World of Legal News

Support Signing of the New Jersey Wrongful Death Act

2008-01-10T07:48:00.000-08:00

The New Jersey Senate and Assembly just passed new legislation giving
family members a cause of action in a wrongful death case for the
emotional pain and suffering one endures. Until now, the only claim
family members had was for the economic loss they suffered. A death
claim in NJ for the loss of a young child or elderly parent had very
little value.

ATLA-NJ has been trying for over 20 years to get a bill approved and
this is the closest we have ever gotten - it's now or never!

The bill is now on Governor Corzine's desk awaiting his signature. We
need as many people as possible to call the Governor and ask that the
bill be signed. The governor's office is not taking names or numbers -
just a numerical count of those asking that the bill be signed or
vetoed.

The governor has not yet made up his mind.

Please call Governor Corzine's office at 609 292 6000 and ask that the
governor sign the Wrongful Death Act A-1511 / S176. The call takes
about 10 seconds.

Mesothelioma Law Blog

2008-01-05T08:07:00.000-08:00

Here's a new blog on Mesothelioma. The Mesothelioma Law Blog. published by Burke & Eisner, P.A. It is designed to discuss:

1. asbestos related cases:

Johns Manville Trust
W.R Grace Bankruptcy
Individual asbestos lawsuits

2. the associated injuries:

abestosis
mesothelioma
lung cancer

and 3. developments in the law.

Malpractice Blog Reborn

2007-12-20T12:47:00.001-08:00

Here's a Medical Malpractice Blog that has been reborn after a year of no posting.

www.medicalmalpracticelawblog.com

Cerebral Palsy Diagnosis

2007-12-07T21:52:00.000-08:00

And another post from over at the Cerebral Palsy Law Blog. This one by the law firm of Burke & Eisner, P.A.

This entry covers cerebral palsy diagnosis. It looks at a few of their historic posts and some of the symptoms that you might see.

New Hampshire Car Accident Lawyer

2007-12-07T12:13:00.001-08:00

Over at Burke & Eisner there is a great deal of information on NH car accidents and car accident law. They even have a series of emails that they can send you to give you some information without having to hire them. New Hampshire Car Accident Lawyer.

Fibromyalgia and The standard for admission into evidence?

2007-11-26T15:08:00.000-08:00

From over at the Florida Workers Compensation Blog This lawyer explores the legal background on whether testimony supporting that claim should be admissible if it doesn't meet the Frye Standard for admissibility.

This article may be way over your head if you don't know anything about law, but it is a good article nonetheless.

Truth stranger than fiction

2007-11-23T12:28:00.000-08:00

You know I read this kind of stuff and I am amazed. This is truly an awful situation and it is unusual.

You've heard it said that "truth is stranger than fiction." It would be safe to say that this medical malpractice situation is one of those incidences . Long Island physician, Dr. Harvey Finklestein, may have exposed hundreds to Hepatitis C, Hepatitis B and HIV according to the Nassau County Health Department.

When Finkelstein's was investigated, what was observed is alarming. " The investigators' report states that they observed Finkelstein reusing the same syringes. Upon observation, he was immediately told to stop reusing syringes.

http://glendale.injuryboard.com/doctors-medical-malpractice-puts-hundreds-at-risk.php

Wall Street and Nursing Homes

2007-10-07T07:25:00.000-07:00

Here they come. Wall Street buying up nursing homes. Is that in the best interest of the patients???

Check out this entry from the South Carolina Nursing Home Blog

In recent years the Long Term Care industry has seen thousands of nursing homes across the nation taken over by Wall Street investment groups and unfortunately, this change has not been to the advantage of the residents. Many of the nursing homes purchased were struggling financially before ownership changed hands and are now returning millions in profits at the expense of the residents who rely on these facilities for their daily needs.
Take for example Habana Health Care Center in Tampa, Florida. It was purchased along with 48 other nursing homes in 2002 by Wall Street Investors including Warburg Pincus and The Carlyle Group. The Carlyle Group bought out Dunkin' Donuts. (I'm sure that makes them good health care providers.) Since these groups have taken over, costs have been cut to pull Habana out of its struggling financial situation. The Centers for Medicare and Medicaid Services indicate that the number of Registered Nurses employed at the facility has been cut in half. Florida's Agency for Health Care Administration reports that budgets for nursing supplies, resident activities and other services have also been cut. The nursing home was repeatedly warned by regulators that staffing was below the required levels and inspections revealed several violations.
In just three years 15 Habana residents died resulting in lawsuits claiming neglect.

Read the rest of the post at the South Carolina Nursing Home Blog

From the Cerebral Palsy Law Blog

2007-10-05T08:52:00.001-07:00

A $13 Million Dollar Verdict in Des Moines for the family of a child who has cerebral palsy.

A Polk County Jury has awarded a family $13 Million to compensate them for a Medical Malpractice mistake that took place during the birth of their son.

http://www.cerebralpalsylawblog.com/

Beef Recall

2007-09-16T19:00:00.000-07:00

From over at the Food Poisoning Law Blog...

News that there were 3 cases of E.Coli Poisoning prompting a recall of some beef.

Three cases of confirmed E. coli O157:H7 have prompted Stew Leonard’s grocery store in Yonkers, New York, to recall 96% lean ground round. (Update: A fourth case of E. coli O157:H7 has been reported.) The package of ground beef in question was purchased on July 21, 2007. The company “out of an abundance of caution” has recalled all Stew Leonard’s 96% lean ground round that was purchased between June 30, 2007 and August 1, 2007. At this point, the only remaining recalled meat is in consumers’ freezers.

Source: E. coli O157:H7 Cases Prompt Stew Leonard's Beef Recall

Six Steps for effective divorce planning

2007-09-16T17:43:00.000-07:00

I have always had trouble with the idea of planning a marriage while at the same time thinking about how to handle the divorce when it comes... Seems like setting one self up for a fall.

Nevertheless. Here is a blog post that give you six steps to plan for that 40% chance of needing a New York Divorce Attorney... From the New York Divorce Blog...

Nobody marries with the expectation of failure. Couples never contemplate that the person they once loved could eventually become an adversary and an enemy. Yet, statistics paint an alarmingly bleak. Approximately 4 out of 10 marriages today end in divorce.

One of the greatest contributors to divorce is the issue of "control" - either financial or personal. Who controls the bank account? Who decides what to buy and when to buy it? When one partner to a marriage "controls", the other partner loses their sense of self. A divorce becomes imminent as the controlled partner tries to regain their self-esteem.

Here are six (6) steps you can take to protect yourself financially if you believe your marriage is in jeopardy:
1. Keep Non-Marital Assets Separate
Non-marital assets are not part of the assets divided in a divorce. Instead, they are considered the asset of either the husband or the wife and generally awarded to that person in a divorce proceeding. Categories of non-marital assets include:
property you inherit;
proceeds from personal injury awards (ie. Worker's compensation or accident proceeds);
items owned prior to marriage; and
gifts to one party rather than the family.

For the rest head over to the Blog Post for the full list... Six Steps for Effective Divorce Planning

Maritime and Admiralty Law

2007-09-16T17:37:00.000-07:00

I found this blog and a link to a 5 part series introducing people to Maritime law. I will be reading this to learn about this area of law. I had always thought that admiralty law was all about personal injury law applied to ships at sea. Now we'll see what I never knew...

(Part 1 of a 5 Part Series on Maritime Injury and the Jones Act)

Offshore workers face particularly high risks of on-the-job-injury. Seaman working offshore live a life that is completely different in many respects from those working onshore. Seaman and offshore workers spends days, weeks, and even months at a time away from their families, away from medical help, and on the open ocean or other large bodies of water.

Fortunately, the law recognizes the special contributions, and special dangers, faced by maritime workers.

This is a brief discussion of the Jones Act and is the first in a five part series discussing maritime injuries and the Jones Act.

http://maritimeinjury.vbattorneys.com/2007/09/articles/maritime-injury-law-the-jones-act/

Ooops the Devil is in the details.

2007-09-06T08:49:00.000-07:00

From over at the New York Attorney Malpractice Law Blog, a post on a settlement and subsequent annuity that resulted in a verdict against a law firm.

A woman sued the lawyers who represented her in a medical malpractice case involving her baby son. The case was settled for 6.75 million dollars. The mother wanted to buy two annuities, but wanted to be sure that the annuities would provide a monthly benefit payment for the child, in addition to a lump sum payment for her to use at her discretion once a year for three years. The documents did not explicitly so reflect.

See his take on it over at the his malpractice law blog

Buy Low Divorce High

2007-09-05T11:17:00.001-07:00

Couldn't resist reusing the title. This seems like common sense, but I hadn't thought of it.

A side effect of the property boom of the past decade has been the real-estate-enabled divorce.

Because of the high values, people can afford to divorce.

Source: http://realestate.netscape.com/story/2007/09/05/buy-low-divorce-high

Do it Yourself Divorce

2007-09-04T09:09:00.000-07:00

From the Courier Journal in Kentucky a story about Do it yourself Divorce. It is certainly true that divorce is a very expensive process. The point here is to reduce that cost.

For $10, couples without major settlement issues can get a packet and quickly navigate the often treacherous and expensive path to divorce without attorneys or possibly even setting foot in a courtroom.

That's a cheap Divorce for sure. BUT it also got the couple in the article access to the courts and access to courts is a major problem with today's legal system.

September 11th Lawsuits

2007-09-04T09:02:00.001-07:00

Here is an excellent post from the New York Personal Injury Law Blog concerning the problem with compensation through the Sept 11th compensation fund.

Here is the problem in a nutshell: The economic losses of the victims were evaluated with a schedule dependant on earnings that resulted in an average award of $2M. But the non-economic loss was limited to a flat $250,000, plus $100,000 to surviving spouses and children, regardless of whether death came instantly and without warning based on a direct hit by an aircraft, or whether a victim was on board a flight for 45 minutes in fear, or stranded on a high floor of a tower before it collapsed. (The feeling at the time was that this was too difficult a task for 3,000 people, many of whose stories would never come out.)

So those who lost family members who were not earning any money, children, retirees, etc., felt they were treated unfairly and could not, or would not, simply take a small sum without exploring the accountability of numerous entities, such as the airlines, Boeing or security companies that were supposed to be screening passengers. Here is one example of some of the thinking:

Head on over to the Blog for the rest of the story

School Dog Bite lawsuit settles

2007-09-03T19:59:00.000-07:00

It's not everyday that you see the amount of a settlement listed in the news.

The school district’s insurance company will pay $15,000 to the student’s family and to her lawyer, according to attorney Melissa Hewey, who represents SAD 34. The settlement also covers teacher Nickolas Hanson.

It's also not everyday that you see the lawyer's name listed in the paper.

The dog was sitting on Hanson’s lap when it bit through the girl’s upper lip without warning or provocation, according to the complaint filed by attorney Jodi Nofsinger of Berman & Simmons in Lewiston.

I always wonder if it is written policy at newspapers to never right down a lawyer's name. Are they afraid of giving a little publicity?

Anyway, this case is from Maine. A teacher brings in a dog for a photography class. No big deal right...

Except in this unfortunate case, the dog bits a student and goes right through the upper lip. She probably need some sort of stitching and had some scarring.

In many states you do not have to prove negligence to bring a dogbite case.

Source: MaineCoastNow.com

Defibrilator lawsuits settled

2007-09-02T08:01:00.000-07:00

From back in July. Boston Scientific has settled all pending lawsuits for about 195 million dollars. These lawsuits appear to be based on the defibrilator or pacemaker not delivering a shock in some circumstances.

Boston Scientific had resisted settling the cases. It said that most of the plaintiffs didn't experience a device defect or failure, had no need to have their devices removed and thus shouldn't be able to sue for emotional distress. The company argued that the failures were rare -- fewer than one in 500 in the case of one defibrillator -- and that it already had warned doctors and patients that the devices weren't perfect.

Lawyers involved didn't comment because of a judges order not to.

From the WSJ.com

New Dog bite law in Texas

2007-09-02T07:52:00.000-07:00

Looks like lawyers in Texas might get some help with a new Texas dog bit law. This law goes into effect this Saturday.

From NBC5i.com

According to new a Texas dog bite law going into effect Saturday, animal owners will face felony charges if their dogs seriously injure or kill someone.

Recording industry faces a class action

2007-08-31T20:03:00.000-07:00

The Recording Industry Association of America's tactics to fight piracy may change dramatically because of suit seeking class-action status, observers said

The case, filed in the U.S. District Court in Portland, Ore., alleged RIAA used "illegal and flawed" methods when investigating people for downloading or swapping copyrighted songs without paying, Variety reported Friday. The plaintiff, a disabled single mother, claims the RIAA knew of the faulty methods but continued to pursue its lawsuits, even against innocent people such as the woman who filed suit.

I guess the lawsuit (complaint) alleges that the RIAA used private information and illegal methods to tap into these people and them use the threat of massive litigation to get them to settle. I wonder if this is true or how widespread it might be.

Whitney Houston Divorce... Do We care?

2007-08-31T19:58:00.000-07:00

Lawyers for R&B singer Bobby Brown asked a California judge on Friday to throw out his divorce from Whitney Houston and reopen the question of custody over the couple's 14 year-old daughter

Lawsuits are for the most part public record, but why do we really care that Bobby Brown has asked a court to throw out his divorce from Whitney Houston. Divorce and child custody are serious matters and should be dealt with directly. Adding a media overlay to this VERY PERSONAL part of their lives just makes it all more difficult. Leave them alone I say.

NTSB report on Kentucky Plane crash out

2007-08-30T20:54:00.000-07:00

There are not a lot of lawyers out there that handle plane crashes and handle them well. They can be come very complex. This one certainly looks to be placing some of the blame (if not most) on the pilots and thus the airline carrier.

The National Transportation Safety Boards' final report reiterates that the primary cause was a failure by the pilots to notice clues they were going down the wrong runway at Lexington's Blue Grass Airport.

Source: Fox19.com

Need to avoid an ICE Raid? It's Immigration related

2007-08-30T20:47:00.000-07:00

From over at the South Carolina Immigration Law Blo g You can read about 8 things that any business should do to deal with an ICE raid.

With the new regulations promulgated by Immigration and Customs Enforcement (ICE) regarding No-Match letters, many employers are scrambling to get their I-9 compliance up to par.

Here's the first:

Establish a corporate policy that outlines all aspects of how your business will treat I-9 compliance. With an attorney's help you can put together a great guideline to make clear to H.R. personnel how to deal with "tricky" situations.

Head on over to her post to read the rest, they are reasonable suggestions for any business that is concerned with immigration laws and immigration compliance

Change of Bankruptcy laws in the works?

2007-08-30T20:42:00.000-07:00

From over at the Bankruptcy Lawyers Blog I read about a proposal to help people in foreclosure.

Let's hope it incorporates many of the suggestions set forth in the Joint Memo for Proposed Bankruptcy Law Reform: Solutions to Preserve Homeownership published by the National Consumer Law Center, the National Association of Consumer Bankruptcy Attorneys, the Consumer Federation of America, the National Association of Consumer Advocates, and the Center for Responsible Lending in April.

Freeze your credit and stop identity theft

2007-08-30T11:15:00.000-07:00

Indiana now has a law that will allow consumers to freeze their credit. This is designed to slow down criminals who will try to use your private information to obtain credit in your name.

Under the law, credit reporting agencies -- such as Equifax, TransUnion and Experian -- are required to place a freeze on an individual's report within five business days of receiving a person's written request. Sample form letters for making the request can be found on the attorney general's Web site at www.IndianaConsumer.com and there is additional information at www.aarp.org/in.

Source: Southbend Tribune

Identity Theft: It's usually not an online thing

2007-08-29T08:57:00.000-07:00

So where is the highest risk..... From someone you know or from someone who got hold of a piece of paper with all your relevant info on it.

Despite popular belief, the majority of identity theft cases do not originate online. "Good old fashioned stealing - whether it's taking a wallet, removing mail from your mailbox or going through your trash - remains the easiest, most used mode for stealing identifying information," Davis says. "People who are close to you have the best opportunity to steal your information using those methods."

Classic identity theft scenarios range from a vengeful ex girlfriend or boyfriend who intentionally harms their ex's credit, to elderly parents who discover their son has been dealing with his debt by stealing their identity and good credit rating. And in the most unsettling cases, parents have been known to steal their child's identity and ruin his or her credit before they even finish grade school.

From the Benton Evening News

Say No to Pagerank

2007-08-29T08:39:00.000-07:00

Got this from my brother several weeks ago. Join us and play. Get away from the screen and stop worrying about the Google pagerank.

From over at DeanHunt.com

Just say no to Pagerank

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Divorce Rates go up at end of Summer. Who Knew.

2007-08-29T08:05:00.000-07:00

Just wandering through some news stories today and I found this. Divorce rates increase at the end of the summer. "Like Clockwork" a lawyer says.

U.S. divorce lawyers say the end of summer is one of the most common times of the year for people to end their marriages.

The lawyers said the end of summer is rivaled only by the close of the Christmas season for amount of annual divorces, ABC News reported Tuesday.

"Every year, it's like clockwork," said Gaetano Ferro, president of the Chicago-based American Academy of Matrimonial Lawyers, said of summer's end. "You know the phone is going to start ringing like crazy that time of year."

I had heard that this happens near holidays, but not the summer. I guess you get all the vacations out of the way and then get down to business.

Source: EarthTimes.org

DWI and Video Tapes

2007-08-29T07:59:00.001-07:00

In a prior two lives I was in law enforcement and then worked as a prosecutor (during law school) I can remember several times that a video would have helped clarify the case that I was involved in.

From over at the Austin DWI Lawyer Blog is a post on the value of video. I agree that more information (video) is helpful and removes the inherent doubt that exists from trying to remember what happened during the traffic stop.

In Texas DWI cases, there’s almost always a video tape of your client. It will include some driving, and many times the entire substantive interaction between the arresting officer and the defendant.
And that’s going to end up being a better record of how someone did on the Field Sobriety Tests than the officer’s recollection.

Health Courts Huh? I don't think the system is really broken

2007-08-29T07:49:00.001-07:00

From over at Tort Deform a post on What’s The Real Crisis in Medical Malpractice Law? The Threat to Patient Safety Malpractice verdicts go down and the average amount of payments go DOWN, but "Tort Reform" proponents claim there is still a crisis.

My own two cents is that there is NOT a crisis and that this is part of an orchestrated effort on behalf of the insurance and business industry.

A further link to another post over at Tort Deform on the "Health Courts" Courting Disaster

Family calls for law regulating para sailing

2007-08-23T06:49:00.000-07:00

In Miami, a family has called for a law regulating the para sailing industry. This is following the tragic events of a few days ago where two sisters were involved in an accident where one was seriously injured and the other killed.

The new legislation will regulate things like whether or not parasailing companies can conduct trips when it's windy, raining or how far the boats have to stay off the coast.

However, many parasailing companies said they already do those things without the law, but they encourage the law to take effect.

Attorneys for the family of 15-year-old Amber White, who died in the accident, said they want legislation in her honor to help regulate the parasailing industry.

....

The bill has been backed by the Professional Association of Parasailing Operators and Capt. Scott Kip, who was driving the boat when the accident occurred.

This is exactly where you want government regulation. In places and on activities where serious harm is a risk.

Source: Miami News Site. NBC6.com

Don't be tricked by all "Tort Reform" proponents

2007-08-23T06:25:00.000-07:00

From over at TortDeform.com The National Association of Manufactures claims this to be a bogus lawsuit. Judge for yourself.

-- A man orders his food at McDonalds

-- He bites into his sandwich and finds that he is chewing on a blood-soiled latex bandage that has been cooked into the biscuit

-- He is severely allergic to latex and suffers from anaphylactic shock, while his tongue and mouth go numb

--The McD staff did not call an ambulance or seek to get him medical assistance; instead, his wife had to take him to the hospital

--Instead of helping him, one McD employee tries to get him to sign some papers while he was in the middle of his allergic reaction

--As a result of the incident he is now more sensitive to allergens and has a weakened immune system

--He now has visible red bumps on his face that he never had before the reaction, which he treats weekly at a cost of $1500 per visit

Head over the Tort Deform.com to read the rest of the post. Kia has a point.

The point is not whether the plaintiff will definitely win the lawsuit; the point is whether or not he has enough of a legal basis to believe he should win. If the facts alleged are true, then there is a serious legal question about whether McD breached a duty of reasonable care to its customers by failing to ensure a hygienic environment and safe food. Even more troubling is the allegation that McD staff wanted to force him to sign paperwork while he was experiencing a serious health incident, and that the staff refused to help him get medical attention. Rather than being concerned with his welfare, it sure looks like they were concerned with their liability.

Don't be fooled by everything the media or the "PR" people put out about lawsuits. Quite often there is a good reason for a lawsuit. This looks like a case where the facts might have some merit. TortDeform.com just made it to my BlogRoll.

Class Action against Mattel

2007-08-23T06:21:00.000-07:00

Not a surprise that this was filed, and given the increasing speed at which the world operates, you shouldn't be surprised at how quickly it was filed.

The suit was filed in an effort to compel Mattel, the importer of millions of Chinese-made toys that have been recalled in the past few weeks due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.

From Law.com

OK this is just WRONG.

2007-08-22T14:24:00.000-07:00

Suit over photos of corpses settles. The settlement is not wrong, it's the taking pictures of corpses that is wrong. The county should pay out to those families and apologize.

An Ohio county agreed Tuesday to pay $8 million to settle a lawsuit over photos taken of posed bodies in its morgue.
Hamilton County will pay the money to 532 families during a two-year period, formally apologize to them and make sure offensive photos and copies are destroyed under an agreement that must be approved by U.S. District Judge S. Arthur Spiegel.

Source: CNN.com

Study finds link between Government payments and drug use

2007-08-22T14:17:00.000-07:00

A link between the arrival of government checks and increased drug use?? I hadn't thought of that one, but that is what a study from the Robert Wood Johnson Foundation says.

"Paying out certain types of government aid in a monthly lump sum appears to fuel a spate of harmful and often fatal drug binges, according to a new study in a forthcoming issue of the Journal of Public Economics that links the monthly arrival of disability checks with a sharp rise in drug related hospitalizations and deaths."

Here's the point that jumped out at me.

The analysis found that in California, the 23 percent increase in drug-related hospital admissions that occurs in the first five days of any given month is driven largely by the arrival of Supplemental Security Income (SSI) and Social Security Disability Income (DI) payments. In particular, hospital deaths among SSI recipients increase 22 percent at the beginning of the month.

Found this all at the North Carolina Workers Compensation Blog

Link to Study Abstract

Lawyer sent to jail for being unprepared

2007-08-22T14:07:00.000-07:00

It's not what you think. At least it is not what I thought. This poor public defender was given a case the day before and told to go to trial the next day. His choice was to try to defend the case unprepared or go to jail. He's making his point by going to jail.

A public defender in Ohio was arrested on Thursday for contempt of court after he declined to move forward with a misdemeanor assault trial he had been assigned just a day earlier. At the start of the trial he told the judge he was unprepared.

And I have to agree with this statement from the article.

“Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient,” she said.

From Law.com blog

2007-08-22T14:02:00.001-07:00

Here are some interesting thoughts from a Texas Personal Injury Lawyer on the activist judges in Texas.

I quote you the last paragraph...

Today, the conservative Supreme Court in Austin practices exactly what their conservative backers used to condemn--activist judicial review. Not only does it change the law to meet the desired outcome, it second guesses the factual determinations by the juries and lower courts. Because of this plaintiffs attorneys many times consider it to be tantamount to malpractice to file a case in Texas if it can legitimately be filed in ANY other state. The chances of surviving a Texas Supreme Court appeal with a large jury verdict is at best minimal.

From the Texas Injury Law Blog

What about that annoying guy at the Condo Meetings?

2007-08-20T18:56:00.000-07:00

I have to send this to my father in law. They have a couple of guys at the condo meetings who always make trouble and contest every point. It drives people nuts. These are meetings where people want to get stuff done.

Here is a post from an attorney in Virginia who works with Condo associations there. It lays out a number of things you can do to bring your Condominium meetings back into order.

From the Virginia Condo and Homeowners Association Law Blog

Here are the first two of eight suggestions.

1. Send the disruptive owner a letter outlining the process by which the Board will conduct its meetings in the future and its expectations of him.
2. Get a gavel and encouraged the Chairperson to use it to keep order. We find that this traditional tool usually gets more respect than a polite - "please stop talking". A strong chairperson willing to tell an owner that he or she is out of order. This is a firm, but polite, way to control the situation. The entire board should study and use Roberts Rules to keep order in the meetings. You might want to appoint a parliamentarian who can become especially familiar with Roberts Rules and simply stop the disruptive homeowner telling him that he is out of order.

Class Action Lawsuit against AT&T can proceed

2007-08-20T07:17:00.000-07:00

This is why class actions exist... They are really designed so that small individual claims can be grouped together and more efficiently litigated. From America's Network:

A lawsuit alleging that AT&T's mobile phone customers received inferior service after the company's wireless division was sold to Cingular Wireless can proceed as a class action, a federal appeals court ruling, quoted by an Associated Press report said.
The Associated Press report said at issue was a clause in old Cingular contracts that forced customers to litigate their grievances independently, instead of grouping together for a class action lawsuit.

What not to wear in court

2007-08-20T07:12:00.000-07:00

From over at the Houston Family Law Blog.

My grandmother always told me “As long as you’re clean and dressed in your Sunday best, you should never be ashamed to go anywhere.” This common sense approach will go a long way to making a good presentation to the court.
What one wears makes a statement about who he/she is. Remember that a judge and/or jury will make very important decisions about the life of a family law litigant. One can never go wrong wearing professional business attire such as a suit. If a suit is not in the wardrobe, then consider a collared shirt, slacks, skirt, or nice dress. Things one should NEVER wear to court include, but are not limited to: jeans, mini skirts, shorts, tube tops, halter tops, t-shirts, sweat pants, hats, and flip flops.

I remember once a juror showed up for jury duty wearing a T-Shirt that said "S**t happens" He didn't get seated on any jury.

Security Breach at TJ Maxx results in Identity theft

2007-08-20T07:01:00.001-07:00

What a massive problem this has turned into for TJMaxx. Previous estimates had the cost of the breach at $25 Million. The Boston Globe reports that some analysts think the cost will exceed $250 Million.

The figure is more than 10 times the roughly $25 million the Framingham retailer estimated just three months ago, though at the time it cautioned it didn't know the full extent of its exposure from the breach.
The costs include fixing the company's computer system and dealing with lawsuits, investigations, and other claims stemming from the breach, which lasted more than a year before the company discovered the problem in December.

Immediate Suspension saves lives

2007-08-18T20:48:00.000-07:00

A new study has been released that shows that immediate DUI license suspension saves lives.

State laws mandating the immediate license suspension of any driver who fails a breathalizer test have a deterrent effect on drunk driving and save approximately 800 lives each year, according to a new study published in the journal Alcoholism: Clinical and Experimental Research.

This from the DC Metro area Personal Injury Blog .

Here's the Results statement from the Abstract itself ( I added the bold type)

Administrative or preconviction drivers license suspension policies have statistically significant and substantively important effects in reducing alcohol-related fatal crash involvement by 5%, representing at least 800 lives saved per year in the United States. Moreover, these laws have similar effects on drivers at all drinking levels—from lower-risk drivers below the legal alcohol limit to drivers at extreme levels of intoxication. In clear contrast, postconviction license suspension policies have no discernable effects.

So it is better to threaten immediate loss of a license, and that works better than the threat of losing your license only if convicted.

Big verdict in New Jersey upheld. $70.8 Million in damages

2007-08-18T07:14:00.001-07:00

This was a case involving a loss of oxygen (lack of oxygen) that resulted in brain injury. It is a large verdict, but appeals court let it stand and focused on the facts of the case.

The plaintiff, Casey Pellicer, underwent successful spina bifida surgery at St. Barnabas Hospital in Livingston, N.J., in 1998 when he was 4 months old. During recovery, an endotracial tube aiding his breathing moved, depriving his brain of oxygen for five to 15 minutes. The Essex County suit alleged that medical personnel failed to respond quickly enough, did not administer the correct drugs and did not call for help.

Casey was rendered a quadriplegic, is blind and cognitively delayed, and will require around-the-clock care for the rest of his life. His attorney says Casey will live for six or seven decades.

The Cerebral Palsy Law Blog has a post on this recent court decision.

Who really holds your mortgage

2007-08-17T21:12:00.001-07:00

Over at the New Jersey Law Blog, attorney Barbara Nelson explains why it is harder for people to work problems witha mortgage lender. Not to oversimplify her post, but it has a lot to do with the internet and the increased choices borrowers have now.

Do YOU know who holds your mortgage? Here's some of what she has to say.

Now, however, it is not unusual for a home buyer to use the internet or a
mortgage broker to find a lender for them with whom they have had no prior
contact. And thus begins a confusing journey for a homeowner who may
someday be in financial distress and need to find the ultimate holder of their
mortgage.

In recent years a process called “securitization” has made mortgages much more
easily available to home buyers. At the same time, this process has made
it much more difficult for a borrower to locate the ultimate holder of their
mortgage with authority to modify the terms of their loan.

Here's the link to her post. Who Really holds your mortgage

Trial in Nursing Home Deaths begins

2007-08-17T07:48:00.001-07:00

This is an interesting situation. Two owners are charged with negligent homicide in the death of 35 patients at the nursing home. The deaths happened during the flooding that came with Hurricane Katrina.

This is a tough case. The flooding apparently filled the nursing home in 20 minutes. On the other side of the coin, there was a mandatory evacuation order that they ignored.

Prosecutors charge the Manganos' decision not to evacuate St. Rita's residents before the storm was a criminal act. The Manganos face 35 counts of negligent homicide and 24 counts of cruelty to the elderly or infirm. ...

Speaking before a judge imposed a gag order, defense attorney Jim Cobb said state law did not require nursing homes to comply with mandatory evacuation orders. A report by the Louisiana Nursing Home Association, a trade group, showed 36 of 57 nursing homes in the New Orleans area were not evacuated.

Read the full story at CNN.com

Mayor of Louisiana City loses medical malpractice case.

2007-08-16T21:24:00.000-07:00

It's not everyday that you hear that the mayor of a city loses a malpractice law suit. This one to the tune of $814,079 according to the Hammond Star.

Records say that Goldsby failed to properly monitor and treat Hendry's high blood sugar levels, prescribed high doses of steroids to a diabetic patient, failed to properly work up and follow his patient, failed to monitor and treat Hendry's dehydration, failed to monitor and treat his Coumadin levels and in general permitted Hendry's condition to deteriorate to the point of death.

Welcome to Legal News

2007-08-16T21:04:00.000-07:00

Don't all Blogs start this way? Whether they do or not, this blog is related to what I do.

I'm a lawyer. Ha ha ...Go ahead... Laugh, tell your jokes. Yup I've heard most. One of the things I need to do as a lawyer is keep up with the news. Here is where I will do that and post various articles, news and opinions as I find them.