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	<title>Idiart Law</title>
	<updated>2008-10-06T13:10:23Z</updated>
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	<entry>
		<title>Should Americans beware of police with tasers?</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/should-americans-beware-of-police-with-tasers.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:8cc9b882-1c2e-408b-9dd5-9e2276ee6fca</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T14:02:11Z</updated>
		<published>2008-08-02T14:01:00Z</published>
		<content type="html"><![CDATA[Is it possible that the increased amount of taser guns could lead to an increased amount of police brutality cases or a better behaved public? According to international UN regulations, if the use of force is unavoidable, law enforcement officers must “exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved.” 
<P>The popularity of tasers has been constantly on the rise, as many officers prefer using the taser guns to their bullet guns. Tasers work by firing metal barbs into the skin, which then discharges an electrical charge, designed to disable someone, long enough to allow police to detain them safely. Out of a total of 18,000 US police departments, 7,000 currently use taser weapons. Tasers are currently issued to all patrol officers as a matter of policy in 1,700 departments.</P>
<P>Currently, in New York City, police officers are testing the use of tasers. Around 300 New York City Police Officers are carrying tasers to test the program before distributing them to 3,000 more officers. The reason for the preliminary test is because there have been numerous allegations that police are using the tasers too frequently and in unnecessary circumstances, which could in turn, cost cities and tax payers millions of dollars. Additionally, Amnesty International USA has counted 250 cases in the last six years in which people died after being stunned with a Taser, but it is uncertain if the shock directly caused the deaths. Many have been suspected to be the result of heavy drug or alcohol use.</P>
<P>Nevertheless, it is the right and duty of the officers to use the tasers on noncompliant, aggressive and combative persons. Those who oppose the use of tasers argue that the police are nonchalantly using them on pregnant women, young children and teens as well as the elderly. Should these categories of people be exempt from the law if they are posing a threat? Most would argue no and the inappropriate use of tasers such as those mentioned above generally reflects situations involving poor individual judgment. They do not characterize the vast majority of police officers carrying tasers.<BR><BR><A href="http://www.newyorkinjurynews.com/2008/08/02/police-tasers_20080802174.html">http://www.newyorkinjurynews.com/2008/08/02/police-tasers_20080802174.html</A></P>]]></content>
	</entry>
	<entry>
		<title>Trial set in Kentucky Kingdom case</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/trial-set-in-kentucky-kingdom-case.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:181d4aa7-7642-4baf-bcd1-b3a6e8370818</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T14:01:03Z</updated>
		<published>2008-08-02T13:59:00Z</published>
		<content type="html"><![CDATA[<P itxtvisited="1">A jury trial was set yesterday for Jan. 5, 2010, to settle a lawsuit filed by the parents of a Louisville teen whose feet were severed by a Six Flags Kentucky Kingdom amusement ride last summer.</P>
<DIV class=articleflex-container itxtvisited="1">The trial is expected to last four to six weeks.</DIV>
<P itxtvisited="1">Kaitlyn Lasitter's parents, Randall and Monique Lasitter, are seeking an unspecified amount of punitive and compensatory damages.</P>
<P itxtvisited="1">The trial date was set so far in the future in part because lawyers for both sides still have much preparation left to do -- including taking 77 more depositions.</P>
<P itxtvisited="1">Also, Jefferson Circuit Court Judge Barry Willett has yet to decide whether the families of two friends who were sitting with Kaitlyn during the June 21, 2007, accident will be allowed to join the Lasitters' civil suit against Kentucky Kingdom.</P>
<P itxtvisited="1">Willett said that he will decide that issue this week.</P>
<P itxtvisited="1">Attorneys for Kentucky Kingdom pointed out that if the two other families -- who are seeking unspecified damages for medical expenses, emotional trauma, pain and lost wages -- are allowed to join the suit, it could mean further delays in preparing for trial.</P>
<P itxtvisited="1">But Jennifer Barbour, an attorney for the Lasitters, said much work already has been completed in the last year, including the filing of more than 15,000 pages of discovery and four on-site inspections of the Superman Tower of Power ride.</P>
<P itxtvisited="1">Also yesterday, Willett set a Nov. 23, 2009, deadline for both sides to mediate a settlement in the case.</P>
<P itxtvisited="1">State officials recently released a report blaming a faulty cable and slow response by a ride operator in the accident, but they said it was impossible to know exactly why the cable snapped.</P>
<P itxtvisited="1">A year after the accident, Kaitlyn, now 14, continues to recover after doctors re-attached her right foot. They could not save her left foot.</P>
<P itxtvisited="1">Her parents filed suit last year against the <A class=iAs style="FONT-WEIGHT: normal! important; FONT-SIZE: 100%! important; PADDING-BOTTOM: 1px! important; COLOR: darkgreen! important; BORDER-BOTTOM: darkgreen 0.07em solid; BACKGROUND-COLOR: transparent! important; TEXT-DECORATION: underline! important" href="http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080731/NEWS01/807310430#" target=_blank itxtdid="5912869">theme park</A>, claiming it failed to maintain the equipment and ensure riders' safety.<BR><BR><A href="http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080731/NEWS01/807310430">http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080731/NEWS01/807310430</A></P>]]></content>
	</entry>
	<entry>
		<title>Settlement reached in ``Borgata Babes'' lawsuit</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/settlement-reached-in-borgata-babes-lawsuit.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:e32cae8b-b6f1-4eb8-84ac-571b5b532535</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:59:42Z</updated>
		<published>2008-08-02T13:58:00Z</published>
		<content type="html"><![CDATA[Two former Borgata Hotel Casino &amp; Spa cocktail servers have settled a $70 million sex discrimination lawsuit they brought against the casino. <BR><BR>Renee Gaud, 38, a former Mays Landing resident who now lives in Canada, and Trisha Hart, 30, of Wenonah, had claimed the casino humiliated costumed waitresses _ known as "Borgata Babes" _ by imposing weight limits, encouraging breast augmentation surgery and emphasizing looks over job performance. <BR><BR>The suit was filed in state Superior Court in January 2006, and a settlement was finalized July 15, The Press of Atlantic City reported Wednesday night. <BR><BR>However, neither the plaintiffs' attorney, Jeffrey I. Carton of White Plains, N.Y., nor the casino would provide details on the agreement. And neither Gaud nor Hart could be reached for comment Wednesday night. <BR><!-- END rail -->
<DIV id=story-body-parent2>
<P id=story-body2>The women had claimed the weight-limit policy _ which threatened suspensions if female cocktail servers gained more than 7 percent of their body weight _ forced them off the job. <BR><BR>Gaud, who suffers from a thyroid condition she said made her weight fluctuate, gained weight but was refused a larger costume and took a leave of absence because of stress over an impending, casino-mandated weigh-in. <BR><BR>Hart said she was fired after complaining about the weight policy and being forced to undergo a drug test as part of a leave of absence. She was later diagnosed with anorexia nervosa. <BR><BR>"Borgata Babes" is the moniker given to its cocktail waitresses by the casino, which opened in July 2003 and leaned heavily on sex in its marketing and brand advertising. They wore cleavage-baring bustiers, high heels and tight-fitting bolero-style jackets, and were required to maintain "clean" smiles, hourglass figures and weight proportionate to their height.<BR><BR><A href="http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj-njo--borgatababes0730jul30,0,6220290.story">http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj-njo--borgatababes0730jul30,0,6220290.story</A></P></DIV>]]></content>
	</entry>
	<entry>
		<title>Lilly Trained Sales Force to Ignore Drug's Risks (Update2)</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/lilly-trained-sales-force-to-ignore-drugs-risks-update2.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:53adb15c-bc89-4452-9271-dc1cbbeaf082</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:58:30Z</updated>
		<published>2008-08-02T13:57:00Z</published>
		<content type="html"><![CDATA[<A href="http://www.bloomberg.com/apps/quote?ticker=LLY%3AUS" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Eli Lilly &amp; Co</A>. trained its sales force to downplay risks for Zyprexa and encourage doctors to prescribe the drug beyond approved uses for schizophrenia and bipolar disorder, according to court documents. 
<P>Lilly's research showed some patients on Zyprexa gained as much as 80 pounds and that the incidence of high blood sugar at diabetes levels was 3.5 times higher than for placebos, according to documents filed in a lawsuit brought by the state of Alaska. Before those findings, doctors already saw a ``logical link between weight gain and diabetes,'' an instruction sheet advised the sales force in 2002. </P>
<P>``We believe it is essential to weaken this link to neutralize the diabetes/hyperglycemia issue,'' the company said in the sales document, which was provided for the Alaska case. ``Neutralizing any concern from our customers will be essential to the future growth of Zyprexa in the marketplace.'' </P>
<P>Zyprexa became the company's top-selling drug, with $4.76 billion in sales last year -- about a quarter of Lilly's revenue. Company sales representatives disputed or ignored the risks and pursued primary-care and nursing-home doctors as well as psychiatrists, according to documents in the Alaska case that were released July 29 after Bloomberg News filed a motion to unseal them. </P>
<P>Lilly agreed to pay $15 million to settle the Alaska suit in March. The company has paid about $1.2 billion to resolve claims brought by more than 31,000 patients who said they weren't adequately warned Zyprexa could cause weight gain, diabetes or inflammation of the pancreas, Lilly spokeswoman <A href="http://search.bloomberg.com/search?q=Marni+Lemons&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Marni Lemons</A> said July 8. </P>
<P>Failure to Warn </P>
<P>Lilly faces suits by nine other states alleging failure to warn and improper marketing, separate consumer-protection investigations in about 30 other states and an investigation of off-label marketing by the U.S. Attorney in Philadelphia, the company said May 6 in a regulatory filing. </P>
<P>Lilly doesn't engage in improper marketing and hasn't downplayed the risks, spokeswoman Tarra Ryker said in an e-mailed statement. The lawsuit documents ``are a tiny fraction of the more than 20 million pages'' provided by Lilly, Ryker said. ``They do not accurately portray our company strategy or our overall conduct.'' </P>
<P>Lilly closed down 30 cents at $47.11 in New York Stock Exchange composite trading after falling about 1 percent in the initial minutes after U.S. markets opened. </P>
<P>Pushed Sales </P>
<P>Lilly pushed Zyprexa sales to primary care physicians and doctors in nursing homes for patients who weren't diagnosed with schizophrenia or bipolar disorder, according to complaints filed by Montana and Mississippi. </P>
<P>Most documents and depositions were acquired by plaintiffs' lawyers in consolidated Zyprexa litigation before U.S. District Judge <A href="http://search.bloomberg.com/search?q=Jack+Weinstein&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Jack Weinstein</A> in New York. Alaska's lawyers, who were provided the material, acquired additional evidence before trial. </P>
<P>The unsealed documents showed that about 550 sales representatives were greeted at an October 2000 meeting with a ``Viva Zyprexa'' version of the <A href="http://search.bloomberg.com/search?q=Elvis+Presley&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Elvis Presley</A> song, ``Viva Las Vegas,'' touting the ``many wonderful indications'' for the drug. </P>
<P>There were only two indications for the drug at the time, Mike Bandick, director of marketplace management for the Zyprexa product team, testified in a June 2006 deposition. This didn't mean the team was pushing sales beyond the approved uses, he said. ``I assume this had more to do with getting the right number of syllables into that line,'' referring to song's lyrics. </P>
<P>Zyprexa's ``attributes line up so beautifully in the elderly,'' <A href="http://search.bloomberg.com/search?q=Alan+Breier&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Alan Breier</A>, then-team manager for the drug, told the group. ``The need for better treatment in Alzheimer's and other elderly conditions is so paramount and so key,'' Breier said, according to a recording provided for the Alaska lawsuit. </P>
<P>CEO Questioned </P>
<P>Zyprexa wasn't approved for use with Alzheimer's or for elderly conditions, <A href="http://search.bloomberg.com/search?q=Sidney+Taurel&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Sidney Taurel</A>, the current chairman of Lilly's board and then-chief executive officer, said under questioning by Alaska's lawyers in September. Breier wasn't encouraging improper sales, Taurel said. </P>
<P>``He's talking about the characteristics of the molecule which might make it a good agent for Alzheimer's,'' Taurel testified. ``He was not giving them instructions as to what to do the next day in the field.'' </P>
<P>Sales representatives were advised to focus on symptoms, not diagnoses, when dealing with primary care physicians or PCPs, according to the Alaska documents. </P>
<P>``The doctor's thinking that he does not see a schizophrenic or bipolar patient,'' Bandick said in a December 2000 internal e- mail to the marketing department. ``But he probably does see patients with symptoms of behavior, mood and thought disturbances,'' he wrote. ``Even if the doctor does not have diagnosis, he should treat anyway.'' </P>
<P>Not Approved </P>
<P>Zyprexa wasn't approved for such indications at the time, Bandick said in his June 2006 deposition. ``I did not intend for the sales force to promote under mood, thought and behavioral disturbances,'' he testified. </P>
<P>Lilly's sales representatives encouraged doctors to prescribe for such uses, according to call notes produced in the Alaska suit. In a July 2002 note, sales representative Thea Jung described her meeting with a doctor in Anchorage this way: ``Dr. B said she misunderstood and thought Z was just for bipolar or schizophrenia and was really excited to hear that it was applicable to her practice for `complicated mood.''' </P>
<P>Talking to patients about symptoms ``is an important and necessary piece of the dialogue between physicians and sales representatives,'' Lilly's Ryker said. </P>
<P>Added Warning </P>
<P>Lilly added a warning to its packaging in October 2007 saying that more than half of patients in 13 studies gained an average of 12 pounds after taking the drug for less than a year. It said Zyprexa was more associated with higher blood sugar levels, a risk factor for diabetes, than similar medications. </P>
<P>Before the October 2007 label change, Lilly didn't instruct its sales force to say Zyprexa's diabetes rates were higher, former marketing director <A href="http://search.bloomberg.com/search?q=David+Noesges&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">David Noesges</A> said in a January deposition. </P>
<P>``We will NOT proactively address the diabetes concern,'' the Zyprexa sales force was advised in 2002, the documents show. ``The competition wins if we are distracted into talking about diabetes.'' </P>
<P>The case is Alaska v. Eli Lilly and Co., 3AN-06-05630 CI, Alaska Superior Court, Anchorage District. </P>
<P>To contact the reporters on this story: <A href="http://search.bloomberg.com/search?q=Margaret+Cronin+Fisk&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Margaret Cronin Fisk</A> in Southfield, Michigan, at <A href="mailto:mcfisk@bloomberg.net" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">mcfisk@bloomberg.net</A>; <A href="http://search.bloomberg.com/search?q=Elizabeth+Lopatto&amp;site=wnews&amp;client=wnews&amp;proxystylesheet=wnews&amp;output=xml_no_dtd&amp;ie=UTF-8&amp;oe=UTF-8&amp;filter=p&amp;getfields=wnnis&amp;sort=date<img src="http://damianidiart.com/emoticons/laugh.png" border="0" />:S:d1" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">Elizabeth Lopatto</A> in New York at <A href="mailto:elopatto@bloomberg.net" T_DELAY="50" T_WIDTH="110" T_BGCOLOR="#ddedd9" T_FONTFACE="Verdana,sans-serif" T_FONTCOLOR="#000000" T_STATIC="true" T_ABOVE="true">elopatto@bloomberg.net</A>. <BR><BR><A href="http://www.bloomberg.com/apps/news?pid=20601103&amp;sid=aNURtByTt7Yk&amp;refer=news">http://www.bloomberg.com/apps/news?pid=20601103&amp;sid=aNURtByTt7Yk&amp;refer=news</A></P>]]></content>
	</entry>
	<entry>
		<title>Los Angeles County to pay $3.3 million in settlements</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/los-angeles-county-to-pay-33-million-in-settlements.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:f6e29ce1-e36c-4e98-9908-05c09bff439a</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:57:16Z</updated>
		<published>2008-08-02T13:56:00Z</published>
		<content type="html"><![CDATA[<DIV class=storybody id=article_body>Los Angeles County supervisors approved a series of settlements totaling more than $3.3 million this week, putting to rest three medical negligence cases and one police misconduct claim.<BR><BR>Supervisors approved an $850,000 settlement to the mother of Carl Williams, who was killed by Los Angeles County sheriff's deputies after a controversial chase.<BR><BR></DIV>Sheriff's Department officials concluded that the six deputies involved in the June 2006 incident acted appropriately when they fired 70 rounds at Williams, who had led them on a car chase through Walnut Park and hit a patrol car before stopping.<BR><BR>Williams, 27, died of multiple gunshot wounds. Deputies said they fired at Williams because they considered his car a weapon. They said Williams rammed the car with two deputies inside and then put his vehicle into reverse, slamming deputies a second time.<BR><BR>An accident reconstruction investigator hired by Williams' mother, concluded, however, that the deputies' version of events could not be corroborated. A second expert hired by Los Angeles County said the evidence collection methods employed by sheriff's investigators were "flawed."<BR><BR>"Accident reconstruction experts disagree as to whether or not the physical evidence of the collisions at the scene was consistent with the deputies' reports of the incident," a legal summary provided to supervisors said. "Due to the risks and uncertainties of litigation, a full and final settlement of the care in the amount of $850,000 is recommended."<BR><BR>Supervisors also agreed to pay settlements in three cases involving claims of medical negligence.<BR><BR>In one case, an $850,000 settlement was approved in a case brought by Jenny Fernandez, who sued after she went to Dollarhide Health Center in Compton in May 2004 forcontraceptives.<BR><BR>Fernandez did not know she was pregnant and said the Dollarhide staff neglected to run the appropriate tests, including a pregnancy test.<BR><BR>"As a result of such negligent care, Jenny Fernandez did not know that she was pregnant and as such, did not receive prenatal care, leading to injuries suffered by both Jenny and [her newborn son]," the lawsuit claimed.<BR><BR>In a second settlement, supervisors agreed to pay $762,500, plus $226,327 in medical bills, to Griselda Maldonado, who claimed that a lack of communication between a nurse and her doctor in July 2005 resulted in injuries to her baby during birth.<BR><BR>"The attending physician did not realize it was Ms. Maldonado that was ready to deliver," according to a summary written by county lawyers. "The nurse midwife encountered difficulties with the delivery resulting in the baby's right arm weakness.<BR><BR>In the third settlement, which cost the county $595,000, the family of Heidi Verdekel claimed that officials at the Twin Towers jail in March 2005 failed to promptly realize that she had had an epileptic seizure or take her to the hospital for treatment.<BR><BR>Verdekel, 29, died at Los Angeles County-USC Medical Center.<BR><BR>"Although the county will assert that the proper medical treatment was provided to Ms. Verdekel, the plaintiffs will argue Ms. Verdekel's medical condition was not appropriately managed while she was under the care of the county of Los Angeles," according to the summary provided to supervisors.<BR><BR>All four settlements were unanimously approved.<BR><BR><A href="http://www.latimes.com/news/local/los_angeles_metro/la-me-settle31-2008jul31,0,3608125.story?track=rss">http://www.latimes.com/news/local/los_angeles_metro/la-me-settle31-2008jul31,0,3608125.story?track=rss</A>]]></content>
	</entry>
	<entry>
		<title>Tainted Peanut Butter Cases Can't Proceed as Class Action</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/tainted-peanut-butter-cases-cant-proceed-as-class-action.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:d20f55aa-09a9-4b73-9815-86a1ecaba555</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:56:18Z</updated>
		<published>2008-08-02T13:55:00Z</published>
		<content type="html"><![CDATA[<P>A federal judge in Atlanta has refused to allow multidistrict litigation arising from salmonella-tainted peanut butter to proceed as a class action.</P>
<P>Certifying hundreds of product liability cases as a class action against ConAgra -- the producer of Peter Pan and Great Value peanut butter -- would make little sense because doing so in these cases would neither clear the courts of thousands of similar, individual suits nor effectively compensate plaintiffs with claims too small to litigate, said U.S. District Judge Thomas W. Thrash Jr. in an order entered July 22.</P>
<P>In that order, Thrash rejected proposals by lawyers representing peanut butter consumers to create one class of people who bought jars of peanut butter tainted with the salmonella bacterium and a separate class <A class=linelink href="http://www.law.com/jsp/article.jsp?id=1186736519244">who were sickened or died after eating it</A>. Thrash stated in his order that ConAgra refunds of more than $33 million to Peter Pan retailers and consumers was likely far more effective than suing ConAgra in a class action on their behalf.</P>
<P>Moreover, he said, "Under the plaintiffs' trial plan, at least 6,000 individual trials on exposure, injury, causation, damages and other individual issues will have to be prosecuted whether or not a class is certified, presumably by the lawyers already retained by the personal injury claimants. This is not a case where class certification avoids clogging the federal courts with innumerable individual suits litigating the same issues repeatedly. ... If class certification is denied, these cases will go forward in essentially the same manner they would if a class were certified, only without an expensive, unnecessary, meaningless and largely uncontested 'common' issues trial."</P>
<P>On Wednesday, Robert H. Smalley III, the plaintiffs liaison counsel and a partner at McCamy, Phillips, Tuggle &amp; Fordham in Dalton, Ga., said, "We are disappointed with the ruling."</P>
<P>But he added that the ruling was an aspect of the peanut butter litigation that needed to be addressed. "It was one of the ways we proposed to deal with the masses of cases," he said. "Now, we simply need to deal with all the cases that are here" in Georgia.</P>
<P>In addition to the product liability cases filed against ConAgra in federal court in Atlanta, Smalley said there are "a number of cases in state courts throughout the country" as well as "a great number of unfiled cases."</P>
<P>Smalley said that no decision has been made as to whether plaintiffs counsel will file an interlocutory appeal of Thrash's order.</P>
<P>James H. Walsh, ConAgra's lead counsel and a partner at McGuireWoods in Richmond, Va., could not be reached.</P>
<P>Stephanie Childs, a spokeswoman at ConAgra's corporate headquarters in Omaha, Neb., said, "We actually don't comment on litigation. ... I can tell you that we do remain committed to addressing any consumer concerns related to our peanut butter recall."</P>
<P>The 2007 recall and the civil suits that followed stem from the contamination of peanut butter at ConAgra's manufacturing plant in Sylvester, Ga., with salmonella, a potentially fatal bacterium that can cause acute nausea, diarrhea and abdominal pain when ingested. On Feb. 14, 2007, ConAgra temporarily closed the plant to identify and eliminate conditions that allowed the bacterium -- which is found on an estimated 20 percent of harvested peanuts -- to flourish. The Centers for Disease Control and Prevention in Atlanta reported last year that by May 22, 2007, 628 people in 48 states had been infected with the salmonella bacteria after eating ConAgra peanut butter brands. Seventy-one were hospitalized with symptoms related to salmonella poisoning, Thrash noted in his order.</P>
<P>In denying class certification, Thrash rejected the proposal by plaintiffs counsel to create two classes -- a purchaser class of all people who on or after Oct. 1, 2004, purchased any Peter Pan or Great Value brand peanut butter with a product code beginning with 2111; and a personal injury class composed of anyone who on or after Oct. 1, 2004, consumed a ConAgra peanut butter brand with the 2111 product code and was subsequently sickened.</P>
<P>In a class action, a purchaser class would recover damages based on the theory that ConAgra had been unjustly enriched by purchases of the tainted peanut butter. But Thrash rejected this idea, writing, "It goes without saying that class certification is impossible where the fifty states truly establish a large number of different legal standards governing a particular claim."</P>
<P>The plaintiffs, he wrote, "have failed to carry their burden that there are no material variations in state law" regarding unjust enrichment. "The many differences among jurisdictions would prevent the Court from finding that common issues of law predominate on this claim."</P>
<P>Thrash also shot down arguments by plaintiffs lawyers that a class action would be a cost-effective adjudication of thousands of small claims.</P>
<P>"At oral argument, the plaintiffs' counsel suggested that the damages formula would be based upon the retail value of all the peanut butter sold during the class period or ConAgra's profits from peanut butter during the period," Thrash wrote. "Thus, the actual injury to the plaintiffs' purchasers class and the proposed remedy are completely disconnected."</P>
<P>Moreover, anyone who bought contaminated peanut butter can still obtain a full refund for their purchases from ConAgra, the judge noted. "The issue, then, is whether non-litigation alternatives may be considered when making a judgment on the superiority of class action litigation."</P>
<P>In the case of the contaminated peanut butter, Thrash determined, ConAgra's refund program is likely a better vehicle to reimburse purchasers of tainted peanut butter than a class action. "The defendant claims that it has paid nearly $3 million directly to consumers for claims relating to more than 941,000 jars of peanut butter," Thrash wrote. "In addition, ConAgra has paid more than $30,665,293 to retailers to compensate them for refunds they issued to consumers or for product they had in their possession at the time of the recall ... . According to the defendant, in the first week it announced its recall program, [ConAgra] received at least 1,365,352 calls regarding the program.</P>
<P>"For these reasons, the court does not share the plaintiffs' concern that the refund program is 'minimal or even illusory.'"</P>
<P>Concerning a personal injury class, which Thrash also rejected, the judge noted, "This is not a case where damages may be calculated using some formula, statistical analysis or other essentially mechanistic method."</P>
<P>The plaintiffs counsel have argued that class certification was appropriate to decide the issues "involving the defendant's 'knowledge, conduct and duty'" surrounding the contaminated peanut butter, Thrash continued.</P>
<P>However, the judge wrote, "Although [ConAgra] has not formally admitted liability, it is highly unlikely that it will deny that salmonella-contaminated peanut butter is a defective product and makes people sick who eat it. The court is not convinced that an issues class would promote judicial economy or materially advance the litigation."</P>
<P>Thrash acknowledged that it would be possible to have a class-action trial based on "for example, 'Can eating peanut butter that is contaminated with the bacteria listed above cause illness?' ... But why bother having a trial on issues of such abstract generality?" On the other hand, a class-action trial of issues "such as what the defendant knew or should have known and the adequacy of its general plant sanitation practices in relation to the onset of illness for thousands of people would require special interrogatories and a verdict form of unimaginable complexity," Thrash wrote. "I cannot imagine how to fashion a verdict form that would provide meaningful answers to overarching epidemiological questions in this case."</P>
<P>The case, in the U.S. District Court for the Northern District of Georgia, is <EM>In re ConAgra Peanut Butter Products Liability Litigation</EM>, No. 1:07-MD-1845.<BR><BR><A href="http://www.law.com/jsp/article.jsp?id=1202423438751">http://www.law.com/jsp/article.jsp?id=1202423438751</A></P>]]></content>
	</entry>
	<entry>
		<title>State files suit against firm over gas pumps</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/state-files-suit-against-firm-over-gas-pumps.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:2a959daf-0ef6-4c1c-abc7-19ad6a0e28d0</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:54:06Z</updated>
		<published>2008-08-02T13:52:00Z</published>
		<content type="html"><![CDATA[Alleging that a Montgomery County gas company cheated motorists by giving them less fuel than what they paid for, Texas Attorney General Gregg Abbott filed a suit Thursday that could potentially bankrupt the business and lead to criminal charges. 
<P>Petroleum Wholesale faces "a potential financial death penalty" for allegedly stiffing drivers at Sunmart gas pumps, Abbott said.</P>
<P>The lawsuit charges The Woodlands-based company with violating the Texas Deceptive Trade Practices Act by deliberately calibrating gas pumps to benefit the company at the expense of consumers.</P>
<P>In a written statement, the gas company said Thursday it has done nothing wrong and anticipates "a satisfactory outcome to this matter."</P>
<P>But state officials say a recent investigation by the Texas Department of Agriculture found that 985 pumps of the roughly 1,700 tested at Sunmart gas stations, which are owned by the firm, dispensed less fuel than required. Many of the violations took place in the Houston area.</P>
<P>Each violation carries a civil penalty up to $20,000. If only one customer per day pumped gas from each of the 985 pumps, the company could face a daily fine of nearly $20 million.</P>
<P>The number of violations can't be determined until the legal action proceeds, the attorney general said, adding, "It could be a very stiff penalty."</P>
<P>And the damages could multiply, Abbott said, because state officials believe company owners knowingly and intentionally miscalibrated the pumps. The case could also result in criminal charges, Abbott said.</P>
<P>"They would be very smart to come forward very quickly and try to resolve it as quickly as possible," he said.</P>
<P>Company officials disagreed with the conclusions of the inspections.</P>
<P>"We adamantly deny that (Petroleum Wholesale) has intentionally cheated consumers. Nevertheless, because of the misinformation put out by the Agricultural Commission last week, we expected the filing of this lawsuit," company officials said in a prepared statement, which was not attributed to any individual at the firm.</P>
<P>"We are additionally concerned that some of the testing methods utilized by (state inspectors) do not comply with the testing protocol set forth by applicable statutes designed to ensure test result accuracy."</P>
<P>Higher gasoline prices have spurred numerous consumer complaints about cheating, said Texas Agriculture Commissioner Todd Staples, whose department is responsible for inspecting fuel pumps across the state.</P>
<P>The agency received more than 570 complaints in July, compared with about 1,000 for an entire 12-month period two years ago, he said.</P>
<P>The state's crackdown on Petroleum Wholesale will send a strong message, Staples said.</P>
<P>Staples has 72 inspectors for all of Texas and will ask for more when the Legislature meets next year. But motorists also can check gas pumps to make sure they are getting proper fuel amounts, he said.</P>
<P>"The 16 million drivers are the best inspectors that we have," Staples said.</P>
<P>Fuel pumps are allowed to be off by as much as 6 cubic inches per 5 gallons, roughly six tablespoons, which could cost customers 2 cents a gallon, based on $4-a-gallon gasoline.</P>
<P>The worst pump in the Houston area fell short by about 22 cubic inches, or about one-tenth of a gallon, for every five gallons pumped, Staples said.</P>
<P>Many of the Sunmart calibrations were so far off, Abbott said, "that we believe that was knowingly and intentional deceptive, fraudulent practices by Sunmart."</P>
<P>Staples said his inspections found 62 of 64 pumps at one Sunmart station on Interstate 45 in Houston "set in favor" of the company. "These are outrageous results," he said.</P>
<P>Abbott and Staples also accused Sunmart company officials of intentionally obstructing the Agricultural Department's July investigation by "scrambling to recalibrate those pumps" once they learned inspectors were coming around.</P>
<P>The company declined to respond to specific allegations, saying in its statement: "We have provided documents to the Department of Agriculture, have responded to every request for information and will continue to offer our assistance in the process."<BR><BR><A href="http://www.chron.com/disp/story.mpl/headline/metro/5918607.html">http://www.chron.com/disp/story.mpl/headline/metro/5918607.html</A></P>]]></content>
	</entry>
	<entry>
		<title>Escalator incidents raise safety issues with Crocs' shoes</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/escalator-incidents-raise-safety-issues-with-crocs-shoes.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:5cde1400-0720-4211-b112-6c63b5227bd2</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:52:34Z</updated>
		<published>2008-08-02T13:50:00Z</published>
		<content type="html"><![CDATA[A Crocs official on June 13 told the U.S. Consumer Product Safety Commission that there is a "miniscule risk" of the company's shoes getting caught in escalators. 
<P>The letter, written by Eric Olsen, director of engineering for Crocs, said the Niwot-based shoemaker voluntarily would add "escalator safety language" to hang tags on its shoes.</P>
<P>Olsen's letter was in response to incident reports forwarded to Crocs by the commission "regarding escalator entrapment, tripping, slipping and other incidents involving customers who reportedly were wearing Crocs footwear."</P>
<P>According to the letter, there were 186 escalator incident reports from within the United States sent to Crocs. The commission received 73, Crocs received 12 via e-mail and seven via insurance claim or product-liability lawsuits, one of which was also sent to the commission, and 94 reports were received from miscellaneous sources such as consumer calls and media reports.</P>
<P>Crocs' foreign affiliates also reported an additional 50 reports, bringing the total to 236 worldwide.</P>
<P>A spike in the number of reports occurred during a two-week period in September 2007 that "coincides with the timing of widespread media coverage ... regarding escalator entrapments involving Crocs shoes ... ," according to Olsen's letter. "... the frequency of reports has been influenced by the media or other external sources."</P>
<P>Despite the recent drop in the company's stock, Tia Mattson, a company spokeswoman, said it has nothing to do with the safety campaign.</P>
<P>"I do not think that it's accurate to tie in stock prices with our safety messages," she said. "I think the stock has been volatile for a period of time, and I don't think it has to do with the safety message."</P>
<P>Crocs is in the midst of several personal-injury lawsuits, but it would not disclose the total number. Andrew Laskin, a personal-injury attorney with New York-based Robinson &amp; Yablon PC, is representing three clients with federal lawsuits against the company _ two in New York and one in Kentucky. He soon will file another lawsuit in California.</P>
<P>Crocs issued a statement that said the new safety messages are not intended to protect the company in future lawsuits, and that the message is simply "a proactive measure that we took and a way to relay positive information."</P>
<P>Laskin said the new safety campaign is too little, too late.</P>
<P>"It doesn't help them for all the people that have shoes now," he said. "They should be making a public service announcement now, telling people what the problem is. Putting a label on it next year doesn't help anyone.</P>
<P>"It makes them look like a company that didn't do anything about safety until it was abundantly clear that they were going to get caught in lawsuits."</P>
<P>Crocs will not settle any of the lawsuits out of court because, "We believe the lawsuits are without merit, and Crocs will continue to defend itself against this type of baseless litigation," according to an e-mail from Mattson.</P>
<P>Multiple requests to speak with Crocs executives were not granted.</P>
<P>Crocs contends that the safety issue falls on "escalator designs and safety features, escalator maintenance, escalator warning signs and rider behavior," according to Olsen's letter.</P>
<P>Olsen also said the tags will not have an effect on future injuries. The onus lies on designing the dangers out of escalators.</P>
<P>"... although an appropriately designed tag could convey the proper message to consumers who take the time to read the tag, any tag is unlikely to be as effective at decreasing the frequency of escalator entrapment injuries as designing the hazard out of escalators and reducing consumers' access to the step to skirt gap," he wrote.</P>
<P>The step to skirt gap is the space on the side of the escalator, which is where Crocs reportedly have gotten stuck.</P>
<P>While the company has insisted that the safety tag is not a maneuver to protect itself in future legal proceedings, local attorney John Purvis, with Boulder-based Purvis &amp; Gray LLP, said the company can defend itself with it.</P>
<P>"I would expect them to try to defend themselves when this public safety tag is launched. In any lawsuits in the future, this public safety announcement can be used as a post-sale warning. That's what I'm betting," Purvis said.</P>
<P>Purvis is affiliated neither with Crocs nor any of the personal-injury lawsuits.</P>
<P>"A post-sale warning is designed to let consumers know that there is this danger, and that they should be careful," Purvis said. "It's going to be a fact question as to whether what they've done is broad enough to reach the people they should be reaching, and there are going to be a lot of arguments that say they're not."</P>
<P>Laskin said he will continue to file suit against the company, even when the shoe carries the safety message.</P>
<P>"They could argue that people should have known that they could get sucked into escalators," he said. "I wouldn't hesitate to take them to court in the future. I would say that the warning was inadequate."<BR><BR><A href="http://www.bcbr.com/article.asp?id=95226">http://www.bcbr.com/article.asp?id=95226</A></P>]]></content>
	</entry>
	<entry>
		<title>Plainville couple indicted on insurance fraud charges</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/plainville-couple-indicted-on-insurance-fraud-charges.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:5d7c3b97-fdfc-45ce-8408-3ba0d1fc75d3</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:50:23Z</updated>
		<published>2008-08-02T13:49:00Z</published>
		<content type="html"><![CDATA[A Plainville couple has been indicted for allegedly stealing funds from their auto insurance company, lying under oath, and obtaining fake Massachusetts identification cards.<BR><BR>Efrain Colon, 43, was charged with two counts of motor vehicle insurance fraud, two counts of conspiracy, larceny over $250, attempted larceny and perjury, according to the attorney general's office.<BR><BR>Efrain Colon's girlfriend, Rosita Colon, 40, was charged with two counts of motor vehicle insurance fraud, two counts of larceny over $250, two counts of conspiracy, falsification of a Massachusetts Identification Card and attempting to falsify a Massachusetts ID card.<BR><BR>The charges followed an investigation conducted by the attorney general's office in October 2007 after the matter had been referred by the Insurance Fraud Bureau (IF<img src="http://damianidiart.com/emoticons/cool.png" border="0" />. Investigators discovered that in October 2003, the Colons and two of their children were involved in a minor motor vehicle crash in the South Shore Plaza parking lot in Braintree when they were struck from behind by a mall security vehicle.<BR><BR>As a result, both Colons filed personal injury claims with their insurer, MetLife Home and Auto. They also submitted bodily injury claims with Travelers Insurance, the insurer for South Shore Plaza Security. According to authorities, in an effort to recover lost wages from both insurers as a result of the accident, the Colons claimed to have missed work from their jobs in Quincy. Based on the documents submitted for their claims, the Colons allegedly received approximately $9,000 from MetLife.<BR><BR>Authorities also discovered that Rosita Colon allegedly settled a bodily injury claim with Travelers for $50,000. Further investigation conducted by Travelers discovered that the Colons' former employer's main office was actually located in Allston, not Quincy. Travelers also discovered that the Quincy address given by the Colons was actually an apartment rented by relatives at the time of the accident. Upon learning this information, Travelers referred the case to the IFB.<BR><BR>A separate investigation conducted by the IFB discovered that neither Colon had been employed at the time the accident occurred, the Attorney General's office said.<BR><BR>Efrain Colon's claim with Traveler's did not settle, and he subsequently filed a lawsuit against Travelers for bodily injury in Norfolk Superior Court. During a deposition in that civil lawsuit, he allegedly made false statements claiming that he was employed full time as of the date of the accident and thereafter.<BR><BR>Indictments were returned against both Colons June 13. The couple was arraigned Thursday in Plymouth Superior Court, at which time both defendants entered individual pleas of not guilty and were released on personal recognizance.<BR><BR>Both defendants are due back in court Sept. 24 for a pre-trial conference. Plymouth Superior Court Judge Joseph M. Walker III presided over the arraignment. <BR><BR><A href="http://www.thesunchronicle.com/articles/2008/08/02/news/3480310.txt">http://www.thesunchronicle.com/articles/2008/08/02/news/3480310.txt</A>]]></content>
	</entry>
	<entry>
		<title>U.S. lawyers courting French plaintiffs</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/us-lawyers-courting-french-plaintiffs.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:2c648d5c-2de0-438c-b40e-14645598ee79</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:49:15Z</updated>
		<published>2008-08-02T13:48:00Z</published>
		<content type="html"><![CDATA[A federal court in New York is pondering the question of whether or not to allow French citizens to join a U.S. class action lawsuit. 
<P itxtvisited="1"></P>
<P itxtvisited="1">The U.S. District Court in Manhattan chose Coughlin Stoia Geller Rudman &amp; Robbins as lead counsel in a suit against French bank Societe Generale on July 23.</P>
<P itxtvisited="1">One of the lead attorneys, Patrick Daniels, traveled to Paris to assemble a team of French lawyers and press the case for allowing French citizens join in the case, the International Herald Tribune reported.</P>
<P itxtvisited="1">"It is up to the court to decide whether French investors are allowed in, but there are precedents," Daniels said.</P>
<P itxtvisited="1">Plaintiffs are attempting to recover losses suffered after a trader at the bank, Jerome Kerviel, allegedly lost $7.2 billion with unauthorized trades.</P>
<P itxtvisited="1">Allowing non-U.S. citizens to join a U.S. class action suit is rare. </P>
<P itxtvisited="1">"It's something that the courts here wrestle with," Michael Young, a partner at Willkie Farr &amp; Gallagher told the Times. </P>
<P itxtvisited="1">"It has created an issue because sometimes you have a non-U.S. plaintiff investing in a non-U.S. company bringing a class action in New York," he said. <BR><BR><A href="http://www.upi.com/Business_News/2008/07/31/US_lawyers_courting_French_plaintiffs/UPI-14481217515715/">http://www.upi.com/Business_News/2008/07/31/US_lawyers_courting_French_plaintiffs/UPI-14481217515715/</A></P>]]></content>
	</entry>
	<entry>
		<title>Family resolves to take fight over exorcism to Supreme Court</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/family-resolves-to-take-fight-over-exorcism-to-supreme-court.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:46bfd3cd-a1eb-4c1c-8c50-b231a7421281</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:48:05Z</updated>
		<published>2008-08-02T13:46:00Z</published>
		<content type="html"><![CDATA[<P>Laura Schubert Pearson was an impressionable 17-year-old when friends in her church youth group thought demons possessed her.</P>
<P>Repeatedly, over two days, the youth pastor, his wife and others held the girl down on the floor of the Pleasant Glade Assembly of God Church in Colleyville, even as Pearson screamed, fought and begged to be released.</P>
<P>They cast it as wrestling with the devil.</P>
<P>But she said it was "like being pummeled by this very large group. These were our friends, people we hung out with."</P>
<P>The 1996 episode left her physically and emotionally scarred, and "this stuff is still hard to talk about," Pearson told the <EM>Star-Telegram</EM> after the Texas Supreme Court dismissed her lawsuit against the church June 27. The majority said the courts can’t get involved in a religious debate over church doctrine.</P>
<P>Pearson, now 29 and living near Atlanta with her new husband and her children, said: "You can’t use your religious beliefs to get away with harming a child." </P>
<P>After the exorcism, she dropped out of high school her senior year, began to cut herself as many as 100 times over several years, and refused to leave the house. Pearson slit her wrists with a box cutter. </P>
<P>Her father, a former missionary and minister, became an agnostic. </P>
<P>But Pearson and her parents, Tom and Judy Schubert, say they are willing to go to the U.S. Supreme Court in their fight against a church they once loved.</P>
<P>As the parents see it, Pleasant Glade members abused their daughter in the same way a husband or a boyfriend abuses a wife or a girlfriend — and all under the guise of serving the Lord.</P>
<P>"This is so much bigger than myself," Pearson said. </P>
<P>"This is about not allowing the cover of religion to permit physical abuse in a church, and particularly to a child," Pearson added.</P>
<P><STRONG><SPAN class=subhead>Called out-of-control</SPAN></STRONG></P>
<P>The Rev. Lloyd McCutchen, who later merged the Pleasant Glade church with another congregation to create the Assembly of God Church in Colleyville, did not return calls seeking comment. But in 2002, he said that the congregation was a "Bible-believing Pentecostal church. For this we make no apologies."</P>
<P>David Pruessner, the church’s attorney, has repeatedly described Pearson as an out-of-control, attention-seeking teenager who he once said "breathes in attention the same way we breathe in air."</P>
<P>In court testimony, church members did not deny holding her down.</P>
<P>"None of them had a personal vendetta," Pruessner said. "She was in a church service and screaming and in a lot of pain, so they were stepping forward to help her."</P>
<P>Pearson already suffered from psychological problems caused by traumatic events she witnessed while her parents were missionaries in Africa, including "beatings and burnings," Pruessner claimed in court documents.</P>
<P>In a 1992 letter to church officials from Cameroon, Tom Schubert said Pearson had fallen into a "terrible depression" and often can be found "curled up on her bed." </P>
<P>Pruessner said the fact that Pearson has been able to attend college and is on her way to getting her second degree — something she claimed during the 2002 trial that she would never be able to do — is evidence that this episode has been "blown out of proportion."</P>
<P>"One of the easiest claims to make is that someone has caused you an emotional injury," Pruessner said.</P>
<P><STRONG><SPAN class=subhead>Six difficult days</SPAN></STRONG></P>
<P>Although it happened more than 12 years ago, Pearson says it is still hard to talk about those harrowing six days in June 1996.</P>
<P>Pearson and her brother, Joseph, had been left with their older sister, Amy, while their parents went on a fundraising trip in Indiana. She was going to hang out with the church youth group and work at her part-time job. On June 7, a Friday, Pearson went to the church to help the youth group prepare for a garage sale. At about midnight, one of the teens rushed in saying he had seen a demon in the darkened sanctuary.</P>
<P>Rod Linzay, the youth pastor, urged everyone to anoint the sanctuary with holy oil. They rapped on pews. They prayed. They propped a cross against the doors to keep demons out or drive them out. They were up until early morning.</P>
<P>"I had been around [the church] all of my life, but I had not experienced anything of this sort.  . . .  After being up all of those hours and involved in all of that, it was easy to believe what was going on was real," she said.</P>
<P>Exhausted, Pearson went home and then to work but was unable to sleep that night. By the time she returned to the church on Sunday evening, she had been up for 72 hours. </P>
<P>It was then that people believed demons had possessed her and the first exorcism was performed. Pearson said she collapsed on the floor out of exhaustion. During the trial, doctors suggested she was hypoglycemic. She clenched her fists, gritted her teeth, made guttural sounds, cried and yelled.</P>
<P>"I was moving my head back and forth, and I hear people saying things are wrong with me and the youth pastor’s wife saying it was the demons," Pearson said. They held her down, but after the thrashing stopped, Pearson was allowed to get up after saying the name <EM>Jesus</EM>.</P>
<P>On Wednesday, Pearson returned to the church. After hearing a sermon about "putting on the whole armor of God to fight off the devil," Pearson said she went off to a corner, curled into a fetal position and prayed.</P>
<P>When another youth asked to pray for her, Pearson refused. Eventually, she was held spread-eagle on the floor. She fought those holding her and asked to be let go. They said "it was the devil talking," Pearson said.</P>
<P>McCutchen then entered the room. He tried to calm Pearson and told her to "just say the word <EM>Jesus</EM>." Eventually, he called Pearson’s parents, who came and took their "dazed" daughter home. Later they saw the bruises and carpet burns. Soon she began having nightmares about hands and faces coming out of her bedroom walls to grab her.</P>
<P>When her senior year in high school started later that summer, Pearson suffered such a strong anxiety attack that she attended school for only one day. In October, she cut her wrists with a dull box cutter at work. She later tried to overdose on her medications. Pearson was diagnosed with post-traumatic stress disorder. "My health was so poor. I weighed about 87 pounds.  . . .  I was afraid to go out of the house," she said.</P>
<P><STRONG><SPAN class=subhead>Turning the corner</SPAN></STRONG></P>
<P>In November 1998, the family left Texas, and Tom Schubert resigned as an Assemblies of God minister and missionary. The Schuberts moved to Georgia to be near the wife’s family. </P>
<P>Tom Schubert worked as manager of an auto-parts store but eventually got degrees in counseling. Now 56, he is retired and on disability after being diagnosed with severe osteoporosis, which has caused spinal fractures. </P>
<P>Schubert has lost his faith, while his wife and daughter continue to believe.</P>
<P>"I do not hold the religious views I once held," Schubert said. "I don’t know what is out there. I don’t think what is out there is what I thought was there in the past.  . . .  I don’t believe in demons and such.  . . .  I doubt that God exists."</P>
<P>Their son, Joseph, who witnessed at least one of the exorcisms, also struggled with what happened and eventually dropped out of school. </P>
<P>He now works for a company that builds trade-show exhibits. </P>
<P>Pearson said she has started to rebuild her life. "For the first several years, it was very, very difficult, dealing with nightmares and feeling out of control," Pearson said. "Getting my bearing again was very hard to do."</P>
<P>Her first marriage ended in divorce, but she credits the birth of her daughter, now 7, with turning her life around. She also has a 5-year-old son. </P>
<P>She remarried on the day the Texas Supreme Court tossed out her lawsuit.</P>
<P>Pearson got an associate degree in criminal justice, then decided to continue her education and will soon complete a degree in social work. In her internship, she works with children from broken homes who have been in abusive situations.</P>
<P>"I wanted to understand why good people do bad things or why bad things happen to good people," Pearson said. "I had a lot of questions I needed legitimate, honest answers to."<BR><BR><A href="http://www.star-telegram.com/news/story/786870.html">http://www.star-telegram.com/news/story/786870.html</A></P>]]></content>
	</entry>
	<entry>
		<title>Appeals court upholds $16 million verdict against Allstate</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/appeals-court-upholds-16-million-verdict-against-allstate.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:3fdac12f-362e-4220-98af-8439aec5c517</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:46:46Z</updated>
		<published>2008-08-02T13:45:00Z</published>
		<content type="html"><![CDATA[<P>On March 24, 2000, Wayne Davis Jr. got into his pickup while intoxicated, crossed the center line on U.S. 54 in Camden County and hit a compact car head-on.</P>
<P>The force of the collision pushed the car back more than 100 feet. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.</P>
<P>Although the Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, his carrier, <STRONG>Allstate Insurance Co.</STRONG>, did not respond until six months later. That was after the statutory 60-day limit for accepting had expired.</P>
<P>Now Allstate is paying dearly. On Tuesday, the <STRONG>Missouri Court of Appeals </STRONG>in Kansas City upheld a jury verdict that socked the insurer with more than $16 million in damages.</P>
<P>After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.</P>
<P>The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.</P>
<P>The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not respond in a timely fashion to the Johnsons’ initial settlement offer.</P>
<P>Allstate claimed it lost the letter proposing the offer and responded late because it did not receive the Johnsons’ medical records, which it had sought to determine the extent of the Johnsons’ injuries.</P>
<P>The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.</P>
<P>Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals held that the evidence was sufficient to justify the verdict.</P>
<P>“Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith,” Judge Paul Spinden wrote.</P>
<P>Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.</P>
<P>“The fortunate thing is that this verdict obviously takes care of some people that badly need taking care of,” said Kansas City lawyer Kirk Presley, who represented Davis in the action against Allstate. “And I think, under the facts, this was the only appropriate result. This was a case where (Allstate) offered no evidence whatsoever, and I think it’s because they were in an indefensible position in how they treated this client.”</P>
<P>Mike Siemienas, a spokesman for Allstate, said the company was “disappointed the verdict was not overturned.”</P>
<P>“We need to review the opinion to determine our next steps,” he said.</P>
<P>The appeals court’s decision comes just a few weeks after Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.</P>
<P>Manners last week agreed to expunge the fine after finding that Allstate eventually complied with the order. Allstate had blamed its attorney, whom it later fired, for failing to inform it of the order.</P>
<P>The attorney, Paul Hasty Jr., also represented Allstate in the Johnson case. He did not return a call seeking comment.<BR><BR><A href="http://www.kansascity.com/business/story/726338.html">http://www.kansascity.com/business/story/726338.html</A></P>]]></content>
	</entry>
	<entry>
		<title>ARS collapse giving rise to class-action lawsuits</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/ars-collapse-giving-rise-to-classaction-lawsuits.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:9d5421cc-c032-484a-b327-8673eeffa82c</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:45:15Z</updated>
		<published>2008-08-02T13:44:00Z</published>
		<content type="html"><![CDATA[<SPAN class=cf_body1>A trio of studies released yesterday paint slightly different pictures of the legal landscape, but all point to a greater number of securities class-action lawsuits related to subprime problems, and specifically the collapse of auction-rate securities. <BR><BR>One study, by NERA Economic Consulting, found that 139 class-action lawsuits have been filed this year. NERA indicated that if the current pace continues there will be nearly 280 filings by year end, the highest level since 2002. In particular, the consulting firm found that subprime cases are on the march, with 49 filed so far, compared with the 39 subprime-related suits filed in all of 2007.<BR><BR>Not surprisingly, litigation surrounding auction-rate securities has been on the increase, the NERA study found. Twenty-two such cases have been filed this year, and many more are likely to come as investor ire over the collapse of ARS increases. <BR><BR>“We expect to see more classic shareholder class-action cases related to ARS,” said NERA study author Svetlana Starykh. Currently, the cases primarily involve ARS holders suing banks that marketed the securities. But Ms. Starykh expects to see ARS-related cases in which banks are sued by their own shareholders. In that case, the total number of class-action lawsuits could mount, she said.<BR><BR>Meanwhile, a study released yesterday by Cornerstone Research and Stanford Law School reported 110 class-action lawsuits filed in the first half of 2008, trumping the 107 it reported during the second half of 2007. <BR><BR>But a study by PricewaterhouseCoopers predicted that total federal class-action lawsuit filings for 2008 will likely fall short of the 164 cases the firm recorded last year. Subprime-related lawsuits fell somewhat in the first half of 2008, at 26 compared with the 30 such cases filed in the last half of last year, the PWC study found.<BR><BR>The numbers don’t add up among the various studies, but experts chalk that up to different methodologies. The NERA study, for example, counts each lawsuit separately, while Cornerstone consolidates multiple lawsuits from both equity and bond investors against a single company. <BR><BR>What’s more, the PWC research specifically excludes ARS lawsuits, as well as those against mutual funds.<BR><BR>“[The ARS cases] do seem to be a one-off at this point,” explained PWC partner Grace Lamont, who said she doesn’t expect to see any more investor ARS lawsuits. She said most of those suits were filed in the spring after a Securities and Exchange Commission investigation into ARS practices.<BR><BR>Ms. Lamont did not comment on whether she expects an uptick in ARS-related suits filed against banks by their shareholders.<BR><BR>NERA found that the average settlement value of class-action suits actually dropped in the first half of 2008, coming in at $32 million. In 2006, the average class-action settlement was $82 million. The percentage of large settlements (at least $100 million) also dropped, from 9.8% of total cases in 2006 to 2.2% so far this year. <BR><BR>Class-action filings tend to mirror the ups and downs of the U.S. economy, particularly if those cycles are punctuated by business scandals. Following the savings and loan scandal in the 1980s, class-action suits skyrocketed, then fell shortly afterward. The highest quarter of filings was in the beginning of 1991, with 72 filed during that first quarter.<BR><BR>According to the NERA study, 2001 saw the greatest number of federal class-action lawsuits, with 516 cases filed.<BR><BR><A href="http://www.financialweek.com/apps/pbcs.dll/article?AID=/20080730/REG/443678440/1036">http://www.financialweek.com/apps/pbcs.dll/article?AID=/20080730/REG/443678440/1036</A></SPAN>]]></content>
	</entry>
	<entry>
		<title>Sonics seek to head off class-action suit</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/sonics-seek-to-head-off-classaction-suit.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:1bd2c946-3a54-4172-b6e1-dae9c80c58bf</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:44:03Z</updated>
		<published>2008-08-02T13:42:00Z</published>
		<content type="html"><![CDATA[The owners of the Seattle SuperSonics contend jilted season ticket holders are too diverse to justify a class-action lawsuit. 
<P itxtvisited="1"></P>
<P itxtvisited="1">Lawyers for the ownership group led by <A style="TEXT-DECORATION: underline" href="http://www.upi.com/topic/Clay_Bennett/">Clay Bennett</A> said in court documents that Seattle fans who bought season tickets had too many different motivations for their purchases to be considered a single group.</P>
<P itxtvisited="1">"It is readily apparent that the reasons why each of those 349 persons renewed for 2007-08 are highly personal and not susceptible to class treatment," attorney John Tondini wrote. "Some renewed because they always renew. Some renewed because they use the tickets for business clients, employee recognition and the like."</P>
<P itxtvisited="1">The Seattle Post-Intelligencer Wednesday said argument was aimed at blocking a motion to have the fan lawsuit declared a class action and limit the defendants to the three ticket holders who filed the action.</P>
<P itxtvisited="1">The fans sued on the grounds Bennett misled them with a <A class=iAs style="FONT-WEIGHT: normal! important; FONT-SIZE: 100%! important; PADDING-BOTTOM: 1px! important; COLOR: darkgreen! important; BORDER-BOTTOM: darkgreen 0.07em solid; BACKGROUND-COLOR: transparent! important; TEXT-DECORATION: underline! important" href="http://www.upi.com/Sports_News/2008/07/30/Sonics_seek_to_head_off_class-action_suit/UPI-70581217443822/#" target=_blank itxtdid="6349602">marketing</A> offer of a three-season price freeze for renewing prior to the NBA's approval of the team's move to Oklahoma City. <BR><BR><A href="http://www.upi.com/Sports_News/2008/07/30/Sonics_seek_to_head_off_class-action_suit/UPI-70581217443822/">http://www.upi.com/Sports_News/2008/07/30/Sonics_seek_to_head_off_class-action_suit/UPI-70581217443822/</A></P>
<SCRIPT type=text/javascript>addthis_pub  = 'upi';</SCRIPT>]]></content>
	</entry>
	<entry>
		<title>Securities Class Action Lawsuits Soar</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/securities-class-action-lawsuits-soar.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:367a1ac5-dd3a-45e7-97d2-c40ec2e60b62</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:42:26Z</updated>
		<published>2008-08-02T13:41:00Z</published>
		<content type="html"><![CDATA[<P class=introduction>Subprime mortgage and auction-rate securities cases contributed to a sharp increase in the number of shareholder class action filings in the first half of 2008, according to a study issued yesterday.</P>
<P>Driven in part by the meltdown of the subprime mortgage and credit markets, the number of filings is projected to reach almost 280 by the end of the year, the largest annual total since 2002 and more than double a low of 131 in 2006, a report from NERA Economic Consulting, an economics analysis firm, said. Of the filings through June, 51% are related to the subprime crisis.</P>
<P>Despite the uptick in the number of filings since 2006, the average settlement values have remained steady, at around $30 million, the study found. But excluding settlements of more than $1 billion, lawsuits filed this year seek settlement damages of $10 million on average, a noticeable decline from settlements in recent years, when the average has hovered between $20 million and $30 million.</P>
<P>The decrease could be attributed to decisions by the Supreme Court to limit the damages awarded in class action suits. "Only 2% of all settlements during these six months were $100 million or more, as opposed to 7% in 2007 and almost 10% in 2006," an author of the study, Svetlana Starykh, said. This total could increase, however, as many of these cases have not yet settled. The study comes on the heels of another report by Stanford University's Securities Class Action Clearinghouse, which found that the number of filings rose to 110 in the first six months of this year, up from a low of 53 in the second half of 2006.<BR><BR><A href="http://www.nysun.com/business/securities-class-action-lawsuits-soar/82942/">http://www.nysun.com/business/securities-class-action-lawsuits-soar/82942/</A></P>]]></content>
	</entry>
	<entry>
		<title>Personal Injury Lawsuits Charge Yamaha Rhino Side by Side ATV Is Dangerously Unstable</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/personal-injury-lawsuits-charge-yamaha-rhino-side-by-side-atv-is-dangerously-unstable.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:e03a8395-91e7-4250-9696-5d70474a577f</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:41:20Z</updated>
		<published>2008-08-02T13:40:00Z</published>
		<content type="html"><![CDATA[Lieff Cabraser Heimann &amp; Bernstein, LLP, announced that two Californians represented by the law firm today filed separate personal injury lawsuits against Yamaha Motor Corporation. Each plaintiff suffered injuries in accidents while riding the Yamaha Rhino side-by-side all terrain vehicle (<SPAN id=bwanpa0>“</SPAN>ATV<SPAN id=bwanpa1>”</SPAN>). 
<P>The plaintiffs allege that the Yamaha Rhino side-by-side contains multiple design flaws rendering it dangerously unstable and unduly prone to tipping and rolling over even when driven on flat ground at low speeds. These defects include a top-heavy design resulting in a high center of gravity and a dangerously narrow track width. Together, these design flaws make the Rhino unduly prone to tip and roll over. </P>
<P><SPAN id=bwanpa2>“</SPAN>The complaint charges that the Yamaha Rhino has caused numerous injuries, amputations, and deaths throughout the United States,<SPAN id=bwanpa3>”</SPAN> stated Robert J. Nelson, a partner at Lieff Cabraser, who represents the plaintiffs. <SPAN id=bwanpa4>“</SPAN>The design flaws make the Rhino dangerously susceptible to tipping and rolling, even when being driven at slow speeds.<SPAN id=bwanpa5>”</SPAN> </P>
<P>Despite literally hundreds of Rhino rollover accidents, there has been no formal recall of the vehicle by Yamaha. Instead, in August 2007, Yamaha announced that free of charge it would install half doors and a passenger handhold for Rhinos manufactured from 2004 through 2007. For the 2008 Rhino, Yamaha has added the half doors and a handhold as standard equipment. </P>
<P>The complaint charges that despite these improvements Yamaha has made no changes designed to improve the stability or handling of the Yamaha Rhino, in spite of the availability of safe and inexpensive alternative designs and feasible modifications. </P>
<P><SPAN id=bwanpa6>“</SPAN>While its retrofit program was a step in the right direction, Yamaha has neither acknowledged nor addressed the Rhino<SPAN id=bwanpa7>’</SPAN>s core stability problems,<SPAN id=bwanpa8>”</SPAN> stated attorney Robert J. Nelson. "The tip overs and terrible accidents will continue to occur so long as the stability problems are not fixed.<SPAN id=bwanpa9>”</SPAN> <BR><A href="http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&amp;newsId=20080731005312&amp;newsLang=en">http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&amp;newsId=20080731005312&amp;newsLang=en</A><BR></P>]]></content>
	</entry>
	<entry>
		<title>Milwaukee Personal Injury Lawyer In Question</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/milwaukee-personal-injury-lawyer-in-question.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:40f2dccf-893b-45bd-a52f-62d5f029b35c</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:40:09Z</updated>
		<published>2008-08-02T13:37:00Z</published>
		<content type="html"><![CDATA[He's one of the most familiar faces in Milwaukee law boasting great results for accident victims for nearly 50 years. 
<P></P>Joe Weigel, a local personal injury lawyer finds himself at the center of an investigation that raises questions about legal ethics and the disciplinary system for lawyers. 
<P></P>Weigel's commercials are a staple of late-night television and his Web site promises aggressive and experienced lawyers who can get the best possible results. In one of Weigel’s commercials, the slogan says, “Don’t drop the ball. Make the call.” 
<P></P>Joseph Bradley, who used to work for Weigel, filed a grievance with Weigel’s law firm and said the firm was the one who “dropped the ball.” 
<P></P>The law firm of Weigel, Carlson, Blau and Clemens is under investigation by Wisconsin's Office of Lawyer Regulation Bradley found a letter he said shows serious ethical breaches. 
<P></P>“Twenty-four people made the call. Twenty-four people signed up and 24 people got screwed,” Bradley said. 
<P></P>Bradley said a clerk at the firm wrote the letter to Weigel and his partners to tell those 24 clients they had lost their right to sue because the firm missed the deadlines for filing a lawsuit. 
<P></P>An excerpt from the letter reads: “I am concerned that if and when the clients call for status updates of their files and the computer shows the case dropped with no explanation, any one of these cases could become a bar complaint.” 
<P></P>Bradley said when he found the letter he reluctantly obeyed what lawyers call the "rat rule" Wisconsin's Supreme Court requires lawyers to report evidence of misconduct by other attorneys. So Bradley filled out the required forms for the Office of Lawyer regulation or OLR. That was 15 months ago. 
<P></P>“It's been 15 months, what's happened? Zero. Nothing. I've written, made telephone calls, begged for a response, I haven't gotten it,” Bradley said. 
<P></P>Bradley said OLR told him it had nothing to report because Weigel never responded even though the OLR investigator demanded a written reply by July 17, 2007. 
<P></P>“You have to respond. Failure to respond is a violation of the code itself,” Bradley said. 
<P></P>Failure to respond can also result in the suspension of an attorney's law license, yet Weigel continues to practice law. 
<P></P>No one at the Office of Lawyer Regulation would talk on camera citing a Supreme Court rule. It requires confidentiality in the case of all grievances against attorneys. 
<P></P>WISN 12 News has learned Weigel's son, Bill Weigel, is a top lawyer for Wisconsin's Office of Lawyer Regulation. And, it appears Bradley's grievance is not the only one OLR has reviewed. 
<P></P>Bradley said after he confronted Weigel about the expired cases, Weigel sent him a note reading: "In the past two years since we moved from our friends on Wells Street; I've had almost 40 "client" complaints with the bar association. Even though almost all of them have been dismissed; it has cost us a fortune in time, effort, expense..." 
<P></P>Weigel declined to talk on camera but 12 News caught up with him by telephone. 
<P></P>When asked about the expired case list Bradley found, Weigel said, “He's got a bad list and there were no such cases. You may want to have him tested for Alzheimer’s." 
<P></P>When asked if he'd responded to OLR, Weigel said he was unsure. 
<P></P>A day later, Weigel sent 12 News this statement: 
<P></P>"During the recent breakup of our law firm, a number of complaints were made against me. These were investigated and most were resolved without disciplinary proceedings. A few are still under investigation. To protect client confidentiality, I cannot try this matter in the media. I feel that my public record over the past 48 years speaks for itself." 
<P></P>In fact, the Supreme Courts own statistics suggest the turnaround time for the Weigel case is only slightly longer than average. 
<P></P>According to the Supreme Court, the average processing time for formal investigations at OLR is 357 days. 
<P></P>“It's flawed, it's seriously flawed,” Bradley said. “The purpose of OLR is to police its ranks to protect the public and to protect lawyers from themselves.” 
<P></P>Bradley said he worries about those still answering the Weigel firm's ads 
<P></P>“It's got to shake whatever faith the public has in the legal system today,” he said. 
<P></P>Bill Weigel forwarded this comment: 
<P></P>"Supreme Court rules prohibit me from even acknowledging to you the existence or non-existence of any lawyer regulation grievance matter if there were an investigation concerning the conduct of any lawyer who is a close relative or where my ability to act impartially could reasonably be questioned, I certainly would not participate." 
<P></P>Bradley and others have argued lawyers should be regulated by the agency that oversees virtually every other profession from barbers to brain surgeons. 
<P></P>For now, lawyers discipline themselves.<BR><BR><A href="http://www.wisn.com/news/17042458/detail.html">http://www.wisn.com/news/17042458/detail.html</A><BR><!--stopindex-->]]></content>
	</entry>
	<entry>
		<title>Gun Accident Injuries Are More Likely With Weaker Safety Restrictions</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/gun-accident-injuries-are-more-likely-with-weaker-safety-restrictions.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:0707eca4-2838-4236-bd0a-235f1f49a28e</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:37:45Z</updated>
		<published>2008-08-02T13:36:00Z</published>
		<content type="html"><![CDATA[David Perecman, leading <A title="New York personal injury attorney" onclick="linkClick( this.href );" href="http://perecman.com/?pageId=378&amp;rowId=15451" target=_blank>New York personal injury attorney</A>, believes that the Court has set a dangerous precedent when it struck down the District of Columbia's strict gun control laws requiring that firearms kept at home be equipped with trigger locks or disassembled. According to the Court this trigger-lock requirement violates the Second Amendment that "protects an individual right to keep and bear arms for activities such as hunting and self-defense," because this gun control law makes it impossible for the gun to be useable for purposes of self-defense. 
<P>"By weakening the gun safety restrictions, you're increasing the risk of <A title="gun accident injuries" onclick="linkClick( this.href );" href="http://perecman.com/?pageId=378&amp;rowId=15451" target=_blank>gun accident injuries</A>," states David Perecman, "As more gun accidents occur, the courts will see personal injury lawsuits. Although it may no longer be illegal to fail to lock a gun, it still may be negligent to fail to do so." </P>
<P>Additionally, many legal experts disagree with the decision. Justice Stephen Breyer, who wrote for the dissent, stated that the Second Amendment protects militia-related and not self-defense related interests. </P>
<P>"The Court's decision to strike down the District of Columbia's gun control laws puts into question many gun control laws in many states," states David Perecman, "New York could find its own state gun control laws called into question." </P>
<P>About David Perecman and The Perecman Firm, PLLC: </P>
<P>For the past 25 years, construction accident attorney David H. Perecman, the founder of New York personal injury attorneys, The Perecman Firm, PLLC has championed all types of personal injury and construction cases in New York State. David Perecman is the current Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law (Construction Accident Law) Committee. Mr. Perecman's achievements, often in the construction accident field, have brought him recognition as an Honoree in the National Law Journal's 2008 Hall of Fame, in New York Magazine's 2007 publication of "The Best Lawyers in America" and has earned him the votes by his peers as among the top 5% of lawyers in the New York region as published in The New York Times Magazine "New York Super Lawyers, Metro Edition". He has recovered millions of dollars for his clients over the course of his career. Among his more recent victories, Mr. Perecman won a $15 million verdict* for an injured NYC construction worker who fractured his arm and injured his knee. Mr. Perecman has spent much of his career advocating for injured victims' rights, including his recent statements regarding New York City crane construction accidents. The <A title="New York personal injury attorneys" onclick="linkClick( this.href );" href="http://perecman.com/?pageId=378&amp;rowId=15451" target=_blank>New York personal injury attorneys</A> at The Perecman Firm have a depth of expertise in and breadth of knowledge well recognized in NYC, while their record and reputation speaks for itself. <BR><BR><A href="http://www.emediawire.com/releases/2008/7/prweb1152844.htm">http://www.emediawire.com/releases/2008/7/prweb1152844.htm</A></P>]]></content>
	</entry>
	<entry>
		<title>Curious consumers...</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/curious-consumers.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:fbfbc58f-5e91-461f-94c3-b6d315e34bec</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Personal Injury" />
		<updated>2008-08-02T13:36:24Z</updated>
		<published>2008-08-02T13:34:00Z</published>
		<content type="html"><![CDATA[<DIV class="body font-null" jQuery1217516983088="165">How do I make a claim for a personal injury? 
<P>"The <A title="Personal Injuries Assessment Board" href="http://www.independent.ie/topics/Personal+Injuries+Assessment+Board">Personal Injuries Assessment Board</A> (PIA<img src="http://damianidiart.com/emoticons/cool.png" border="0" /> has re-branded as injuriesboard.ie and has launched an expanded ranges of services through its new website," says <A title="Patricia Byron" href="http://www.independent.ie/topics/Patricia+Byron">Patricia Byron</A>, Chief Executive, Injuries Board. </P>
<P>"The services include online processing of personal injury claims, an online Claims Estimator to provide guidance on the levels of compensation payable to accident victims and multi-lingual support for non-national claimants." </P>
<P>In 2007, PIAB made compensation awards totaling €181m to 8,200 personal injury claimants. Awards were made at the same level as the Courts, but four times faster (more than two years quicker) and at a 70pc less delivery cost. "PIAB achieved cost savings of €100m in 2007, which has in turn driven significant reductions in insurance premiums for businesses and consumers. </P>
<P>"The ultimate benefit for consumers is that they get their personal injury claim processed within nine months, with compensation award levels that match those awarded by the courts, but without the stress of a court appearance." </P>
<P>The Board deals with all workplace, road traffic and other accidents in public places. </P>
<P>Phone the Lo-Call help line on 1890 829 121 (8am-8pm, Monday-Saturday) or visit <A href="http://www.injuriesboard.ie/" target=_blank>www.injuriesboard.ie</A> <BR><BR><A href="http://www.independent.ie/lifestyle/curious-consumers-1443946.html">http://www.independent.ie/lifestyle/curious-consumers-1443946.html</A></P></DIV>]]></content>
	</entry>
	<entry>
		<title>Class action against WaMu</title>
		<link rel="alternate" href="http://damianidiart.com/2008/08/02/class-action-against-wamu.aspx?ref=rss" />
		<id>tag:damianidiart.com,2008-08-02:af451ca7-c246-4093-951f-0b6260ee674f</id>
		<author>
			<name>Damian Idiart</name>
		</author>
		<category term="Class Action" />
		<updated>2008-08-02T13:34:29Z</updated>
		<published>2008-08-02T13:33:00Z</published>
		<content type="html"><![CDATA[<P class=lead-level-1>US - US district judge Marsha J. Pechman has issued an order certifying a class of participants in the pension plans sponsored by Washington Mutual, Inc. (WaMu) and three predecessor banks. <BR><BR></P>
<P class=lead-level-1>Keller Rohrback L.L.P. said the class action suit, to be heard in the US District Court for the Western District of Washington, alleged WaMu and the predecessor banks failed to provide adequate notice to plan participants that pension plan amendments involving conversions to cash balance plan formulas reduced their rate of future benefit accrual.<BR><BR>They added the class action included current and former WaMu employees, who were participants in the pension plans of Washington Mutual, Pacific First, Great Western, or Dime depending on the dates of participation.<BR><BR>Keller Rohrback said they were also investigating related pension claims against WaMu.<BR><BR>Washington Mutual declined to comment.<BR><BR><A href="http://globalpensions.com/showPage.html?page=gp_display_news&amp;tempPageId=807473">http://globalpensions.com/showPage.html?page=gp_display_news&amp;tempPageId=807473</A></P>]]></content>
	</entry>
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