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Archive for News – Page 49

New Advancements in Monsanto’s Roundup Case

Posted by David Brown 
· September 24, 2020 

Recently, attorneys for Bayer AG — the owner of Monsanto — and plaintiffs informed a judge about progress in the class-action lawsuit brought by claimants who claimed Monsanto’s Roundup caused them to develop cancer. Lawyer for Bayer told U.S. District Judge Vince Chhabria the organization was either close to or had already reached deals to resolve over 3,000 lawsuits bundled together in multidistrict litigation (MDL) in the U.S. District Court for Northern District of California.

While the company previously settled thousands of cases outside of MDL, conflict and controversy has plagued and negatively impacted the settlement offers. Fortunately, there was no mention of these previous cases in the latest hearing on Thursday, September 24th. According to Bayer Lawyer William Hoffman, there are an estimated 1,750 cases that are subject to different agreements while another 1,900 cases are in different stages of negotiation. However, Hoffman explains that he and his team continually works to move these discussions forward closer to agreements.

Moving the Cases in the Right Direction

The overall positive and cooperative tone demonstrated in Thursday’s hearings was a welcomed difference from the previous hearing. During this hearing, Aimee Wagstttaff, attorney for the plaintiffs, informed judge Chhabria that Bayer was failing to honor the tentative settlement agreements created in March. These agreements were expected to enter the finalization stage in July.

Back in June, Bayer announced they reached a $10 billion settlement for over 100,000 cancer claims regarding Roundup. The only major law firms leading the litigation who had signed final agreements were Weitz & Luxembourg and The Miller Firm. The deal struck with The Miller Firm alone was designed to cover over 5,000 Roundup and totaled $849 million. However, the Kentucky law firm of Moor Law Group, the Colorado Andrus Wagstaff firm, and the California-based Baum Hedlund Aristei & Goldman law firms all had tentative deals — not final agreements.

Based on a letter filed with the court by Wagstaff, Bayer requested several extensions until the deal made with the firm fell apart mid August. Once the issues were reported to Judge Chhabria, the talks resumed and were favorably resolved with the three firms.

Learn more about the manner in which settlements will be administered.

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Premises Liability: The Law, the Application, and the Limitations

Posted by David Brown 
· September 22, 2020 

Premises liability is a legal principle applied in claims and lawsuits, most commonly involving personal injury and accidents. The heart of premises liability is rooted in the basic constructs of legal responsibilities and accountability – in other words, the law.

Premises Liability and the Law

According to the word of the law, premises liability holds property owners (including tenants who assume ownership as property residents) responsible for accidents, injuries, or damages that occur on their property, and this principle applies to every state in the country. The law clarifies that said ownership must make reasonable efforts to maintain the property and provide a safe environment for any visitors.

The Application of Premises Liability in Lawsuits and Claims

Those aforementioned visitors are typically classified legally as either an invitee or a licensee. People welcomed onto a property for reasons such as shopping or dining are considered invitees, while a licensee is commonly used to define someone such as a contractor or service person, wherein that same welcome and invitation are assumed and applied.

For people deemed as an invitee or licensee, the application and onus of the premises liability principle fall squarely on the shoulder of the property owner. There are limitations and reasonable guidelines, however, that prevent and work to stem anyone seeking to abuse these laws for personal advantage and gain.

The Limitations of Premises Liability

Many events can occur that have the potential to fall under the blanket of premises liability. Those events can range from animal attacks to falling accidents and security issues to swimming pool injuries, among many others.

The greatest limitation of the premises liability principle in these situations is in the case of trespass, although it is often required for owners to notify people of non-obvious dangers, including trespassers. The other great limitation to the application of premises liability is children. In cases involving minors, a higher duty of care is owed, thus inviting a new legal arena of responsibility.

Premises Liability is Good for Everyone

Premises liability, it is a legal principle designed to protect homeowners, tenants, and business owners from scam artists and cons. It is a tenet created to keep shoppers, patrons, and visitors safe, and it is a legal concept meant to keep all of us accountable, and that’s good for everyone.

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Understand Your Rights: The Coronavirus Pandemic

Posted by David Brown 
· September 15, 2020 

The coronavirus pandemic has had an adverse impact on everyone. This pandemic has created a medical crisis the likes of which have not been seen for more than 100 years. As a result, numerous jurisdictions were forced to shelter in place, forcing many businesses to close their doors. Some small businesses are closed never again to reopen. Many people have been laid off and are still looking for work. After the quarantine has ended, there are lots of people who are looking to resume their lives. At the same time, it is important for everyone to make sure they do so safely. Therefore, everyone should make sure they understand their rights as they return to work.

Many people have been placed under a tremendous amount of financial pressure. At the same time, health and safety still have to come first. Therefore, it is the responsibility of every employer to focus on worker safety. Employers need to create safe conditions by which employees must abide in order to keep everyone safe.

Second, it is important for everyone to make sure they follow the latest guidelines that have been issued by health experts. This means wearing a mask when someone is going to be within six feet of another person. This also means abiding by social distancing wherever possible. Furthermore, it is also critical for everyone to make sure they sanitize their hands on a regular basis. It is the responsibility of both employers and employees to make sure that anyone who is showing symptoms of coronavirus remains at home.

Finally, everyone has to make sure they have an action plan when it comes to a positive test. If there is a positive test, measures have to be put in place to monitor that individual quickly. In addition, anyone who has come into close contact with that individual should make sure that they quarantine as well. Employers need to be ready for what happens in case someone they know has a positive test.

People have to make sure that their rights are protected as they return to work. In this situation, it is a good idea to speak with a trained legal professional. Everyone has to place health and safety first.

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Understanding Post Traumatic Stress Disorder (PTSD) Following a Car Accident: Its Impact on Car Accident Claims

Posted by David Brown 
· September 10, 2020 

If someone is involved in a car accident, this can lead to serious complications. Even relatively minor car accident can still lead to serious injuries. What people think about injuries and complications following a car accident, they often think about bone fractures, head injuries, spinal cord injuries, and brain damage. On the other hand, there are also serious mental health issues and emotional problems that can arise as well. What are the most common problems that people might encounter is post-traumatic stress disorder, usually shortened to PTSD.

One of the most common causes of post-traumatic stress disorder is car accidents. Some of the factors that might influence the development of PTSD in a car accident at the severity of the injuries to other people, whether or not someone died, how long it takes to recover from certain injuries, and whether someone has a pre-existing history of mental health disorders.

For individuals who have developed PTSD, this can have a serious impact on their overall quality of life. For example, someone who suffers from PTSD might be unable to return to work immediately, which might have an impact on his or her ability to earn an income. There are also situations where someone who suffers from PTSD might have to seek the assistance of a trained healthcare professional. Clearly, PTSD can have tremendous Financial impacts on someone’s overall quality of life following a car accident as well.

Therefore, it is possible that PTSD might play a role in someone’s ability to seek damages following a car accident. If someone believes that they have developed PTSD following a car accident, it is important to seek the help of a trained medical professional as quickly as possible. Medical records can help support someone’s diagnosis of PTSD in the event they decide to seek damages.

Then, it is critical to enlist the help of a trained legal professional. There are a lot of nuances that go along with filing a personal injury lawsuit filing a car accident. With a legal professional to act as a guide, everyone can make sure that their rights are defended and that they recover damages that are commensurate with the injuries they have suffered.

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Indiana Woman Sues Over Recalled Hand Sanitizer

Posted by David Brown 
· September 8, 2020 

A woman from northern Indiana recently filed a lawsuit against the company that distributes hand sanitizer. The claims are over methanol, a toxic agent. The woman claimed that her children were suffering from severe side effects due to the hand sanitizer. The lawsuit is seeking penalties against 4e Brands North America, a Texas-based distributor of Blumen brand hand sanitizer. The FDA previously found that their products contained methanol, otherwise called wood alcohol, which is known to be a deadly toxin. The company voluntarily recalled their products back in July to avoid a lawsuit.

The woman claimed that her children were suffering from severe side effects including vomiting and headaches. The company is accused of violating the Deceptive Consumer Sales Act and Indiana’s Product Liability Act. The suit is requesting a class action status for the woman’s damages. The plaintiff believed that the hand sanitizer was safe when she bought them, it wasn’t until later that personal injury was experienced due to the use. This constitutes as deceptive acts as far as the plaintiff is concerned. The plaintiff is going to put together their argument in accordance with the idea that the hand sanitizer company willingly deceived her in this instance.

The Indiana Department of Health officials said that the number of deaths and positive tests of COVID-19 are on the rise. The plaintiff was using hand sanitizer as a way of combating the virus and keeping her family safe. There’s no statement from Blumen or 4e Brands North America that reflects whether the product was there intentionally or accidentally. At any rate, the side effects were measured and appropriate for a case such as this. It’s a matter of hearing how the defense will prepare their argument and whether or not other people were injured due to the same problem. As time goes on, more people might come forward and reveal that they have the same issue. The plaintiff hopes that her initial suit will bring enough popularity to the case for other people across the state and country to see. She believes that this was not an accident and that the recall was never done by the company.

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Liability Waiver: Can You Still File a Lawsuit After Signing One?

Posted by David Brown 
· August 25, 2020 

If you have ever participated in an event or activity that posed some sort of risk to your health or safety, you may have had to sign a liability waiver before participating. Some of the most common examples include skiing, jet skiing, jumping in a trampoline park, or even attending an amusement park. Essentially, this liability waiver has been put in place to prevent you from filing a lawsuit in the event that you get hurt or even killed while engaging in this activity. Even though it is possible for a liability waiver to help a business avoid certain lawsuits, there are some situations where you still might be able to file a lawsuit even if you sign a liability waiver and were later involved in an accident.

For example, despite a liability waiver, you may still be able to file a lawsuit against a business if the liability waiver violates public policy. Depending on where you are located, there may be specific laws that prevent the liability waiver from being enforceable. In this case, it is critical to meet with a legal professional who understands the local policies of the state. It is possible the liability waiver may be unenforceable in your specific situation.

In other situations, the business entity might have engaged in something called gross negligence. This takes place where there is an extreme indifference or reckless disregard for the safety, health, and well-being of the people participating in that activity. Of course, gross negligence has to be proven in a court of law. This is another situation where a legal professional can be helpful. If gross negligence took place, then he might be able to file a lawsuit despite a liability waiver.

Finally, there may be situations where the wording in the waiver clause ambiguous. In order for a liability waiver to be enforceable, it has to be clear what rights you are waving when you sign the document. If the language is ambiguous, unclear, or vague, then you might be able to file a lawsuit claiming that you were unable to fully understand what you were signing at the time. Regardless of the situation, it is critical for you to rely on the help of a trained legal professional to defend your rights.

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Medical Malpractice and Wrongful Death: Do They Mean the Same Thing?

Posted by David Brown 
· August 20, 2020 

One of the most common questions people have when they speak with a law firm is about the difference between medical malpractice and wrongful death. There are some people who believe these two terms cover the same thing. Even though it is true that these terms do have some overlap, there are a few differences that people need to know as well.

First, it is important to cover medical malpractice. This takes place when a healthcare provider, such as a doctor or a nurse, is negligent. This negligence has to lead to harm to the patient. When discussing medical malpractice, many people refer to the “Ds.” The provider has to have deviated from his or her duty to the patient. Then, this deviation has to result in damage. There are numerous types of medical malpractice. Some of the most common examples include:

  • Surgical mistakes
  • Overlooking a diagnosis of some type
  • Abuse that takes place in a nursing home
  • Mistakes involving medications
  • Birth injuries

Even though medical malpractice can result in the death of the patient in rare circumstances, not all types of medical malpractice lead to a patient’s death.

Of course, given the name, wrongful death has to result in the debt of someone. Therefore, it is possible that medical malpractice may lead to a wrongful death. On the other hand, not all forms of wrongful that involve medical malpractice. In addition to medical malpractice, there are numerous other situations where wrongful death might result. For example, some of the other examples include:

  • Negligence leading to a motor vehicle accident that results in the death of someone
  • Defective medical devices that might result in someone’s death
  • Consuming recalled food at a restaurant or a grocery store that results in the death of someone

Therefore, even though it is possible that wrongful death and medical malpractice can cover the same event, this is not always the case. There are a lot of nuances that accompany medical malpractice cases as well as wrongful death cases. Therefore, it is important for anyone with questions or concerns to rely on the help of a trained legal professional who has experience in both of these areas. Everyone deserves to have their rights defended.

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8 Ways to Avoid Serious Car Accident Injuries

Posted by David Brown 
· August 18, 2020 

Practicing defensive driving is the best way to avoid car accident injuries. Examples of defensive driving include eliminating distractions, staying focused on traffic conditions, using turn signals and driving within the speed limit. Additionally, make sure there is enough distance between your car and the car in front of you in case you have to react swiftly to an unexpected situation.

In addition to defensive driving, here are eight great ways to reduce your risk of suffering a car accident and possible serious injury:

1. Sit up straight while driving so that you can see clearly beyond the hood of your car and to the periphery of your vision field

2. Regularly have your car inspected and maintained to prevent accidents caused by bad brakes, low oil or transmission fluid levels (gear slipping, overheating engine) or bald tires.

3. Position driver and passenger seat to be as far from the air bag as possible. Sitting too close to a triggered airbag may cause skin burns or even fractures when the bag powerfully squeezes your body against the seat

4. Wear a seatbelt at all times. The U.S. Centers for Disease Control reports that nearly half of all car accident fatalities involved people who were not wearing a seatbelt

5. Proper steering wheel positioning improves your ability to handle your car in all traffic and weather conditions. Point the steering wheel more towards your chest rather than your face. Hands should be placed on the steering wheel in a “10:00 and 2:00” position.

6. Drive the speed limit. Speeding increases the risk of having an accident by nearly 30 percent. Going just five miles faster than the speed limit reduces your ability to control your vehicle, worsens the potential for serious injury and endangers the lives of other drivers and pedestrians

7. Keep your eyes on the road. Distracted driving is the leading cause worldwide of car accidents. Never eat, text, adjust radio/CD players or do anything else that takes your attention off the road

8. Don’t continue driving a car that is in mechanical distress. If your car is smoking, making loud noises or it feels like your steering wheel isn’t responding correctly, pull over and call for help

Unfortunately, taking steps to improve your own safety while driving can’t prevent other drivers from behaving recklessly. If you have been injured in a car accident through no fault of your own, contact our personal injury attorneys today.

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What do People Think About Lawsuits?

Posted by David Brown 
· August 11, 2020 

Everyone knows that lawsuits help retain the law and order in this country. It keeps people honest and allows everyone to have a fair relationship. We were curious about how people view lawsuits, so we took a look at a study. This study asked a thousand men and women across the country what they really think about lawsuits. The study did a good job of asking people from different backgrounds. The result is a study that pretty closely emulates the American peoples’ voices. The results are pretty interesting, and they’re worth sharing.

The major takeaway is that a majority of people would think about suing as long as it’s under the right conditions. In fact, over 95% of people said they would sue. Their reasoning behind it would range from them feeling wronged to there being a serious disturbance to their life. That’s nearly the entire country that’s in favor of suing. That leaves not even 5% of the total population in the belief that they would never sue anyone.

Interestingly, in the same study, nearly half of them would only refuse to sue if the person they had to sue was a loved one. They said they would never sue a loved one under any condition. The remaining half that said they would sue a loved one said that it would depend on how bad the injuries were and whether or not their loved one could pay for the victim’s medical bills through insurance. This is an important caveat to remember. Even though they would sue their loved one, it would only be in serious and absolutely necessary instances

Almost 1 in 5 people said that they would take part in dishonest behavior to win an accident settlement of $100,000. They answered that they might get into an accident on purpose or exaggerate how hurt they actually are. This raises some interesting questions about what a court can do to try to find this 20% of people walking around. Of course, these results are just on paper so it’s hard to say if someone actually would commit fraud like this.

Lawsuits have an impact on lives and what people think across the country think about them is interesting and worth talking about.

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Your Personal Injury Claim Can Be Saved with a Seatbelt

Posted by David Brown 
· August 6, 2020 

People don’t realize that seatbelts date way back to the 50s. It wasn’t until ’68 that it was legally required for seatbelts to be a part of new cars. Even then, it took a few more decades for them to really catch on and for laws to require you to wear a seatbelt while driving. Today, people decide to ditch the seatbelt so they can be more comfortable when they drive. Of course, these same people will feel very uncomfortable when it comes time to file a personal injury claim.

When someone gets hurt in a wreck, they can then file a personal injury lawsuit against the responsible driver. That is, unless the victim wasn’t wearing a seatbelt. Failure to wear a seatbelt dramatically affects whether or not a victim will get paid from filing a claim. A victim in this situation will actually share the fault of the accident according to the court. Using a “contributory negligence” counter-claim, the court will rule that the victim can’t get any money from another party since they are partially responsible. There are other negligence counter-claims that can be defended if this option doesn’t work. The moral of the story is that people who fail to buckle up before an accident will either have a drastically reduced payout, or they won’t get paid at all.

On top of that, the court also goes through a process where the plaintiff has to explain how they mitigated their damages. In a case where the plaintiff was in an accident, the court will ask them what steps they took to avoid the accident. Swerving, applying the brakes, and honking are examples of how someone could mitigate their damage. Most states determine that the failure to wear a seatbelt goes against this idea, and it fails to mitigate the damage of an accident. This is just another way that the failure to wear a seatbelt hurts someone in court.

Now, the previous examples are only the case if the damages were due to not wearing a seatbelt. If the plaintiff was injured in a car accident and it had nothing to do with whether or not they were wearing a seatbelt, these ideas don’t come into play.

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