Archive for General Legal

14 May 2013
General Legal

New Legislation to Compensate Wrongfully Convicted Prisoners

thumb printThe State of Colorado is considering passing a bill through their legislature to compensate wrongly imprisoned individuals. According to a recent news story about the proposal, the idea for the legislation was inspired by a man wrongly convicted who was sentenced to life in prison but was released after 18 years because DNA exonerated him.

The proposed legislation would include compensation of $70,000 for each year in prison, an additional $50,000 for each year on death row, and $25,000 for each year on parole. If the legislation is passed, it would also include free health care, education, counseling, and job training.

Written by Lulaine Compere

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17 Apr 2013
General Legal

When Civil Courts Close

statue-of-justiceMark Shapiro, host of Blog Talk Radio’s Judgment Buy, posted a new blog post titled When Civil Courts Close. In the post he highlights the problem of some courts in California cutting costs so much that it has deeply affected how they operate. He mentions in the article that San Joaquin County is planning on closing their small claims court.

If this trend continues, that could mean huge problems for people seeking compensation and justice for wrongs done to them. There have been numerous stories about people’s access to justice being very limited. Whenever people mention civil court they think of court television shows like Judge Judy or they mention the potential for frivolous lawsuits or litigation financing. Stories like this just highlight the fact that people’s fears are being realized.

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22 Mar 2013
General Legal

Critics Question WTC Captive Insurance Company Spending

statue of libertyThe New York Post reported a story about the WTC Captive Insurance Company, a nonprofit that was given $1 billion from Congress to cover Ground Zero cleanup related claims. According to the article, the organization has over $356 million in the bank as of December 31st, 2012. Critics point to extravagant spending, including expensive dinners and excessive salaries. Read the entire article at nypost.com.

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24 Jan 2013
General Legal

Reverse Contingency Fees and How They May Affect the Relationship between Clients, Plaintiff’s Attorneys, and Defense Attorneys

reverse contingency feeMany civil litigation attorneys have contingency fee agreements setup with their clients, mainly because their clients cannot afford the hourly rate they would otherwise charge. A contingency fee agreement is a great way for both the client and the attorney to get what they want. With such an agreement, the plaintiff’s attorney receives a percentage of the client’s award.

There are however some situations where new arrangements are being made. The reverse contingency fee could be a trend that catches on, especially on the defense side of the ledger. It basically involves an attorney getting paid a percentage of the money they save the client through negotiating a settlement. So if a company is being sued for one million dollars and the defense attorney negotiates a settlement of $400,000, the defense attorney would receive a percentage of the $600,000 he saved the client.

According to some articles about the subject, there are those who believe that the reverse contingency fee aligns the client and attorney more closely, which would limit conflicts of interest. The reverse contingency fee arrangement is fairly new, but the idea has been around since at least 1993. In that year, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility released their formal opinion on the practice.

There are some issues with the reverse fee arrangement that would require flexibility on behalf of both the attorney and client. There are issues with disclosure, along with possible tiered outcomes which would increase or decrease the fee. This is an issue to which civil litigation attorneys should pay especially close attention. Many times during trial, the motives of plaintiff’s attorneys are questioned because of the fee they will earn. Questions of conflicts of interest are mentioned as well, but if reverse contingency fees become popular on the defense side, that may lead to accusations and questions about their motives.

Written by Lulaine Compere.

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15 Jan 2013
General Legal

Lance Armstrong and the Importance of Whistleblowers

bicycleIt has been reported in many news outlets that Lance Armstrong will admit he used performance enhancing drugs while competing in cycling events like the Tour De France. His confession is scheduled to appear on Oprah’s television channel, OWN TV, and will air over two nights (Thursday, January 17th and Friday, January 18th at 9 p.m. EST/PST). Also, according to news outlets like The New York Times and ESPN, he may testify against several officials from the International Cycling Union.

This confession comes after the United States Anti-Doping Agency released a report accusing him of running an empire that included himself and other athletes cheating to win, intimidating people, and other actions allowing the conspiracy to continue while maintaining his image as a hero. Lance Armstrong’s image, partly shaped by his survival of cancer, was enhanced when he won several Tour De France titles. According to public perception at the time, he was arguably the greatest cyclist ever.

Armstrong received several endorsement deals, and organizations connected to him enjoyed greater clout because of his presence. That reputation took a hit when several riders came out with doping accusations. Then it snowballed with the Tour De France stripping his titles, followed by the damaging report from the USADA.

In terms of the legal aspect of the situation, Armstrong may testify against the cycling officials as a whistleblower. Whistleblowers usually find themselves in a precarious situation. They are usually ostracized and pushed aside as outcasts. Many whistleblowers do not have the name recognition Armstrong has or even the clout. They are regular people living their lives who happen to see something wrong and make sure it sees the light of day. Their courageous actions are met with disdain and sometimes threats of violence. Armstrong has suffered a tremendous blow in terms of clout, reputation, and respect. It is unknown how being a whistleblower, if the reporting is true, will impact that, but it should be noted the importance whistleblowers have in society and how important they are to justice being carried out.

Written by Lulaine Compere.

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19 Dec 2012
General Legal

3 Types of Cancers Increased Among First Responders

american_flag_circularThe New York Daily News reported a study that discovered three types of cancers increasing among the 9/11 first responders, although there has been no increase in the rate of cancer among them. According to the story, prostate cancer, thyroid cancer, and multiple myeloma were the cancers that increased.

The study comes after 50 different types of cancers were covered by the Zadroga Act. John Feal, an advocate for the first responder community and Founder of the FealGood Foundation, said the following to the NY Daily News: “the study only goes up through 2008-and many more responders have developed cancer since then.”

It has also been reported that the Zadroga bill, passed by Congress in 2010, has not paid any of the first responders. This of course has angered the community and outraged their advocates.

Written by Lulaine Compere

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12 Oct 2012
General Legal

Meningitis Outbreak Responsible for at Least 5 Deaths

meningitis outbreakCBS News reported a story about the Meningitis outbreak that has been spreading across the country. According to different news reports, at least five people have died with over 30 people sick because of contaminated steroid shots for back pain.

The steroid shots were reportedly mixed in compounding laboratories that supply doctors, hospitals, and clinics. They have the possibility of becoming contaminated if the compounding process isn’t completely sterile. In addition, their products do not require approval from the Food and Drug Administration.

If the causes of the meningitis outbreak are true, then there could be huge liability issues for all the clinics, doctors, and hospitals that might have used the shots.

Written by Lulaine Compere

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28 Sep 2012
General Legal

Consumer Credit Score Inaccuracies

consumer credit scoreAccording to news reports, the credit scores Americans obtain from credit agencies is inaccurate. If that proves to be the case, it is going to cause some outrage and a possible ripple effect for the finance sector.

According to a report from the Consumer Financial Protection Bureau, approximately 1 in 5 consumers who purchase their credit score is likely to receive a significantly different number than what a lender would receive.

Americans have come to trust the reports of credit agencies as gospel, and to find out they have been wrong about the scores could lead to a possible lawsuit against the agencies. Credit agencies, while mostly trusted, are also loathed. This report may be the trigger that will give people the push they need to sue.

Written by Lulaine Compere.

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28 Sep 2012
General Legal

Trader Joe’s Salmonella Outbreak

Salmonella Outbreak Caused By Peanut Butter According to news reports, a Salmonella outbreak has impacted thirty people in 19 states. The alleged source of the outbreak is peanut butter spread sold by Trader Joe’s. As of Saturday, Trader Joe’s has recalled several brands of peanut butter, including Creamy Salted Valencia Peanut Butter, Almond Butter with Roasted Flaxseeds, and Valencia Peanut Butter with Roasted Flaxseeds due to potential Salmonella contamination.

The people who are sick have the right to pursue lawsuits. That’s not including the people who have already bought the products and maybe using them. This has the makings to be a huge class action lawsuit.

Written by Lulaine Compere.

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21 Sep 2012
General Legal

Narrowing the Wage Gap between Men and Women

The wage gap between men and women is the reason for numerous lawsuits, and it seems like many states are looking to be rid of the problem. According to news reports, the Restore Act, which passed in June, may funnel a lot of money into the Gulf region. But the issue of pay is being disputed.

In Louisiana, lawmakers are introducing legislation that will mandate equal pay for both sexes. Sexual discrimination and employment discrimination are some of the biggest reasons lawsuits are filed, and the issue of pay disparity exacerbates that problem. People who find themselves in this position should pursue legal action, and litigation funding can help in their time of need.

Written by Lulaine Compere.

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