctions, however, are important to understand the many complex and controversial issues that find their way into public discourse. More >

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