Author Archive for David Brown

Business Litigation: Things You Need to Know

If you are a business owner, at some point in the future you may need to lodge a lawsuit against someone. It may be a supplier for your business, a competitor, one of your employees, an independent contractor you deal with, or even a customer of your business.

It is imperative for all business owners to know and understand the basics when it comes to business litigation, even though you will hire an attorney if you are in this type of situation.

What is Business Litigation?

Business litigation normally occurs when a dispute breaks out in a business or commercial relationship. This can include your company versus another company, a group of people, or even a government entity. The issues are usually very involved ones which are why it will be important for you to have legal representation.

Keep in mind, anything filed in court, including lawsuits, falls under public records which means news sources in anyone else can look these records up which can be damaging for a company and cause public relations issues. Your company’s reputation is the most important asset you have, so you will want to avoid business litigation if at all possible. Handling a dispute effectively from the beginning of it is very important to your company’s bottom line and financial future.

While there are many different types of business litigation and different scenarios in which this type of dispute resolution is necessary, there are two types that are the most common when it comes to legal issues for companies. Business litigation can include a breach of a contract, an investigation into regulatory issues, trademark disputes, fiduciary disputes, insurance disputes, partnership disputes, and even post-closing disputes.

Be Prepared for Business Litigation

As a business owner, you may want to take on a “wait-and-see approach” when a legal dispute arises. Most people and other organizations do not want to confront litigation until they absolutely have to which means after an actual lawsuit is filed. In other words, many companies will base decisions on their fear of litigation or because they’ve been threatened with litigation.

You will want to hire legal representation immediately if a lawsuit is filed against your company or if it’s even threatened to be filed. An attorney with experience in business litigation can provide much-needed advice and support in these types of situations which will help you avoid making hasty decisions. An attorney can also help you identify areas of your business that may be vulnerable to potential business litigation and can provide you with advice and guidelines on ways you can protect your company from business litigation in the future. Basically, it’s better to be safe than sorry when it comes to business litigation.

Florida Mask Ban in Schools: Attorneys Seek To Bring it To an End

There has been a lot of controversy surrounding the decision of Florida Governor Ron DeSantis to bank mask mandates in public schools, which are largely seen as effective at reducing the risk of transmission. The Governor argues that it is a violation of the right of parents to choose, while proponents of the mask mandate argue it is necessary for ensuring the safety of other children, parents, and vulnerable populations during a time when the Delta variant continues to spread.

A recent court ruling found that the Governor’s ban on mask mandates in schools was unlawful, but school officials said they would continue to support the Governor’s mask ban despite the court ruling. Schools that enforce a mask mandate against the orders of the Governor face financial penalties from the state, with some schools districts already experiencing these financial penalties.

Those counties that have been hit by these state-levied financial penalties have said they will comply with the financial hits, but that the mask mandate is staying in place. Officials say that the health and safety of children, teachers, and those in the community are more important than the financial penalties.

Already a dozen districts have stated that they are defying the orders of the Governor. While they might face financial penalties, it is possible that these districts might start to receive financial support in the form of CARES dollars from the Federal government, which might offset some of the losses these districts are facing at the hands of state penalties.

Even though the court ruling is likely to go into effect soon, Governor Ron DeSantis has continued to dig in, defending his ban during recent press conferences. He has stated that he is appealing the ban and is confident that he will win, saying that parents should have the right to choose whether to ask their kids to wear masks. He claims that he is standing with parents, while school districts instituting mask mandates state they are placing the health, safety, kids and parents first.

The court ruling, and the enforcement of mask mandates, has the potential to set important precedents as Delta cases continue to rise and politicians look for answers.

Mayor Corley Hints at Plans for Anticipated ARPA and Opioid Settlement Funds

Tusculum Mayor Alan Corley recently shared an update regarding the American Rescue Plan Act (ARPA) and opioid settlement funds that the city is expected to receive.

Speaking to the Tusculum Board of Mayor and Commissioners, Mayor Corley commented on the expected source of the ARPA funding. Mayor Corley said Tusculum will receive the funding from the Tennessee State government instead of the federal government.

The First Tennessee Development District has already volunteered to distribute the ARPA funds when they arrive.

Although the source of the funds has been identified, the exact amount to be provided remains unclear at this point. Tusculum is eligible to receive up to $770,000, but Mayor Corley has reiterated that the official amount has yet to be determined.

Possible Plans for Tusculum’s ARPA Fans Outlined

The city of Tusculum has not finalized how it will use the incoming ARPA funds, but plans are seemingly being put in place. Mayor Corley mentioned that some plans already appear to have been green-lighted by the state.

The plans in question include reimbursing the city for payments that previously went to auxiliary police officers. The auxiliary police officers were brought in to direct traffic at the city’s vaccination site.

ARPA funds may also be used to provide bonuses to city employees who have continued to offer their services during the COVID-19 pandemic.

Tusculum is also looking into possibly using the ARPA funds to purchase a new backup generator and to upgrade Tusculum City Park Playground.

Mayor Corley is also hoping that the funds can go toward the construction of a new fire station.

Latest Details on Opioid Settlement for ‘Sullivan Baby Doe’ Lawsuit

While plans for the ARPA funds are coming into focus, there is a greater deal of uncertainty regarding the money expected to come from the “Sullivan Baby Doe” lawsuit.

Greene is one of the nine Tennessee counties included as a plaintiff in the aforementioned lawsuit. Endo Pharmaceuticals Inc. is expected to pay out up to $35 million to the nine counties as part of the settlement agreement.

Tusculum has yet to receive guidance regarding how much they will receive from the settlement. Plans for the settlement funds have also not been provided at this point, but Mayor Corley has acknowledged that there have been talks to construct a treatment facility.

Tennessee mayors serving locales included in the lawsuit are expected to meet soon to discuss how the funds will be distributed and used.

PayPal faces Class Action Lawsuit Related to SEC and CFPB Investigation Into Business Practices

PayPal has consistently been one of the largest providers of electronic transfers in the world; however, a class action lawsuit has recently been filed against the payment processing giant by Gainey McKenna & Egleston.

The lawsuit, filed in the Northern District of California on behalf of those who acquired PayPal shares on the stock market (PYPL on the NASDAQ exchange), alleges that the company made misleading or false statements when they failed to disclose several important pieces of information, including:

  • PayPal failed to disclose deficient controls and procedures
  • PayPal did not use interchange rates for debit cards that were compliant with current laws and regulations
  • The company did not disclose that a significant portion of its revenues was related to its improper conduct, making its earnings unsustainable
  • As a result of such action, PayPal would be subject to increased regulatory investigation and enforcement
  • PayPal made materially false statements as a result of these practices

When PayPal filed a quarterly report with the United States Securities and Exchange Commission (SEC) in July 2021, the company disclosed that it was facing investigations being led by the SEC and CFPB. The investigation is directly related to the use of PayPal Credit in connection with merchants that provide educational services. PayPal could be facing subpoenas related to the investigation as well.

This, understandably, has consumers worried, and the stock price of PayPal fell significantly. Investors who purchased shares during the period in question above should contact the law firm of Gainey McKenna & Egleston prior to the deadline of October 19, 2021. There is a lead plaintiff that is representing the rights of other plaintiff members during the litigation process.

The biggest issue at stake in the class action lawsuit is that many people who purchased shares of PayPal during the period in question were trading stock on the false belief that the company’s revenue was coming from legitimate business practices, which has been thrown into question. Many people may not have purchased stock in PayPal if they were aware of the unethical practices taking place. Everyone deserves to have their rights defended, which is why Gainey McKenna & Egleston have filed a lawsuit against PayPal.

Personal Injury Cases: What Damages Might Be Recovered Following an Accident?

An accident can happen at any time, and it is important to seek medical care as soon as possible. Unfortunately, the fallout from a serious accident can be significant, which is why you need to make sure your rights are adequately defended. A personal injury lawsuit can help you recover damages related to your injury if your accident is due to the fault or negligence of someone else; however, you also need to be familiar with what types of damages you might recover. What are a few examples?

Damages Recoverable in a Personal Injury Claim

Before you file an injury claim, you need to meet with an experienced personal injury attorney. That way, he or she can guide you through this process as you prepare for the case. While the breakdown of personal injury settlement numbers can be confusing, a legal professional can act as your guide. A few types of damages you may recover include:

  • Economic Damages: These are awarded based on the financial losses related to the injury. For example, you might have to pay medical bills related to ER visits, office visits, and hospital stays. This includes future medical expenses you might face related to the recovery process. If you cannot return to work, lost income due to the inability to work might be included in economic damages as well.
  • Non-Economic Damages: This category is more subjective, but includes issues such as pain and suffering or issues related to emotional distress. If your quality of life has suffered as a result of the accident, this could be included in this category as well.
  • Punitive Damages: There are also situations where the judge could award something called punitive damages. If the individual acted in an egregious or malicious manner, then the judge could impose additional financial penalties. For example, if the accident was intentional or due to gross negligence, these damages could be included.

Make sure you rely on an experienced injury lawyer to walk you through this process.

Everyone Must Have Their Right Defended

Every injury case is different, which is why it is critical to rely on an experienced personal injury lawyer for help. Everyone deserves to have their rights protected

What Are the Benefits of Hiring a Personal Injury Attorney?

Have you recently been involved in a motor vehicle accident? If so, you need to focus on your medical injuries. If you want to focus all of your attention on the recovery process, then you should hire a trained attorney to represent your best interests. What are a few benefits you will enjoy if you decide to hire a personal injury lawyer?

First, you can rely on a legal professional to talk to the insurance company for you. The insurance company can be an overwhelming entity. Because you may be in a stressful situation, you may have a difficult time looking at the situation objectively. You do not want the insurance company to take advantage of you, so you need to rely on an experienced lawyer who has experience dealing with these large companies.

Next, you should rely on a trained attorney because he or she is an expert in negotiations. You may not know what your injury is worth, but an experienced law firm will. Furthermore, an injury lawyer may be able to get you an advantageous settlement before you ever set foot in a courtroom.

And in the event that your case does go to court, you want to have a compassionate lawyer who has experience with the legal system. If you have never been to court before, it can be a difficult experience. You need to rely on a professional who understands how the legal system works. That way, you understand exactly what your options are, and you will be able to act in your best interest. If you have any questions or concerns about the legal situation, your attorney is always going to have your back.

Ultimately, these are just a few of the many benefits you will enjoy if you decide to rely on a trained legal professional. Even though there are a lot of moving parts following a motor vehicle accident, you should be able to focus all of your attention on your medical recovery instead of having to worry about these other details. If you want to do that, then you need to ask for help from a personal injury attorney who can handle the paperwork, negotiate on your behalf, and make sure that your rights are protected.

The Personal Injury Lawsuit: A Process not an Event

When contemplating filing a personal injury lawsuit, it is always best to consider that your efforts would be better thought of as a process rather than an event. Most people probably never expect that they will be involved in a personal injury lawsuit, but the sad reality is that accidents happen. When accidents do happen, however, you will have a myriad of questions regarding the process and what to expect when you have been injured in an automobile, workplace, or slip-and-fall accident. Let’s look at the process, so you will know what to expect should you, or a loved one find themselves in this unfortunate situation.

What To Expect in a Personal Injury Lawsuit Process

Accidents are sudden and sometimes violent, which can have adverse effects on your health, mental wellbeing, and finances. In the immediate aftermath of the incident, your first concern should be to get the medical attention that you may need.

Whether entering a hospital emergency room, or scheduling an appointment with your personal physician, it is important, not only for your health but also for any potential claim you may later pursue that you document the extent of your medical condition. Failure to immediately document your medical condition risks the defense argument in court that your injury can’t be that problematic since you did not receive any medical attention at the time of the injury.

Following your medical examination, your next call should be to schedule an appointment with an attorney that specializes in personal injury cases. Generally speaking, most personal injury attorneys will offer a free consultation to discuss your case, and they frequently operate on a No Win/No Fee policy. As such, your questions can be answered by a trained professional, so you can make an informed decision as to whether your case has merit.

Perhaps the most important question to ask is what the statute of limitations on personal injury claims in your state is. Most jurisdictions limit the time you must file a claim, so securing those rights is important.

Finally, understand that your case might be settled at any point in the process. Securing the services of a qualified personal injury lawyer is the first step in ensuring that you are properly compensated for any injuries that you may sustain.

Understand the Extent of Your injuries After an Accident

We know our bodies and when we are not feeling exactly up to par. Unfortunately, for a myriad of reasons, however, we do not always recognize or act on this knowledge. These facts are only exacerbated when the problem begins as the result of an injury. Shock, confusion, or a late presenting symptom might be ignored or mistakenly attributed to a reason other than your accident. This leads many to ask when the right time is to reach out to an attorney for advice based on the extent of your injuries.

Documenting the State of Your Injuries Following a Personal Injury Case

Once the vehicle accident debris has been cleared away, or your work shift accident has been addressed, it is important to seek out medical attention. Late presenting symptoms often accompany the trauma of an accident, and medical attention can help catch these problems early.

Moreover, as state jurisdictions have instituted statutes of limitation on filing claims for personal injury cases, it is important to fully document any injuries sustained early on in the process. Failure to seek medical help can also serve as a legal argument for the defense who might note that your failure to seek medical attention must mean that you are were not seriously injured.

While you might feel as though you did not get seriously hurt in your recent action, or you are afraid to see a doctor because of the possible cost, you should know that these considerations should not block your access to getting the help you need.

If you do not have health insurance, which is a real fact for many Americans, reach out to your personal injury attorney for help. Oftentimes, they will direct you to medical care based on a “letter of protection,” which means that the doctor’s fee will be paid from the proceeds of any legal judgment.

If you have been involved in a personal injury accident, one of the first steps you need to take is to seek out medical attention for your injuries. Once you are feeling better, however, look into getting qualified advice from a personal injury attorney.

Litigation Funding is Becoming More Popular

People need to defend their rights, and there is a new industry that is growing quickly. Litigation funding has become more popular among people who have filed a lawsuit. Now, people can borrow against lawsuit settlements, annuities, life insurance policies, and more. They feel like they can “get cash now,” but this is not necessarily right for everyone.

A lot of the commercials say that people can access funding with just a few short clicks or in just a few minutes. Even though this can be tempting, this is not necessarily the case. Many people exploring these options do not have any knowledge of the loan process, let alone lending related to lawsuits. People need to be careful even though it is often compared to a credit card application or a payday loan. They may not necessarily qualify, and they may not be given the best terms.

Those who are seeking litigation funding need to be aware that this is not the same as a traditional lender. A litigation funding company usually represents a group of investors. They are looking to turn a profit following the proceeds of a successful lawsuit. Even though it is the responsibility of the litigation funding company to do its due diligence, it is also the responsibility of the individual asking for the funding to speak with a trained legal professional. If the lawsuit does not get resolved in their favor, they could be in a difficult situation.

Furthermore, not every type of lawsuit is going to qualify. For example, people can get litigation funding for a personal injury case; however, it is much more difficult to secure funding for family law. Even though it is nice that not everyone is going to have to go through a credit check, it is still critical to take a look at the terms carefully. The terms are going to depend on how much money the plaintiff requires, the value of the lawsuit, and the reputation of the attorney. All of this is going to play a role in whether someone can secure funding for a potential payoff in a lawsuit.

A Lack of Safety Features in Cars Come Under Fire in Infrastructure Bill

Recently, the country received a bit of good news when Congress finally got around to passing a bipartisan infrastructure bill. This is a bill that includes a significant amount of spending for railways, bridges, roads, and other significant projects. Furthermore, the bill also includes provisions for bicyclists, pedestrians, and those who ride motorcycles. This bill will also provide funding for environmental cleanup projects, public transportation, and better internet access.

Even though there is a lot of good information in the bill, a lot of people are concerned that it emits a number of key safety requirements. For example, crash avoidance technology and cars, improved monitoring systems for distracted driving, and better safety standards for the seats used in cars have all been left out of the bill. A lot of people are also concerned about a lack of safety provisions for children, babies, and pedestrians who might be struck by cars. Many members of the public have raised concerns regarding these key omissions.

Finally, one of the biggest concerns is that used cars that have been recalled could be sold to other members of the public before the defects in the cars have been repaired. A car is recalled when there is a significant safety concern that threatens the driver, passengers, or other members of the public. A lot of people are surprised to hear that used car dealerships are not required to repair these recalled vehicles before they can sell them to somebody else.

Even though the bill does have a long way to go before it reaches final approval, it is important to highlight some issues with the bill. Even though it is good that new technology is being added, improved lighting is being included, and safer streets are being created, a large number of people are very concerned about the lack of used car safety in the bill. In addition, many people are concerned that children could be left in the car, where they might contract heatstroke and die. It will be interesting to see if these issues are addressed before the bill is finally passed. Everyone has to make sure they place safety first, particularly when it comes to recall issues with vehicles.