Author Archive

An ACA Class Action? Here’s what The Legal News Group said…

March 31st, 2014. By AbiK

Recently a reader (thanks Roger!) submitted a question regarding Obamacare and the possibility of a class action lawsuit. We threw the question out to our Legal News Group on LinkedIn (where a number of lawyers and legal industry types hang out) and we’ve shared their answers below…

Roger’s Question: Do you think there is a potential class action resulting from the President’s decision to allow insurance companies to continue to offer health insurance coverage that does not meet the requirements of the Affordable Care Act? Individuals whose plans were cancelled as a result of the ACA can now continue to hold such plans for another two years if their insurance company makes the plan available. However, the plans do not meet the coverage requirements of the ACA. If an individual is treated for some condition that is not covered by their non-ACA-compliant plan but would have been covered by an ACA-compliant plan, the individual should have a cause of action against their insurance company for the out-of-pocket cost for that treatment. What defense does the insurance company have? That the President allowed the non-compliant plan? The President has no authority to do so. While the cost borne by one individual under a non-compliant plan might not justify a lawsuit against the insurance company, many individuals will have the same loss. Does that not suggest a class action?

Stephen: That’s interesting. However, didn’t the Dept. of Health and Human Services actually write the regulations that determined what is and what is not a compliant plan? And since that Dept. is under the Executive Branch and the President is the Chief Executive, can in not be argued reasonably that he does in fact have the authority to decide when to implement the regulations?

Gordon: Although I like parts of the ACA, there is an internal contraction of social production of medical care and the private reaping of profits. It would have made more sense to extend medicare to all ages. There (Medicare) is a social production of medical care and any profit is returned to the public. This has been the basis of the universal health care systems in other industrialized nations. Whether there is a class action suit potential is actually an indication of the internal contradiction.

Helen: Yea, possibly for political reasons. Why would anyone sue for that? What to say that the non-compliant insurance has an unfair advantage possibly but wouldn’t that claim bolster the intent of the reform rather than hurt?

Kristin: If you’re on a non-compliant plan, could you switch out to a compliant plan with more coverage? I thought the main idea behind two-year extension was to avoid a time crunch leaving people uninsured, not to perpetuate non-compliant plans (Helen, I think this is reform intent, right?). Stephen, I agree with the idea that the President can implement the regs when he wants. Gordon, I’ve seen the US healthcare system used as an example of what not to do more than once (pre-ACA). Private healthcare seems so entrenched, do you think an alternate approach would succeed?

Kari: I agree with Gordon T. Davis, my ten cents worth: There should have been the single payer/Medicare option, as initially submitted. Simply there is no reason to kill the healthcare industry “cash cow” without a good fight (Obamacare has been repealed some 50 times, maybe only Congress work creating activity) i.e. patients are not going to travel to China for low cost treatment like many jobs have gone. Just an observation this year, I visited at my doctor in the same office, no changes from previous visits, hospitals are still where they always have been, no challenges even if there was a preexisting condition, just pay the bill …. Obamacare has not killed my healthcare rather it has provided peace in mind without concern do I have it or not. Rush Limbaugh promised to move out of country, if Obamacare will come a law ….. darn still here, can not trust on anything what he says.

Helen: It was the original intent. The problem was the latent news release that the grandfather clause had been tampered with during the passage of the legislation in Congress (note that the clause intended to allow folks to keep their preexisting plan, plans that preexisted prior to the Reform with only minor adjustments, if necessary). That delay or revelation later than sooner, plus the feet dragging to implement the Act together produced the mess. In the aftermath, it turns out most people who learned their current plan (prior to Reform) would be non-compliant were switched automatically by their insurance companies to plans that are compliant albeit possibly more expensive (but better coverage). The delays as implemented by Executive decision isn’t anything new and people have to realize that in any major reform reminiscent of others like Social Security and Medicare, the road of implementation was bumpy! It is true now that few would want those programs to vanish, let alone changed!

Kari: Expect changes/improvements Ref.: Why Employers Will Stop Offering Health Insurance

Got an opinion? Let us know what you think. Comment below, or comment on the original thread for this question at our Legal News Group on LinkedIn.

Tags: ACA, ACA Class Action, Affordable Care Act, LinkedIn, Obamacare Class Action Lawsuit, The Legal News Group
Posted in Class Action | 2 Comments »

Finding a Good Lawyer Sucks – PART 1

February 11th, 2014. By AbiK

This one may get ugly…it’s the personal saga of yours truly as I embark on the process of hiring the right personal injury attorney—for real! The attorneys I’m reaching out to do not know I work for a legal news website. So I’ve got no special “in” here and will live this process just as everyone who clicks that “submit claim” button does. Only, to be fair, I’m not submitting a claim here, where I work. Ready to come along for the ride?

The Beginning: I think I need a lawyer.

It happens. One day, you say the words, “Maybe I should talk to a lawyer.” There’s an uneasiness in your stomach as the words flow from your lips. But you’ve reached that point where, for whatever reason, you need—and are ready to pursue—legal help.

You might think your next step would sort of be like what you’d do if, instead, you had said something like, “Guess I need to get the car checked.” No. That would be too easy: Pick up the phone. Schedule a time to bring the car in. Done. A pain in the a$$, but easy.

No. When you need to find a good lawyer, you start to feel more the way Rose might in a Dr. Who episode—you know, the parts when she’s all like “But why Doc-tuh?…Doc-tuh?…Doc-TUH?!?” And there’s Rose standing helpless and clueless in the middle of some street while “Doctuh” has disappeared.

And I’m not talking about trying to find your run-of-the-mill divorce lawyer or the lawyer who writes up your will. No disrespect to those folks—but their work, while important and at times quite messy, is pretty straightforward. You know the end goal and pretty much how to get to it. And, chances are, you can get a few good referrals right from your circle of friends. No, I’m talking about needing a personal injury attorney. Things start to get murky when you’re in the land of “harm”, “damages”, “wrongdoing”, and the ever-popular “pain and suffering”.

So here I am, muttering that “get a lawyer” phrase and…I’m stymied. Yep. Don’t know where the hell to start. And here’s the part I want y’all to remember: I WORK IN THE LEGAL INDUSTRY. So for those of you who do not, and who are either on this journey or have been on it, please know I have no special “in” that I’m using and yes, I really am feeling your pain. Really.

Now, before you even get to picking up your mobile to dial 1-800/888/877/866-INJURY-NOW or whatever cute & catchy vanity phone number you saw as you blew by that billboard on Route You-Name-It, you hesitate. You don’t even know if you SHOULD call an attorney, right?

Maybe you’re overreacting. Being a bit prickly. A wuss. After all, people (the media?) always tend to show potential plaintiffs in the worst light: we’re all opportunists (hot coffee lawsuit anyone?). Or, we just don’t suck it up. So there’s that stigma to reconcile with yourself at the outset. And let’s face it, most people really don’t want to be litigious. It’s too…confrontational.

Then, there’s all that imagery of advanced learning—framed certificates of this or that, suits & ties, mahogany everywhere and built-in bookcases with series upon series of books that all have that same monotonous red & gold leaf binding. Who are these people? And who the hell wears a suit all the time anymore?

It’s off-putting. You feel self-conscious, insignificant, daunted and on the defensive before you’ve even opened your mouth or shaken any hands. Why is it that those legal help billboards scream “Come On In!” and yet for some reason you still don’t feel that welcome feeling? As someone whose background is in marketing—yea, I drank the “consumer’s always right!” kool-aid and am a strong believer in transparency—if I had the option to shop elsewhere for legal help—for example, maybe my mother-in-law who’s been known to put up a good fight (and has no problem stating her mind) would like to represent me. I’d get her on contingency. But there’s that lousy requirement about being admitted to the bar. Excuse me, The Bar.

So here we go. I’ve weighed the pro’s and con’s—as much as I know of what those could possibly be—and I’ve decided to go for it. I’m going to find an attorney! I’m going to right the wrong!

Not so fast.

You thought you’d walk into the lawyer store and pick one off the shelf, eh? Thought they’d have your fit, size and color right there for the taking? Silly you. Well, actually, not silly you–after all, that’s sort of how you find a doctor, right? You figure out what part of you ails and you get a doctor who works on that part.

Ahh, but just try to let your fingers do the walking in the Yellow Pages (online edition, of course) for a lawyer, it’s not like they’re listed by the lawsuits they work on. Go ahead and see for yourself. Search for “lawyer” and you’ll be given some options to further filter your search. One of those options is “Personal Injury Attorney”. Think you’ve found your match? Think again!

No—the lawyer who argues the case about Yaz birth control is NOT the same guy (or gal, we don’t discriminate here) who argues your wrongful termination case and is NOT the same guy/gal who even might argue your egress/regress employment issue! And see—I’ve already started with the jargon—WTF is egress/regress?!? (Yes, I know what it is…I’m making a point.)

That will be your first surprise. Which you won’t necessarily know unless you actually MAKE CONTACT with someone at the law firm you’re trying to connect with, and they tell you in so many words that you’ve got the wrong address (aka, the proverbial “I don’t really handle those cases” line that tells you you’re not welcome there, but does not quite tell you where you should be.)

Frustrated yet? And you’ve only just begun (nod to The Carpenters).

So, first, you need to know what your problem is. It’s not all that difficult, but no one REALLY explains that well up front. So, if it’s employment-related, you need an employment lawyer (in your state of employment, I might add). If it’s a medical device problem, you need a medical device attorney. Tracking with me? Good.

So that’s where I am in this process. I’ve figured out my problem, figured out the kind of attorney I’m looking for, and now I’ve started to reach out to them. IMPORTANT NOTE: The easiest/best thing for me to do would be to submit a claim form to request legal help right here on LawyersandSettlements.com (shameless plug)—after all, my claim would go to at least three good lawyers—shotgun style! I like that! But, again, that would be too easy and I don’t sh*t where I eat… So I’m out on the “open market”, so to speak.

I won’t name names throughout this process. But come along with me and we’ll share our pain. And we’ll ask the question (quite often I might add): Why is it so hard to find a lawyer? And maybe, just maybe, we’ll make it better somehow.

Stay tuned.

Tags: Attorney, Lawsuit, Lawyer, legal help, personal injury attorney, trial attorney
Posted in Emerging Issues, lawsuits, Lawyers, Personal Injury | 6 Comments »

Foster Farms Apologizes for Salmonella, but why wasn’t there a Recall?

November 6th, 2013. By AbiK

Foster Farms CEO Ron Foster sent out this full-page ad apology regarding the recent salmonella outbreak brought on by his company’s chicken. However, while there was a health alert issued by the CDC, reports of over 360 salmonella cases in 21 states, Costco’s been pulling the chicken off their shelves, and now the salmonella lawsuits are starting to roll in, Foster Farms did not issue a voluntary recall for the chicken. So the question remains: why?

Tags: CDC, Costco, Food Poisoning, Foster Farms Chicken, Foster Farms lawsuit, Salmonella
Posted in Food Illness, lawsuits | 2 Comments »

Storage Wars Lawsuit & the Dark Side of Storage Auctions

October 21st, 2013. By AbiK

Got so much sh*t you need a storage locker? Well, understandably, sheer consumption isn’t the only reason why a lot of folks put their stuff in storage—there are many reasons, including some that are prime material for a “Judge Judy” episode or two. But the reasons for removing the stuff from storage? Well, for some, the reason winds up being an inability to pay their storage locker rent. Never mind why the rent can’t be paid—the bottom line is that the storage facility basically holds the storage locker contents as a form of collateral. And if you’re not paying rent, well then, the self-storage company is ready, able and willing to make some cash off of your precious belongings—by auctioning them off. And, in many instances, they have a right to…but…we’ll get to that later.

Surely you’ve heard of “Storage Wars”?—the popular reality tv show on A&E. Auctioning storage locker contents is the premise of the entire show. And, of course, being reality tv, there is suspense and excitement—and a few tense arguments thrown in for good measure.

That brings us to the lawsuit recently filed by “Storage Wars” former star buyer, Dave Hester (aka “the mogul”). His lawsuit was originally filed in December, 2012, against A&E, claiming that the production company actually staged many of the auctions with goods that were not originally in the featured storage lockers. Basically, he claimed that A&E planted more valuable goods into the featured lockers in order to falsely drum up excitement (and, therefore, more viewers) for the program.

That lawsuit was eventually thrown out, with the judge deeming what A&E chooses to highlight on the show a matter of free speech.

Ahh, but the story, and the lawsuit, doesn’t end there. Hester was let go. According to a report over at The Wrap, Hester’s got a retooled lawsuit and is now arguing wrongful termination, alleging he was fired over his claims that the show was rigged.

The outcome of Hester’s lawsuit remains to be seen. But rigged locker contents or not, the lawsuit has put focus on the practice of storage locker auctions—and wrongful auctions—in general: what are they and why do they happen? “Storage Wars” makes storage locker auctions seem like some unclaimed freight or abandoned merchandise sale. Unfortunately, for some, that’s not quite how things happen—they haven’t quite abandoned their stuff; they simply can’t (or don’t) make the rent payments. And in some instances, the storage facility has simply auctioned off the wrong person’s stuff. Yes, it’s happened…

Example: Dubey v. Public Storage. Here’s an excerpt from court documents on that one:

“Kitchen [former storage facility property manager] told Dubey that her property had been auctioned off. She told Dubey that her rent had not been paid and that Metropublic records showed that there was $191 in past-due rent for unit E-11. However, unit E-11 was rented to someone by the name of Maria Cruz, and Dubey’s rental agreement showed that her unit was C-10. Cruz’s rental agreement had a computer-generated designation of unit number E-12. Such unit number had been scratched out and next to it, handwritten, was the number E-11.”

In Dubey’s case, she showed up at her rental storage locker one day to find it inaccessible. When the operator opened it, it was empty—except for some remaining debris, remnants of Dubey’s belongings. Needless to say, Dubey was a bit taken back and things wound up in court.

In fairness, if a self-storage facility plays by the rules, they do have a contractual right to move to an auction. But, the key is they have to play by the rules. The “rules” in this case, are state lien laws.

Lien laws regulate all aspects of when and how storage unit contents can be auctioned. They cover everything from when a storage operator can replace the lock on a unit, to how a renter is sent default notices, to how long the renter has to ‘make good’ on his payments, to how and when the operator can publish an advertisement for an auction.

For example, recently new legislation went into effect in Nevada regarding how a storage facility operator must notify a tenant about being in default. Nevada self-storage facility operators may now notify tenants about impending lien procedures by email, as well as assess late fees and deny access to tenants in default after 10 days. If there is no confirmation of the email, a second notice must be sent by verified mail to the last known address of the tenant.

While there are many legitimate storage auctions, some are not. There are rules to be played by and operators need to follow those rules before they auction off storage locker contents. And if you’ve got stuff in storage, it’s worth it to not only read your contract closely, but also check out your state’s self-storage lien laws; you can do that online.

Tags: Lien Law, Storage Auction, Storage Wars, Wrongful Auction
Posted in Emerging Issues, lawsuits | 17 Comments »

Author Archive

An ACA Class Action? Here’s what The Legal News Group said…

March 31st, 2014. By AbiK

Finding a Good Lawyer Sucks – PART 1

February 11th, 2014. By AbiK

The Beginning: I think I need a lawyer.

Top 10 Legal News Stories of 2013

January 7th, 2014. By AbiK

Foster Farms Apologizes for Salmonella, but why wasn’t there a Recall?

November 6th, 2013. By AbiK

Storage Wars Lawsuit & the Dark Side of Storage Auctions

October 21st, 2013. By AbiK

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