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Personal Injury Lawyer Gets Indicted for Staging a Crash

Posted by David Brown 
· November 3, 2020 

Recently, federal prosecutors indicted a personal injury lawyer for a huge conspiracy involving staged crashes. The lawyer reported collected nearly $358,000 dollars from 31 different lawsuits. The problem is that these lawsuits were the outcome of staged accidents. The clients in these accidents received around $1.5 million. The lawyer’s name is Danny Patrick Keating, and he is indicted with one charge of conspiracy to commit mail and wire fraud. If Keating is convicted, he’ll be facing up to a $250,000 fine and five years in prison. After that, he’ll have up to three years of probation under supervision. A third party was paid to refer crashes to Keating, his name is Damian Labeaud. They would get paid $500 if there was not a tractor-trailer involved, and a thousand dollars if there was.

Keating apparently fronted the money to Labeaud and told him that he had to refer a certain amount of accidents to make up for the fronted cash. The cash in question added up to thousands of dollars. Allegedly, the two had numerous conversations about how to stage the crashes. In fact, it was found that they were using coded language to talk about crashes before they even happened. The official statement from prosecutors claim that the lawsuits “fraudulently alleged who was driving the vehicles, misrepresented who was at fault in the staged accidents, and falsely claimed injuries.”

On top of that, it’s alleged that many of Keating’s clients lied about the events during their respective accidents. The belief is that Keating coached them on what to say and how to deliver their testimony to make sure they would get a payout. This elaborate fraud scheme is said to involve upwards of 77 people. Some of those people were paid money via USPS to addresses outside of Louisiana (where Keating is based and operates). Labeaud pleaded guilty to one count of conspiracy back in August, and he admitted to being one of the ringleaders in the events. He would stage and set up the crashes before reporting them to Keating.

As the story develops new people are being revealed, but there’s a lot of evidence to suggest that Keating is going to be fighting an uphill battle during this lawsuit.

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Florida Lawyers Obtain a $411 Million Jury Verdict on Zoom

Posted by David Brown 
· October 27, 2020 

A “miraculous” discovery in online litigation — in a case conducted entirely over Zoom, jurors don’t have to lose their connection.

What started as a personal injury lawsuit with a potential $1 million settlement ended in a historic trial conducted entirely online, with a $411 million jury verdict.

The trial — a former U.S. army sergeant sued against trucking company Top Auto Express Inc. after becoming partially paralyzed — was the first virtual jury trial in northern Florida’s Second Circuit Court, and it appears to be the largest Zoom verdict so far.

The 2018 accident occurred when two 18-wheeler trucks lost control during bad weather on Interstate 10, resulting in a 45-car pileup.

The attorneys on the case commented that the case set a good precedent, particularly in being an example that people can still have access to justice despite the raging COVID-19 pandemic and the restrictions it ushered in in all corners of everyday life. This discovery that jurors don’t lose connection to a case during online litigation is, one attorney said, “miraculous”.

One main concern with online litigation was that not enough jurors would tune in, but of the 60 people who received summons, nearly 40 entered the online courtroom (ultimately six were chosen, with on additional alternate).

The pandemic pushed jurors to learn new skills, including ensuring accessiblity when it came to technological issues like establishing hotspot connections. Even the jurors who did not understand technology put in the time and energy to learn, proving that the pandemic, not matter how long it lasts, won’t get in the way of the wheels of justice.

Another hurdle in online trials is timing. This particular case would normally have been a five day trial, but the online format forced it into just five hours. It’s a new phenomenon, but it’s understood that it would be impractical for online trials to last more than a day.

Ultimately, though, the biggest worry was whether the attorneys would be able to connect with people the same on a screen as they normally would in a courtroom. And the answer was yes — not even the smallest bit of human emotion was lost online.

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What You Need to Know About Settling a Car Accident in Washington

Posted by David Brown 
· October 22, 2020 

After getting into a car accident, you probably have a few questions about what the next steps are and how you can get your car fixed or replaced. In a serious collision, you might even have medical bills and other costs that need to be taken care of. Thankfully, we’ve put together a brief guide to help you out. Here are a few key things you need to know about settling a car accident in Washington.

Reporting and Coverage Laws

Before you can think about timelines, it is important to understand the reporting and auto insurance coverage laws in the State of Washington. The minimum legal coverage for all vehicles is $25,000 for bodily injury or death to a single person; $50,000 for bodily injury or death to more than one person; and $10,000 property damage. Not having this minimum level of coverage is considered illegal, so there is a good chance the person who caused your incident likely has at least this level of coverage.

Furthermore, accidents that result in damage to property over $1,000 or the death or injury of another person must be reported to law enforcement within four days. This means that if you are in an accident and feel fine but still go to the doctor two days later, you’ll need to report the accident to your local law enforcement agency.

Submitting an Accident Claim in Washington

The process of submitting an accident claim starts by contacting the other person’s insurance company. From there, they will take down details such as the make and model of all cars involved, where the damage is, and if you are injured. They’ll also ask for facts of the accident to make their own determination of who is considered at-fault for the incident. Once they’ve made a decision, they’ll contact you to either pay for your repairs and medical bills or explain why they are denying the claim. If there are issues with settlement or the other person’s insurance denies your claim, you can file a lawsuit. However, you only have three years from the date of the incident to do so.

Being involved in an auto accident is a scary situation. Contacting an attorney to help you get through the process is important. Please contact us today for details.

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University of Washington’s COVID-19 Lawsuit Gains More Attention

Posted by David Brown 
· October 20, 2020 

The impact of the COVID-19 pandemic and the resulting closures of schools and drastic changes to the way education in this country is approached cannot be denied. Many students are suffering financially because of it and are starting to push back against the colleges and campuses who they feel are cheating them out of their tuition money. Recently, a University of Washington graduate student filed a class-action lawsuit, accusing the school of a breach of contract because of how it handled the COVID-19 closures and what it refused to do for students, and how it continued to charge students normal tuition rates for an educational experience that are sub-par.

The lawsuit alleges that even though the campus voted fairy early on to send students home and began transitioning to online instruction, the University of Washington continued to charge students as they would normally. There was no discount or reimbursements offered for tuition, and/or fees associated with normal academics and amenities associated with being a student. The board continues to get the financial benefit of millions of dollars from students who were still paying normal tuition and campus fees without promised amenities and services; the lawsuit argues that these actions would be seen as cases of attempted fraud.

Thousands of students enrolled and paid for an on-campus experience yet they got something far less impactful and beneficial. There were no in class services, tutors, amenities, events, and options that the students argue they paid and were still paying the school for in an unjust oversight. The primary focus of the lawsuit is on how the university and board of directors failed to do due diligence and to operate in good faith by doing things that they should have been doing as soon as the campus began shutting down due to the pandemic.

The cases are being heard and while evidence is still being gathered and both sides are arguing their cases, many eyes are glued to these proceedings as it could set a precedent for how colleges and universities across the country may have to respond to criticism of their handling of the pandemic.

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An Overview of Worker’s Compensation Claims: Understanding What They Are and Why They are Denied

If you get hurt at work, then he might be concerned about how much time you’re going to miss. If you miss too much time from work, then your income might start to dry up. When this is compared to the medical bills that are continuing to mount, it is easy to see how does might be a source of stress. The good news is that workers’ compensation is available. Workers’ compensation is designed to help you cover the cost of your medical bills and make up for lost income as you recover. At the same time, what happens at your claim is denied? What should you do?

First, it is important to understand why your worker’s compensation claim might have been denied. One of the most common reasons why your claim might get denied is that the medical records do not support your injury. Make sure that you are able to collect medical records that support your claim. Second, your claim might also be denied because your employer will claim that your injury occurred outside the scope of your employment. This is where it is critical for you to take a look at your employment contract and make sure that your injury occurred within the scope of employment. Finally, your claim might also be denied because you missed a deadline. Do not let this happen to you. This is where working with a trained legal professional is critical.

Workers’ compensation claims are difficult to navigate and there are a lot of nuances involved in making a successful claim. By working with a lawyer who understands how workers’ compensation works, you place your claim in the best position possible to be successful.

In the end, if you file a worker’s compensation claim and it is denied, do not despair. There are still options available. Remember that there are trained legal professionals who are always willing to help those who are in need. Just because your claim is denied doesn’t mean that you cannot appeal. It is possible that your claim may get overturned on appeal. Make sure that your rights are vigorously defended by someone with experience in this area.

Examples of Reckless Driving: Seeking Compensation for Victims

Posted by David Brown 
· October 8, 2020 

When people get behind the wheel of a car, they should always place safety first. After all, an accident can happen at any time and even the smallest accident can lead to serious injuries. In some cases, these actions can even lead to catastrophic or potentially even deadly accidents. The victims of accidents that stem from reckless, aggressive, or negligent driving always deserve compensation for their injuries and financial losses. This might include medical bills, compensation for lost income due to an inability to work, and even emotional distress. Therefore, it is critical for everyone to seek the assistance of an experienced legal professional who knows how to hold drivers guilty of reckless driving accountable for their actions.

There are numerous examples of reckless driving and all of them have the potential to lead to serious accidents. Even though reckless driving has the potential to lead to motor vehicle accidents, the law defines reckless driving as any behavior behind the wheel that represents a reckless disregard for the safety of others on the road. Some of the most common examples of reckless driving include:

  • Tailgating: When drivers follow the car in front of them too closely, this markedly reduces the amount of time they have to react to changing road conditions, dramatically increasing the chances of an accident taking place.
  • Speeding: Speeding comes in many shapes and forms. This includes far more than simply exceeding the posted speed limit. For example, if the road conditions mandate driving at a slower speed, such as the presence of poor weather or construction, drivers should be expected to slow down.
  • Weaving Through Traffic: Weaving through traffic also increases the chances of an accident taking place, particularly if there is heavy traffic present.
  • Distracted or Impaired Driving: Distracted driving, such as texting while driving, is certainly reckless driving. Furthermore, driving under the influence of drugs or alcohol also constitutes reckless driving.

Someone may suffer serious injuries as a result of a reckless driver. This might even lead to emergency surgery and a stay in the hospital. It is critical for everyone to seek the best medical care possible. Then, victims of reckless driving should reach out to a trained lawyer who can defend their rights.

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Common Antacid Zantac Might Expose People to the Carcinogen NDMA

Posted by David Brown 
· October 6, 2020 

Over the past few years, cancer has become more common. As people live longer, they simply have a greater chance of developing cancer. Sadly, there are also common medications that over-the-counter products that could make it more likely for someone to develop cancer. One of the most common issues involves Zantac.

Zantac is one of the most common treatment options for gastroesophageal reflux disease, usually shortened to GERD. For people who suffer from heartburn, they have probably taken Zantac at some point during the course of their life. Some of the most common symptoms of heartburn include chest pain, the feeling of a sour or metallic taste in the mouth, and a burning sensation in the esophagus. Even though many people have relied on Zantac for years, there is new evidence emerging that Zantac might cause cancer.

Recently, it was unveiled that the manufacturing process behind Zantac might be exposing people to dangerously high levels of a certain chemical substance called NDMA. There are other medications that have been rumored to contain NDMA as well. If individuals are exposed to NDMA, then this could make it more likely that someone might develop cancer. As a result, the FDA issued a recall for Zantac, which goes by the generic name Ranitidine, and abruptly pulled this come and antacid from all over the country.

Sadly, this might have come too late for numerous people who have already been exposed to Zantac. It is critical for everyone who might have been taking Zantac to visit with their doctor as quickly as possible. That way, if there is any cancer present, it can be diagnosed and treated rapidly, which might lead to a better prognosis.

Then, it is also a good idea for everyone to reach out to a trained legal professional for assistance. Unfortunately, treating cancer can be expensive. These issues could have been avoided if the manufacturers of Zantac had simply used appropriate manufacturing procedures and regulations to avoid exposing people unnecessarily to NDMA. Even though it can be scary to go through the cancer treatment process, nobody has to go through this alone. There are always trained professionals who are willing to lend a helping hand to those in need.

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Protesters are suing Seattle and Washington State for wrongful death and injuries to one of the protesters and their family member – Summer Taylor

Posted by David Brown 
· September 29, 2020 

The lawsuit initiated by a group of Black Lives Matter protesters says that the state of Washington and the city of Seatle are responsible for the death of one of the protesters – Summer Tayler, who died on July 4. The 24-year-old Summer Taylor and another protester were peacefully protesting when they were struck by a vehicle. The driver Dawit Kelete, who is 27 years old, pleaded not guilty to charges in connection with the collision.

Matt Taylor, Summer’s father, said that the Washington State Patrol troopers failed to protect peaceful protesters, which led to such tragic consequences.

The 100-page lawsuit against the police also claims that the Seattle Police Department did not properly respond to the protests in May, June, and July. Police negligence resulted in assault and battery, injuries, deaths, and infringement on constitutional rights..

The Police Department has been also accused of excessive use of crowd control weapons, such as rubber bullets, tear gas, and flashbang grenades, which led to injuries of protesters of varying severity. The protesters, named in the lawsuit as plaintiffs, said that they were doused with pepper sprays or tear gassed, and beaten by police officers during Black Lives Matter protests. They accuse the police of their engagement in discrimination and brutality while exercising protesters’ Constitutionally mandated rights to participate in peaceful protests. One of the plaintiffs is a veteran of the war in Afghanistan.

Here is the list of injuries caused by the Seattle Police actions during the Black Lives Matter protests:

  • Loss of consciousness
  • Concussions
  • Temporary blindness
  • Shattered bones in the hand caused by exposure to a blast ball
  • A partially amputated limb
  • Breathing problems
  • Burning skin
  • Chemical burns of different degrees

Protesters sustained the injuries listed above after being exposed to chemical agents, including pepper sprays, tear gas, blast balls, or direct contact with police officers, which lead to using batons and shoving.

The lawsuit is also accusing the city of Seattle of violating the state’s Constitution and other local and state laws.

 

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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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