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

Posted by David Brown 
· August 24, 2021 

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.

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

Posted by David Brown 
· August 19, 2021 

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

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What Are the Benefits of Hiring a Personal Injury Attorney?

Posted by David Brown 
· August 17, 2021 

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.

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The Personal Injury Lawsuit: A Process not an Event

Posted by David Brown 
· August 12, 2021 

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.

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Understand the Extent of Your injuries After an Accident

Posted by David Brown 
· August 10, 2021 

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.

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Litigation Funding is Becoming More Popular

Posted by David Brown 
· August 5, 2021 

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.

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

Posted by David Brown 
· August 3, 2021 

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.

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Worker’s Protection and Raising the Statute of Limitations on Personal Injury Claims

Posted by David Brown 
· July 29, 2021 

We all understand that when we are injured in an accident, whether in an automobile or personal accident, the injury might not be readily apparent until some point after the incident. Additionally, we are also aware that the legal system has imposed statutes of limitations for the victim to file a claim in court.

Advocates are looking at these facts and exploring whether raising the statute of limitations on personal injury cases might not prove a fairer option for those suffering from delayed onset of injury symptoms. Let’s look at the advantages and disadvantages of hiking the time limits for filing a personal injury case.

Advantages and Disadvantages of Raising the Statute of Limitations

For those looking to boost the time that victims must file a legal case in the aftermath of a personal injury incident, point to the fact that many of these occur at the workplace, which poses challenges for the claimant.

Owing to the outsized influence an employer’s power can have on an employee’s economic wellbeing, many workers might shrug off the effects of an injury for fear of retribution. As such, advocates note that affording the injured more time will help them get their economic affairs, such as finding a new job, before pursuing their legal options vis-a-vie filing a personal injury lawsuit.

Obviously, continuing one’s employment while simultaneously suing the employer can be problematic. Indeed, the potential plaintiff might be subjected to intimidation tactics that might compel them to drop their case.

Moreover, as mentioned above, workplace accidents might take years to materialize into active symptoms. Expanding the timeframe in which to react to these delayed-onset symptoms with legal options allows the suffer a better chance to get the financial help they need.

As with all arguments, however, there are two sides that need to be considered, and the question of raising the statutes of limitations of personal injury cases also has its detractors. Those opposed to the proposition suggest providing more time could have big implications on the legal and business communities.

Specifically, they argue that extending the statutes of limitation might pose a risk of people faking their injuries in an illicit attempt to gain money, or that the move would place a burden on businesses owing to the company’s need to pay out large injury judgments.

In addition to the role this move would play in undermining business solvency, but they also argue that an increased caseload has the potential to gridlock the court system when it is already operating to full capacity.

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Landmark Ruling Issues by New Jersey Superior Court

Posted by David Brown 
· July 27, 2021 

Recently, the Supreme Court in the state of New Jersey entered a significant decision that could change the way the law is interpreted when it comes to disability discrimination. If employers fail to accommodate claims under New Jersey’s Law Against Discrimination (LAD), then the employer could be held responsible in a court of law. Employers are responsible for accommodating disabilities; however, this could be at odds with the current interpretation of the Americans with Disabilities Act (ADA). Therefore, this case could be far from over.

In this case, the plaintiff was a science teacher who taught at a local school. This is science teacher is a type 1 diabetic. She was looking for a change in her assigned lunch period to better accommodate her blood sugar levels. Unfortunately, the school refused to honor this request during one semester. Therefore, she was required to eat lunch at a later time. Because of this later lunch period, she suffered a hypoglycemic event. This means that her blood sugar levels dropped dangerously low, causing her to sustain a personal injury.

First, she obtained workers’ compensation benefits to help her cover some of the expenses related to her medical injury. After this, she filed a complaint with the New Jersey Superior Court. She sought damages related to her emotional distress, physical injuries, and pain and suffering. She stated that her employer did not accommodate her disability claim, which was to have her lunch slot moved to an earlier time to avoid this exact hypoglycemic event.

It is the prevailing interpretation of the law that employers are supposed to do what they can to accommodate the disabilities of their employees. At the same time, there is some debate surrounding what constitutes a “reasonable” request. In this case, the court decided that the request of the teacher was reasonable and that the school system did not accommodate her request.

On the other hand, the decision might break with the current interpretation of the Americans with Disabilities Act (ADA). Therefore, the school might decide to appeal the ruling and seek an interpretation that is more in line with this act. It will be interesting to see where the case goes from here. It could have an impact on similar cases in the future.

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Personal Injury Claims Are Dropping During the COVID-19 Pandemic: What Does This Mean?

Posted by David Brown 
· July 22, 2021 

The coronavirus pandemic has had an impact on individuals, families, and small businesses all over the world. Every industry of noticing a shift as a result of the pandemic, and this includes the legal field. Prior to the pandemic, personal injury cases were a significant part of the legal industry. Even though they are still important, personal injury cases have been dropping during the coronavirus pandemic. It is important to take a closer look at the reasons why, and understand what this means for the future.

Because of the coronavirus pandemic, people are not leaving their homes as often. They are not going to businesses, they are not driving to work, and they are not running errands around town. As a result, there are fewer situations where an accident might take place. If accidents are not taking place at a high rate, then there are not as many people getting hurt. Even though this is a good thing, it also has an impact on the frequency with which personal injury cases are filed.

So, what does this mean for the future? Unfortunately, the coronavirus pandemic is something that is still very much with us. Even though it is good news that a lot of people are getting vaccinated, it is also true that the virus is mutating quickly. Therefore, as variants continue to spread, some countries may have to lock down a second or third time. If countries have to lock down again, people may not be traveling for the foreseeable future. This could reduce the rate at which accidents take place.

Eventually, countries are going to open back up again. People may continue to work from home; however, some people are going to return to the office. Families are going to run errands around town again, athletic events are going to start, and people are going to visit businesses. Therefore, if someone gets hurt in an accident, it is important to seek medical care as quickly as possible. Then, it may be helpful to speak to a personal injury professional to assess all options available. Everyone deserves to have their rights defended by an experienced legal professional, particularly following a serious injury.

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