Archive for 2009

Huh? Pleading Ignorance looks to 2010 & your Legal Questions

December 31st, 2009. By Kristine B

Damnum Absque Injuria. Res Ipsa Loquitur. Causa Sine Qua Non. Brutum Fulmen! BRUTUM FULMEN!!

Uhh…say what? Sounds pretty fire & brimstone—so did we just get back from Christmas Mass at the Vatican and have a little leftover Latin-on-the-brain? Not quite. All the above lingo (lingua Latina!) are legal phrases that no one (except lawyers) really knows a damnum thing about. “Latin’s a dead language!” you say? Well, those in the legal profession didn’t get that memo…and they’re not going to…and that’s why we started the Pleading Ignorance blog posts this year.

And now the year is officially at a close—and I have to say, it’s been a pleasure writing Pleading Ignorance over the past few months. From negligence to financial issues and from whistleblowers to mandatory arbitration, I’ve covered topics that can sort give you that glazed-over, no-blessed-clue-what-you’re-talking-about look when you’re listening to someone (a lawyer?) ramble on about ’em.

Why can’t they just speak English? Or at least a language that didn’t get sacked by Visigoths and Vandals (and then some) some fifteen hundred plus years ago? I suppose you can either argue that the industry is steeped in tradition, or in need of a newfangled 12-step program to just “let it go”.

Regardless, the lingo is here to stay and I enjoy the role of interpreter—so I’m looking forward digging into whatever we’re all pleading ignorant on in 2010…  

In the meantime, I’m throwing it over to YOU, our readers, to see if you have any questions about legal issues or concepts. Are there any topics that LawyersAndSettlements.com covers that you would like to see discussed in this forum? Let me know!

Just keep in mind—I’m not a lawyer—don’t even play one on TV—so I won’t be offering any legal advice. But, as a legal writer, I do have to know a thing or two about legal-speak, legalese, legal jargon—things like the fact that jury-rigging has nothing to do with a jury—but you can still claim a jury’s been rigged—and that right there is a Linda Richman “Coffee Talk”-let’s-discuss moment just itching to happen tonight at your New Year’s Eve soiree. 

So, if you’ve got some questions about legal concepts that don’t quite make sense, or legal words or phrases you just don’t use when you’re picking up some groceries or answering your phone at work, drop me a line at Pleading Ignorance. Can’t promise I’ll get to answer every one, but I’ll sure try! 

I hope everyone has a happy New Year and a fantastic start to 2010. And for those of you who have been affected by someone else’s wrongdoing, I hope you get the chance to have your case heard, or at the very least, to share your story with others. 

Most of all, I hope 2010 proves to be a wonderful year, for everyone. 

Thanks for reading!

Tags: Pleading Ignorance
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Sex Toys Need to Be Safe

December 31st, 2009. By Hunter West

It’s a titillating subject to be sure and one that would be expected to serve as the butt of many a joke in the locker rooms of the nation. The fact remains, however that sex toys comprise a legitimate product component in the retail industry—and like any product that is used for the purposes to which they were designed, it needs to be safe. 

It may not be. 

Earlier this month in Canada (known affectionately as the Great White North where it gets so cold in the winter that residents alternate between outdoor sports and the indoor variety with their…well…never mind), a Liberal Member of Parliament issued a communiqué to the Canadian Health Minister with regard to sex toys manufactured with the dreaded bisphenol A (BPA) and phthalates. 

The latter are chemicals used to make plastic sex toys soft and flexible. 

All playfulness aside, the safety concern for sex toys is not unlike previous health issues that have surfaced over the chemical’s use in things such as baby bottles, the lining of food cans and Read the rest of this entry »

Tags: BPA, Health Canada, Phthalates, Sex Toys
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Max Did It His Way for Libby

December 29th, 2009. By Hunter West

The final vote on what will be an historic event precluding the passage of President Obama’s health care bill Christmas Eve was preceded by a close vote in the Senate in the wee hours last Monday morning. It passed by the slimmest of margins—and that’s after weeks of lobbying and wrangling individual senators to gain their support.

The Republicans have been crying foul. Other critics say that the bill reeks of political pork and pet projects in exchange for support and precious votes. 

On the surface the criticism seems justified—although defenders point out that a union of states (which is what the United States of America is) remains a democracy and negotiation is just part of the process. True, say the critics—but that kind of stuff just drives the price of health care reform through the roof by advocating for the few, to the detriment of the many.

But dig a little deeper and you suddenly begin to understand…

Senator Max Baucus (D-Montana) is chairman of the Finance Committee and principal author of the health care bill. So one has to wonder if he had anything to do with a cryptic proposal, which The New York Times described on Sunday as ‘inconspicuous’, expanding Medicare to cover certain victims of “environmental health hazards.”

“The intended beneficiaries are identified in a cryptic, mysterious way,” writes Robert Pear in the Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma, Libby, Libby MT, Max Baucus, Senator Baucus, WR Grace
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Asbestos News Roundup: 12.29.09

December 29th, 2009. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Lawsuits

Jefferson County, Texas: Maudry Granger, the widow of an equipment operator, has filed a lawsuit against 30 companies, alleging their asbestos-containing products caused her husband’s death. She filed the lawsuit individually and on behalf of the estate of Rufus Granger, who was allegedly “required to work with and around asbestos and asbestos containing products while engaged in the course of his employment as a heavy equipment operator, truck driver and laborer.” His exposure to asbestos during work allegedly caused him to suffer from asbestos-related diseases. 

The named defendants include: A.W. Chesterton, American Optical, Bechtel, Crane Co, Fluor Enterprises, Foster Wheeler, Henry Vogt Machine, Honeywell, Ingersoll Rand, John Crane Inc, Lockheed Martin, 3M, Sepco Corp, Treco Construction Services, Uniroyal, Washington Group and Zurn Industries.

Asbestos Hot Spots

Drayton Valley, Alberta, Canada: The renovation of the Shangri-La Lodge, a seniors home, has revealed asbestos in a portion of the building that dates back to the 1970s. A predetermined removal process will be followed, and precautions taken to ensure the residents  are protected from any asbestos-related ill effects. (draytonvalleywesternreview.com)

Thetford Mines, Quebec, Canada: A report released this month shows that people living near Thetford Mines, an asbestos mine in the Canadian province of Quebec, are at risk for developing asbestos-related illnesses including asbestos mesothelioma. The risk for lung cancer and mesothelioma was found to be 17 times higher than normal. This is due, largely, to the higher concentrations of airborne asbestos dust and fibers present in both the indoor and outdoor areas of the community. (theglobeandmail.com)

Tags: Asbestos, Asbestos Mesothelioma
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2009 – That’s a Wrap!

December 29th, 2009. By LucyC

Well, it’s been a busy year for lawyers—and class actions were certainly popular. Employment class actions, comprised of allegations of unpaid overtime and wages and violations of the Federal Fair Labor Standards Act (FLSA) were among the most commonly filed lawsuits. Seems there’s no shortage of companies willing to fiddle the math. Even the biggies—Costco, McDonalds, AT&T, Marriott, Bank of America, Wells Fargo, UPS, Starbucks, Dominos Pizza—even Hooters! And I could go on. 

Other hot topics in 2009, included Chinese Drywall.

Who in this part of the world (and presumably China) has not heard of Chinese Drywall by now? Estimates suggest that possibly 100,000 people are affected by this toxic home building product, and on December 9, a federal class action was filed against Knauf Plasterboard Tainjin Co. Ltd. (KPT), one of the primary manufacturers implicated in the debacle. 

Overdraft fees were also a topic close to many peoples’ hearts in 2009. Bank Atlantic was one institution hit with a class action for allegedly manipulating the posting dates of consumer debit card and check transactions so they could make more money on customers’ overdraft fees. 

And speaking of fees, the issuers of prepaid debit cards also had their toes to the fire this year, among them Green Dot Visa for allegedly charging high fees on their ‘prepaid debit cards.’ 

Unfortunately, asbestos mesothelioma lawsuits—individual lawsuits not class actions—remained prominent this year. As more retirees are only now being diagnosed with the asbestos-related Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma, chinese drywall, Class Action, Drugs, Employment, Settlement
Posted in Class Action, Settlement | No Comments »