Legal Updates May 19, 2012

Get Law Suit Funding — Sat, 19 May 2012 13:30:53 +0000

Cities Prune Budgets to Monitor Aging Trees as Injury Claims Add Up
Sitting or walking under an aging tree can be dangerous, lawsuits reveal. The case of Alexis Handwerker illustrates the hazards, the New York Times reports. She was seated on a bench beneath an elm in Manhattan’s Stuyvesant Square Park in 2007 when a tree limb 30 feet above broke off and fell on top of her. She received a $4 million settlement in February after her lawyers found evidence that park workers missed indications the tree was rotting. In the last 10 years, New York City has faced at least 10 lawsuits over death or injuries from older trees, the story says. Millions of dollars in…
Lawyer Gets New Trial on Claim He Had No Authority for $350K Deal; Jury Would Have Awarded $9M
A California trial lawyer is getting a second chance after he agreed to settle his brain-injured client’s case for $350,000 shortly before jurors revealed they planned to award $9.4 million. Lawyer C. Michael Alder argued he quickly agreed to the settlement without conferring with his client. On Wednesday, Judge Michael Johnson of Los Angeles gave Alder an opportunity for a retrial and set a Jan. 28 date, the National Law Journal reports. But the judge also allowed defense lawyers to file a counterclaim over the settlement negotiations. Alder likely suspected a defense verdict when jurors announced during the…
Attractive Nuisance? When Fun Factor Overshadows Risk, Lawsuits Are Sure to Follow
Around the Blawgosphere: Pinterest Business Card Fishbowl; Legal Foundation of ‘Downton Abbey’
Pin and Win Carolyn Elefant—Washington, D.C., solo and Pinterest member—has invited My Shingle readers to ” ‘drop’ your business card into the MyShingle Online Fishbowl at Pinterest.” Those who participate by Thursday, March 15, will be entered into a raffle for one of two Amazon gift cards. Several of those who have already participated have included, along with the photos of their business cards, short narratives on why they made the conventional or unusual choices they made. Elefant thinks the platform for exchanging business cards will accomplish two things. “First, a virtual fishbowl provides a chance to openly and leisurely examine…
Elderly Man Is ‘Surprised as Hell’ When Passengers in His Stolen Car Sue over Crash
A 91-year-old Oregon man says he was “surprised as hell” to learn he is the defendant in a lawsuit filed by two passengers injured in his stolen car. George Hinnenkamp of Lorane Valley reported his Thunderbird stolen in June 2009, the Register-Guard reported last month. Later he learned that the alleged thief, a man he had hired to do odd jobs, had crashed the car, injuring two passengers. Now the passengers are suing both Hinnenkamp and the driver, who was convicted of auto theft for stealing the car, according to the Register-Guard and the Seattle Weekly. Despite the conviction, the passengers claim Hinnenkamp gave the…
Colo. Supreme Court OKs $10M Award Against Wal-Mart in Truck Driver’s Slip-and-Fall Case
Reversing a lower court’s determination that Wal-Mart Stores Inc. was entitled to a new trial, the Colorado Supreme Court today approved a $10 million award to a truck driver who had to have multiple spinal surgeries after slipping on grease while making a delivery at a store in Greeley. A lawyer for Holly Averyt, 41, of Cheyenne says it is one of the highest judgments ever in a slip-and-fall case, KMGH in Denver reports. She could not return to work, had her truck—in which she also lived—repossessed and incurred about $500,000 in medical bills. The store did not immediately respond to the station’s request for comment. A jury…
Thrown for a Loss: Retired Players Sue, Claim NFL Hid Brain Damage Info
Top Mich. Court to Decide If Mom Who Saw Biker Son’s Fatal Crash Can Collect on Her Own Auto Policy
Insurance companies write the policies under which they contract to cover customers for automobile accidents and related injuries. So it is a general rule of interpretation that any ambiguity in the policy should be resolved in the customer’s favor. But a Michigan appellate court went too far when it decided that a mother who, while driving her own vehicle, saw her son’s fatal motorcycle accident transpire directly in front of her as the two were returning from a wedding, should be allowed to collect personal injury benefits under her own policy, contends Cincinnati Insurance Co. Now, in what Gale Boertmann’s lawyer calls a bad sign for his client, the state’s…
Lawyer Uses His Head in My Bald Lawyer Ad Campaign
If you are injured and in need of a lawyer, Chandler Mason hopes you will remember his bald head. Mason, an Atlanta personal injury lawyer, is differentiating himself in a crowded field with billboards picturing himself and promoting his website, MyBaldLawyer.com. Legal Blog Watch and the legal marketing blog The Matte Pad have the story. “Most laypersons, particularly those who have never had the occasion to hire or work with an attorney, are under the misguided impression that all lawyers are ‘too uptight’ and ‘too expensive,’ ” Mason told The Matte Pad. “So, my idea initially seeks to overcome those…

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Are Pregnancy Announcements Cause For Discrimination Lawsuits?

Get Law Suit Funding — Sat, 10 Mar 2012 23:57:57 +0000

It’s rare to here of discrimination lawsuits at schools. But an elementary school is facing a discrimination lawsuit.

They can’t seem to get it right. First they’re in a tangle with the American Civil Liberties Union (ACLU). And now a student is bringing a discrimination lawsuit.

When Shantelle Hicks was kicked out of school for getting pregnant, she thought that was about as humiliating as things could be.

She was wrong.

After being forced to let Hicks return to school or face a lawsuit from the American Civil Liberties Union, Wingate Elementary School in McKinley, New Mexico, let Hicks back in. Then, they held an all-school assembly where they made Hicks tell all of the students that she was pregnant.

“It was so embarrassing to have all the other kids staring at me as I walked into the gymnasium,” said Hicks in a statement. “I didn’t want the whole school to know I was pregnant because it’s not their business, and it wasn’t right for my teachers to single me out.”

Hicks is suing the school for violating Title IX, which prohibits sex and pregnancy discrimination in education. The school is saying that the move was justified, as otherwise she would be setting a bad example for other students. But Hicks’ lawyers argue that the public outing was punishment for her refusing their offer of a transfer to an “alternative school.”

Are we really still trying to send pregnant teens to “special schools” so they don’t influence other students? Next, will we send them off to “live with cousins” and then pretend nothing ever happened when they return?

Sign the petition below and tell Wingate Elementary that bullying a pregnant teen is wrong.

Taken from Teen Sues School For Announcing She Was Pregnant At Assembly

Teen pregnancy is not unusual, but usually they are not in elementary school. It obviously happens. But the good news is that there is a teen pregnancy decline.

There ought to be a law against stupidity among educators. It’s amazing that a school system in 2012 is clueless about the legality or lack thereof, of these kinds of actions.

You wouldn’t think an elementary school would need a lawyer. But, someone at Wingate is making decisions which opens the school up to lawsuits.

Perhaps they need a legal briefing about basic civil rights laws.

It was probably easy for the teen to find lawyers for this this lawsuit. Racial discrimination and age discrimination lawsuits can be a challenge to prove. Lawsuits like this pregnancy discrimination case should result in an easy victory.

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Is Your iPhone or iPad Worthy Of A Lawsuit?

Get Law Suit Funding — Mon, 05 Mar 2012 16:04:01 +0000

If you’re a lawyer, do you get happy when you hear about yet another lawsuit opportunity. There’s always plenty of work for lawyers, since there’s always reasons to sue.

Telephones are harmless, aren’t they? The iPhone and other smartphones are designed to make our lives easier and mobile and more convenient. Not to mention the iPad which is gaining in popularity.

But the parties to a lawsuit always see things differently. Usually a conflict of interest.

Startup sued for putting local TV on the iPhone
Friday, March 02, 2012 10:47 AM
Broadcasters have sued a startup backed by media billionaire Barry Diller that sends live local TV feeds to iPhones and iPads in the New York area.Two groups of broadcasters, including ABC, CBS, NBC, Fox …

Startup sued for sending local TV to the iPhone
Friday, March 02, 2012 10:19 AM
Broadcasters are suing a startup backed by media billionaire Barry Diller that sends a live local TV feeds to iPhones and iPads in the New York area.Two groups of broadcasters, including ABC, CBS, NBC, …

Will the TV broadcasters win this lawsuit against a small startup?

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Are Law Firms Legal When It Comes to Pay and Promotion for Women Lawyers?

Get Law Suit Funding — Fri, 24 Jun 2011 03:42:41 +0000

You don’t hear much about women’s rights and women’s equality these days. And perhaps you’re a woman lawyer protecting the civil rights and human rights for others. EEOC laws are on the books.

But are you, The Attorney, being treated fairly?

A legal law firm, according to the Equal Pay Act of 1963, protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. All that is great in theory, but obviously this is not what women attorneys are experiencing.

Women lawyers met on June 14 at an “Empowerment Forum”. One of the agenda items was to draft a list of certified law firms that empower women. The whole fact that the list was developed means there must have been some evidence inequality and inequities. Not all law firms are open to having women in leadership positions. And women lawyers are not well compensated at all law firms.

Find out the law firms that are not only legal but certified.
“It’s certified: These firms empower women”

Perhaps you’re a solo practitioner at your own law firm. So, you’re probably not interested in what the big law firms are doing as far as paying and promoting. But you may be interested in

Law Practice Financing…

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Sandra Noble, President
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Noble & Associates Consulting, Inc
cashflow at NobleAdvantage.com

Georgia Illegal Immigration Bill – Do you know why it a good Deal?

Get Law Suit Funding — Tue, 21 Jun 2011 23:36:20 +0000

Arizona started the ball rolling with an illegal immigration law that spurred public debate. The Arizona immigration law bought fears of racial profiling and racial discrimination. In addition to civil protest, there have been court rulings…Not always in Arizona’s favor.

Utah has an immigration law. And now, Governor Nathan Deal has signed the State of Georgia’s version of immigration reform legislation. It’s due to go into effect July 1, 2011. There are court challenges to Georgia’s law as well. And the judge’s ( Judge Thrash’s) decision will be published by that same July 1 date.

President Obama speaks on illegal immigration

(click to play video)

Some think the United States immigration laws are functional. According to U.S. Homeland Security Secretary Janet Napolitano, it is “a falsity” that the federal effort is ineffective. The falsity is that there has been nothing done, that the border somehow is out of control. That is incorrect.”

What planet has Napolitano been living on?

If the current immigration laws were being enforced by the feds, there would be no need for new immigration laws. Illegal immigrants have been flooding in. It makes sense to stop the influx of illegal aliens first. And then deal with the ones who are already here.

Yes, they take jobs that many US citizens will not take. But that’s because employers of the illegal workers have become dependent on sub-standard wages to make their profits. Slavery is over in the United States. If you want someone to work for you, you have to pay a reasonable wage.

So what’s the Deal?

Apart from the jobs, there are illegal immigrant problems. They are not all law abiding citizens. Jails have a disproportionately high number of immigrants, primarily Mexicans. Our school systems are stressed to make ends meet. Now the schools use precious resources to accommodate non-English speaking immigrants.

If you teach or substitute teach, you’ll notice that many of the immigrants do not pledge allegiance to the United States flag. They are not interested in our country. Just the opportunity to make money that they can send back home, i.e to their country of origin.

So what’s the motivation for Georgia legislature?

Why did the legislature pass the bill and why did Nathan Deal sign it. Based on what happened in Arizona and Utah, they knew the protests and court challenges would follow.
It all boils down to money. Money for services and money for healthcare…For those who don’t pay taxes. There are legal ways to immigrate and become United States citizens. That’s all we ask. You’re welcome to participate in the American dream, as long as you’re legal.

To borrow from the post

Arizona Immigration Law – Is There Reason To Protest?

Certain people are angry that the US might protect its own borders, might make it harder to sneak into this country and, once here, to stay indefinitely.

Let me see if I correctly understand the thinking behind these protests.

Let’s say I break into your house. Let’s say that when you discover me in your house, you insist that I leave. But I say, ‘No! I like it here. It’s better than my house. I’ve made all the beds and washed the dishes and did the laundry and swept the floors. I’ve done all the things you don’t like to do. I’m hard-working and honest (except for when I broke into your house).

According to the protesters:

You are Required to let me stay in your house.

You are Required to feed me.

You are Required to add me to your family’s insurance plan.

You are Required to educate my kids.

You are Required to provide other benefits to me & to my family.

(My husband will do all of your yard work because he is also hard-working and honest, except for that breaking in part).

If you try to call the police or force me out, I will call my friends who will picket your house carrying signs that proclaim my RIGHT to be there.

It’s only fair, after all, because you have a nicer house than I do, and I’m just trying to better myself. I’m a hard-working and honest, person, except for well, you know, I did break into your house..

and what a deal it is for me!!! I live in your house, contributing only a fraction of the cost of my keep, and there is nothing you can do about it without being accused of cold, uncaring, selfish, prejudiced, and bigoted behavior.

Oh yeah, I DEMAND that you learn MY LANGUAGE!!! so you can communicate with me.

Why can’t people see how ridiculous this is? Only in America!

If you agree, pass it on ( in English).

If not blow it off……… along with your future Social Security funds, and a lot of other things.

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Can Lawyer, Attorney, Law Firm Cash Flow Be Improved?

Get Law Suit Funding — Mon, 25 Apr 2011 20:44:34 +0000

It’s Time to Discuss

The Dinosaur in the Room

Is law firm cash management an issue?

You probably became a lawyer or an attorney because you wanted to help people. But you’re not giving out free legal advice…you want to get PAID.

How well is your law firm cash flow flowing? Law firm account receivables have been based on the billable hour. If it’s not working, you need a new system for billing.

As the ties between law firms and their clients fray, it’s becoming increasingly clear that the billable hour is ripe for extinction. Get ahead of the AFA trend with the Law Firms and Alterative Fee Arrangements report. Featuring ALM Legal Intelligence’s landmark survey, case studies, interviews and more, this report will compel you to think about billing in a different way.

Noble Finances offers law firm cash flow and litigation financing solutions for contingency fee lawyers and attorneys.

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Get Law Suit Funding — Tue, 01 Feb 2011 16:10:30 +0000

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Lawsuit Settlements: Does Lawsuit Funding Mean Justice?

Get Law Suit Funding — Fri, 21 Jan 2011 19:57:33 +0000

President Obama recently funded lawsuit settlements for black farmers and native Americans. But how long have they been waiting?

For the black farmers it’s been 11 years since the settlement decision. And who knows how long before that that the case was initiated. The lawsuit was about loan discrimination. The court decided that there was indeed discrimination – 11 years ago.

For the Native Americans, the process was a little quicker. Both groups have histories of discrimination and mistreatment in the United States. And the justice department ruled in their favor.

Some say the black farmers will receive more money than they would have received had the loans not been denied. But don’t forget about the time value of money. CASH Now is better than Money Later! And how many of those farms were forced to shut down while they were awaiting funding? Lawsuit settlements are quick relative to the time it takes to go through the entire trial process. But once the verdict or judgment is made, the plaintiffs should feel victorious. But if you have to wait a decade or more to get what you’re due or to get satisfaction, what have you gained?

Judgments are awarded all the time. But the judgment is only half the battle. The prevailing party has the challenge of how to collect. Does the losing person or entity have the funds? Often the answer is no, or there are insufficient funds. If you can’t get the funds, the judgment is a shallow victory.

Black farmers and Native Americans get $4.6 billion. The U.S. Agriculture Department (USDA) and the U.S. Department of Interior were at fault. When it comes to the federal government we expect faster action and funding for lawsuit settlements. Funding is finally allocated. President Barack Obama has added his signature and approval. Has justice been served?

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Mayer Brown Seeks Ex-Paralegal’s Employment File at Other Jobs to Defend Hard-Fought Age Case

Get Law Suit Funding — Thu, 11 Nov 2010 05:10:00 +0000

Seeking to defend itself aggressively in a hard-fought age discrimination suit brought by a former $88,000-a-year paralegal in its Washington, D.C., office, Mayer Brown is seeking to discover portions of Mary Ellen Hindin’s employment file for other jobs she has held. Among the well-known firms served with subpoenas seeking Hindin’s time records, evaluations and compensation record, among other information, are Nixon Peabody, Hunton & Williams and the Brookings Institution, reports the Blog of Legal Times. Hindin, 58, contends she was the victim of age discrimination when Mayer Brown brought in a 22- or 23-year-old contract worker from an employment agency in the midst of what…

Original post by ABA Journal Topics

More Gov’t Regulations Prompt More Litigation For In-House Counsel

Get Law Suit Funding — Fri, 15 Oct 2010 23:00:00 +0000

In-house counsel predict an imminent boost in litigation as government regulations continue to tighten. The legal departments at banking, health care and energy companies are especially preparing for the legal fallout from recent health-care reform legislation and the overhauled financial services industry, the Blog of Legal Times reports. One-third of U.S. companies polled expect an uptick in litigation, an increase from 9 percent last year, according to a survey of 275 in-house lawyers by Fulbright and Jaworski, the blog notes. “With reform in two major industries—financial services and health care—and the possibility of greater regulation of offshore petroleum production, regulatory concerns are front-and-center in the…

Original post by ABA Journal Topics