Law Rumors - Legal Newspaper & everything Law

October 25, 2010

Toyota Recalls over 1.5 Million Vehicles


Toyota Motor Corp. made an announcement today that they will be recalling 1.5 million vehicles worldwide for issues relating to the braking systems for their Toyota Avalon and Highlander, and Lexus GS300, IS250, and IS350 vehicles. The manufacturing error is believed to result in the slow leaking of brake fluid from the brake master cylinder which would cause poor break performance over time.

This year Toyota has made eight significant recalls for vehicles in their product line. One of Toyota’s most famous recalls involved unintended acceleration which has cost the company millions of dollars in lawsuits from filed by drivers, and most recently, auto insurers. Toyota is not alone though, in the last six months GM, Nissan, BMW, Chrysler and Ford have all had vehicles recalled which brings the total to 56 in the past six months for the entire auto industry. The myriad of vehicle recalls has not swayed public opinion, however. For the month of September, Toyota sales are reported to have increased 16.8 percent from last year in the United States.

If you are interested in learning about which vehicles have had a recall issued, visit SafeCar.gov.

OJ McDuffie’s $11 Million Medical Malpractice Settlement Gets Tossed

Filed under: Medical Malpractice


As you might have remembered from earlier this year, former NFL player OJ McDuffie was awarded $11 million dollar for poorly treated injuries he received back in 1999 during a football game. Under the advice of McDuffie’s team physician John Uribe, he continued playing in games after he injured his big toe despite the fact that an MRI clearly identified nerve damage. The continued use of his foot resulted in permanent damage that forced him into early retirement.

Based on information from NBC Sports, Uribe’s lawyer, Chuck Hartz, was not satisfied with the verdict. He is quoted as saying, "We had a jury swayed by Dan Marino and the celebrity influence of the NFL […] This was an irrational verdict.  Some juries don’t understand medicine, and this was a case complicated by the fact that jurors were starstruck."  (Then again, few lawyers who lose cases like this say, "It was all my fault.  I’m not a very good lawyer, I didn’t work very hard to prepare, and I probably came across to the jury as an asshole.").

Judge Michael Genden made the decision to toss the verdict based on the use of a medical manual in the initial trial. As a result, the judge has ordered a new trial to rectify the errors of the initial court proceedings. It is unclear if the decision will benefit or hurt multi-million dollar claim put forth by McDuffie.

For further reading on the legality of complex medical malpractice cases, see the website of this New Jersey malpractice lawyer.

September 30, 2010

FaceBook Divorce Case Makes Headlines

The divorce case involving Lynn and John France received nationwide attention in 2008 after it was reported that Facebook helped reveal an affair that Mr. France was engaged in. It took two years, but that case has finally reached its way to the courtroom.
It began when Lynn grew distrustful of her husband which caused her to perform investigative research online. Her suspicions proved true after she found on Facebook that he was actually married to another woman. This case is not unique, however. According to MSNBC, divorce caused by Facebook is a lawyers dream, as it is a major provider of “online evidence.”

The court proceedings for the France’s will take place in Tampa, Florida. John filed for divorce slightly before Lynn, who lives in Cleveland, so jurisdiction went there instead of Ohio as Lynn had hoped. Whether it is true  or not that lawyers fancy Facebook, I am sure that every Tampa Florida divorce lawyer will be watching to see what happens.

September 20, 2010

Establishing a Claim for Your Auto Accident

How are you supposed to establish a claim for your car accident if you don’t know what to do next?  My recommendation:  make sure you get in touch with an car accident attorney who has many years of experience, whether it is combined or not, and has helped other clients int he past.  There are many different things to look for, but one you would not want to handle includes:

Calling insurance companies.
  In the event of your auto accident, both your insurance company, as well as that of the other motorist (if he or she is insured), need to be notified that the accident took place.  If you hire Queens personal injury attorneys, you can be sure that you will not have to go around calling all of the insurance companies involved.  They would take care of that for you.

Pain and suffering. This is one area of injury law whose compensation can be difficult to quantify.  Aside from the damage caused by the physical injury itself, your Queens car accident attorney can make a case that the resulting pain is also reason for an increased award.  Because every injury is different, and the pain tolerance and threshold of each person is unique, there is no way to tell exactly how much you may be entitled to because of the pain you endured.

All drivers have a responsibility to maintain their vehicles, be aware of their surroundings, and drive defensively.  Unfortunately, not everyone chooses to take their driving privileges seriously, and when that happens, auto accidents in Queens become all too common.  If you require the services of a dedicated and pro-active law firm to help establish a claim for your auto accident in Queens, then make sure you do your research to see who can best assist you.  It is recommended to have someone available for you 24 hours a day, and 7 days a week, and can help you get the compensation you deserve.

September 15, 2010

Descriptive And Suggestive Marks - Trademark Attorneys

Learn more about how you can go about with trademark registration search on the internet.  Below are two types of marks that can be registered:

Descriptive marks

Descriptive marks can be registered and protected but only in certain scenarios.  A descriptive mark is merely a description of some part of the service or product that is associated with the trademark.  These marks often fit into the category of generic marks.  To gain protection of a descriptive mark, you must show that the mark has established a secondary meaning within the market.

Suggestive marks

A suggestive mark points a consumer toward some aspect of your product.  These marks are better than descriptive marks because a secondary meaning is not required.  This makes applying for and receiving trademark protection somewhat easier.

If you are looking into either of these, it would be best to contact a trademark attorney who has knowledge and experience with all types of trademarks. 

Shaq Invested in Criminal Attorneys in Los Aneles

Shaquille O’Neal has recently been coming up in the news not related to anything with his status in the NBA.  This big time celebrity has been the center of a very shocking lawsuit; Shaq has been accused of hacking a computer, destroying evidence, and attempting to frame an employee.  The alleged allegations from Shawn Darling, a former employee, include intentional infliction of emotional distress, invasion of privacy and civil R.I.C.O. (a racketeering charge).  Looks like he might want to look into criminal attorneys in Los Angeles to defend his case.

Some of the allegations according to Radar Online include:

    * Shaq hacked into the voicemails and phone systems of Darling and Vanessa Lopez, a mistress who has been recently suing Shaq. He deleted Lopez’s messages and changed her password.
    * Shaq obtained restricted information from law enforcement on the two. 
    * His personal computer holding much of this evidence was thrown in a lake behind his house.

According to Shaq, "ok but in the meantime o boy needs to be put in jail, we have way too many law enforcement connections to let a criminal try to get over on mine o mine, we don’t need any distractions as we deal with Harvard guy, shoe line guy, restaurant guy, real estate guy and everything we are planning to do after basketball life…"

September 2, 2010

Who will get Custody… of the LA Dodgers?

Right now a divorce trial happening in downtown LA that is scheduled to run until the 30th of September has the city of angels buzzing. The trial will determine not only the division of assets between Frank McCourt and his wife Jamie but will decide who has ownership of the LA Dodgers sports franchise. Bob Nightengale reporting for USA today comments:

Divorces are as common as plastic surgery in Hollywood, but the divorce trial between Frank and Jamie McCourt that begins Monday has a chance to be the most titillating drama in this citysince Lindsay Lohan’s late-night capers.This trial could determine the fate of the Los Angeles Dodgers and, ultimately, who will own the storied franchise.

McCourt contends that a 2004 marital property agreement signed by himself and his then wife granted him sole ownership of the team. Meanwhile Jamie McCourt’s attorneys are countering that their client did not have informed counsel as to community property law in California when she signed the agreement(the couple was then living in Boston, Massachusetts) and that there is more than one version of the agreement and that the versions conflict in regard to ownership of the team.

With so much to be determined and so many eyes on the LA trial it will be interesting to see what agreement will be reached by the 30th. In the coming weeks you can be sure that media experts and divorce lawyers in Boston and Los Angeles will be giving their two cents as to who should get “custody” of L.A.’s Dodgers.

August 30, 2010

Toyota Recalls Vehicle Models. Again.

Filed under: Uncategorized, Accident

Toyota is recalling two more models of its cars, the popular Corolla, and the Matrix hatchback, which were produced between 2005 and 2008.  Toyota has been in the press for the past year mostly due to its recalls of its models that would suddenly accelerate due to a design flaw in floor mats and gas pedals.  However, the Japanese automaker has maintained that the electronic control modules (ECMs), which control the engine, were not responsible for those sudden acceleration problems.

The ECM however, is being faulted for this recent recall, which pertains to an opposite problem of sudden acceleration: the cars are suddenly stalling.  According to USA Today, the National Highway Traffic Safety Administration has received 163 complaints about the stalling in the Corolla and Matrix models.  As a result of the recall, there is increased scrutiny on Toyota’s quality assurance methods:

Toyota has known about the stalling problem for years. It issued four technical service bulletins, the most recent in 2007, telling mechanics about the problem and instructing them to replace the module. But it did not deem the problem to be a safety risk needing a recall.

While sudden acceleration represents a more sensational safety risk at first impression, a defective vehicle lawyer could argue it is just as dangerous.  A car that stalls without warning can make the driver and passengers sitting ducks for collisions is a stall occurs on a crowded highway or railroad tracks.  It will be interesting to see if this recall for the stalling problems is a tip of the iceberg the way it was for the sudden acceleration problem, if this creates more evidence of a link between ECMs and sudden acceleration, or if the stalling problem leads to another Congressional hearing.

August 17, 2010

Fiancé visa for New York City immigration

Filed under: Uncategorized, Labor Law

If you are a U.S. citizen and you are engaged to a non citizen outside the U.S., you can help your betrothed acquire a fiancé visa in New York City.  

To do so, you must fill out a Petition for Alien Fiancé, form I-129F.  This three-page form allows you to petition to bring your fiancé to the U.S. for marriage to you.  The I-129F form also allows you to petition to bring your spouse and that person’s children (K-3 and K-4 visas, respectively, are required) to the United States to complete processing for permanent resident status under the LIFE Act and Amendments of 2000.

The filing fee is $455, but there is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen. 

Contact New York City work visa attorneys today if you are looking to fill out this petition. Bretz & Coven, LLP 305 Broadway,
New York, NY 10007.

 

August 16, 2010

Polk County Defends Asbestos Disposal in Landfill

Officials in Polk County, Georgia, are responding to criticisms of the Grady Road Landfill’s waste disposal procedures.  The landfill has come under scrutiny for receiving a significant amount of asbestos from a recent demolition project.  Asbestos is the leading cause of mesothelioma, an aggressive form of lung cancer, and there are concerns about how secure the recepticles in which asbestos is being disposed.

Polk county officials reiterated, however that asbestos is not hazardous waste, as defined by the Georgia Environmental Protection Division.  However, David W. Pepper, manager of the landfill operated by Waste Industries, stated that the landfill follows all state rules pertaining to asbestos disposal. 

The article does not really go into detail about the complaints and protests regarding the asbestos disposal at Grady Road.  The point of view is exclusively that of the county politicians and Waste Industries.  At stake is the health and well being of the demolition workers who may have been exposed to asbestos fibers, the Waste Industry workers who may have been exposed if the disposal did not adhere to state regulations, and citizens of Polk County if asbestos leaks into groundwater.  A Georgia mesothelioma lawyer might be interested to audit the landfill and determine if Polk County executives can have their word taken at face value.

Get free blog up and running in minutes with Blogsome
Theme designed by Jay of onefinejay.com