Author Archive

BP Disaster and Why the Jones Act Needs to Change

June 16th, 2010. By Kristine B

As the oil continues to make its way to shore, countless families try to cope with the economic impact of the BP oil spill. Meanwhile scores of birds and other animals that rely on the sea are dying in unprecedented numbers. But, it may be the deaths of the 11 men on the oil rig platform that could have the biggest impact on future oil drilling. If officials change US Maritime Law—which they should, it’s only right—BP could be forced to pay dearly for its alleged (yes, I’m still using alleged here) role in the oil rig explosion and deaths of the workers.

This week, Pleading Ignorance looks at US Maritime Law and the Jones Act to better understand what happens when a worker suffers injury or death while working on or for a sea-faring vessel or operation.

So, why does US Maritime Law need changing? The current situation is that under maritime law, families of people who die while working at sea are only able to sue for economic damages caused by the death. This includes things such as loss of income, medical bills and so on. They can’t sue for punitive damages. 

The problem is that it’s the punitive damages that hit home with companies like BP—and drive much needed change. Economic damages, in comparison, are relatively small. Here’s an example: say an oil rig worker makes $60,000 a year at the time of his death and still has an approximate Read the rest of this entry »

Tags: BP, BP Oil Spill
Posted in Pleading Ignorance | No Comments »

Pleading Ignorance on SLAPP aka SHUTUP Lawsuits

June 9th, 2010. By Kristine B

I recently came across an interesting article in The New York Times. The article was about a phenomenon known as SLAPP: Strategic Lawsuit Against Public Participation. Since the Internet has made SLAPP lawsuits more common, I thought I’d discuss them and their implications in this week’s Pleading Ignorance. 

At their heart, SLAPP lawsuits are designed to intimidate and censor critics. The idea is that a company, say MegaCo, wants to stop critics from saying negative things publicly about the company. MegaCo would file lawsuits against those individuals who speak out against the company in an attempt to silence them. 

Whether or not MegaCo would win the lawsuit is of no importance. Faced with mounting legal bills and the strain of a lawsuit, the defendant—often an individual with no legal team or financial resources to fall back on—abandons the criticism. Whether or not the criticism is valid is also of no importance. The important thing is that MegaCo has prevented someone from criticizing the company and has probably discouraged other critics from coming forward. 

In many cases, MegaCo and the defendant won’t even see the inside of a courtroom. Usually, companies like MegaCo send a strongly-worded warning letter from their legal department, threatening legal action if the criticism isn’t taken back. Because the plaintiff is usually an individual who has no desire to face a lawsuit, the criticism is quickly abandoned. 

Critics of SLAPP lawsuits say they violate free speech and amount to censorships. Some states, including California, have statutory protections against SLAPPs. 

What is so dangerous about these lawsuits is they are not intended to win on their merits. They are only intended to stop people from using their right to freedom of speech by scaring them into silence. The difference between a SLAPP lawsuit and a legitimate defamation Read the rest of this entry »

Tags: Defamation, first amendment, freedom of speech, SLAPP
Posted in lawsuits | No Comments »

14 Signs of Financial Elder Abuse

June 3rd, 2010. By Kristine B

There are few things we at LawyersandSettlements.com cover that are as heartbreaking as financial elder abuse. The stories about senior citizens who have worked their entire lives to care for family members while ensuring that they, themselves, would be financially stable in their later years—only to have loved ones steal from them—arouse a combination of fury and sadness. The sad truth is that very few incidents of elder abuse are ever reported by the senior, leaving it up to other family members or close friends to figure out what’s going on.

The sad truth also is that in difficult economic times when many are facing financial hardship, sometimes the “easiest” route to some cashflow can involve the proverbial apple going back to the tree—uninvited. That’s why now, more than ever, it’s important to be aware of the signs of elder abuse and protect those who may be victimized.

This week, Pleading Ignorance examines financial elder abuse, signs it’s occurring and what you can do. 

Financial elder abuse occurs when someone (a loved one, a close friend or even a stranger) preys on a senior citizen and cheats the senior out of money or property. It is a heinous crime and one that goes vastly underreported. The senior may be embarrassed at having been swindled, may be afraid of retaliation if the abuser is a family member or caregiver, may be conflicted about reporting a family member to the authorities or may be unable to comprehend that he was, indeed, the victim of a crime. 

Seniors have lost their life savings, their homes, their valued jewelry or other property to abusers. At the same time, the abuser may take advantage of the senior’s condition by providing less care than is necessary or putting the senior in a care home that doesn’t meet the senior’s needs. 

I’m fairly certain there’s a special place in hell for those who would do this to their elder family members. But before they get their due from a higher power, there are some signs to be aware of right here, right now, in order to help someone who may be the victim of elder abuse.

Signs that indicate a senior may be the victim of financial elder abuse:

• Senior can’t spend money the way he wants
• Senior’s bills aren’t paid on time even though he has the financial resources to pay his bills
• Senior is forced to sell or give away property, sign over Power of Attorney, or change title of property to someone else
• Senior is offered care in exchange for property or access to bank accounts
• Senior’s account shows activity the senior couldn’t have done, such as making an ATM withdrawal when the senior is bedridden
• Senior’s financial situation suddenly changes
• Senior’s belongings are missing
• Senior’s will is suddenly changed
• Senior’s bank account shows unusual activity
• Senior makes changes to financial decisions but seems incapable of comprehending those decisions
• Senior is isolated from friends and/or family
• Senior is afraid to speak in front of caregiver/companion/family member
• Senior has purchased items he can’t use, such as a lifetime membership at a gym
• Senior receives care well below the level he can afford.

In many cases it’s up to family and friends to discover the wrongdoing and file a complaint. In the situation of Brooke Astor, a New York socialite and philanthropist, the victim’s grandson filed a complaint against his father—Astor’s son—alleging that Astor wasn’t being properly cared for even though she could afford a high quality of care. In the end, charges were laid against Astor’s son, he was found guilty and sentenced to time in jail. 

The financial abuse may not have ever been discovered if Astor’s grandson hadn’t filed a complaint. 

If you suspect a senior is being financially abused, report the situation to the proper authorities, who can then make a decision about whether or not to investigate. Every state has at least one toll-free number—either an elder abuse hotline or an elder abuse helpline—to call to when elder abuse is suspected. 

Some states, such as California, have an Elder Abuse Act to provide remedies for elders who’ve been financially abused.

Tags: elder abuse, elder care, senior abuse, senior citizens
Posted in Financial | 31 Comments »

BP Oil Spill: The Fallout and Who’s Affected…Including You

May 27th, 2010. By Kristine B

With an environmental disaster as large as BP’s oil spill, no doubt many people are affected. Some are affected directly. Others, however, are affected indirectly and might not even realize it. This week, Pleading Ignorance gives some examples of people who might have no idea that this environmental disaster has affected them. We look at property damage, business losses and other effects of the oil spill.

BP Oil Spill + Property Damage + Property Ownership/Rental

Obviously Affected

Anyone in real estate knows it’s all about location, location, location. Most often, the choicest locations—particularly at the height of rental and time-share season—involves a beachfront somewhere, and that beachfront comes at a high price. Unfortunately, the BP oil spill has given new meaning to the phrase “tar beach” for folks who could afford a beachfront stretch. With oil encroaching upon their waterfronts, there’s property damage afoot. That damage could cost these homeowners for repair, maintenance and replacement of anything on the property damaged by oil, not to mention the cost of cleaning up.

The other damage that homeowners suffer is the loss of enjoyment of their property—their own, and that of others if they were planning on renting out their home. After all, who wants to enjoy the beach when the beach is covered by oil? So there’s potential loss of income, too.

Finally, there’s the loss in property value to consider. Try sticking a “for sale” sign up on beachfront property right now in, say, Louisiana or Alabama. If folks can’t use the beach, they sure aren’t going to come to an open house—let alone fork over a downpayment.

Possibly Affected

Even if you don’t live along the beach, if you live close to the beach—say, a few blocks off—you’ll also be affected by the oil spill. You may not suffer property damage, but proximity to the beach means that you enjoy the beach as one of the perks of your location. That’s a perk you probably still paid a hefty sum for. Because of the oil spill, you don’t have the option of enjoying the beach anymore. Nor would anyone you’d hope to sell your place to. And that adds up to a decrease in property value. 

People who rent long-term along the beach or near the beach are affected, too. Although they don’t suffer the same property damage as homeowners, they probably pay high rent for the sake of living near the coastline. Like homeowners, they no longer have use of the beach, something they pay for.

Basically, if part of your cost of residence involves use of the beach, you’re no longer getting what you paid for, through no fault of your own.

Remotely Affected

For those folks who vacation on the Gulf Coast each summer, you may have already paid for—or at least put a downpayment on—a rental. But chances are, you’ve been re-thinking that Read the rest of this entry »

Tags: BP, BP Oil Spill, Pleading Ignorance
Posted in Emerging Issues, Environment, Pleading Ignorance | 2 Comments »

How Does the Avandia Settlement & TIDE Trial Affect Me?

May 18th, 2010. By Kristine B

If you’ve read the news lately, you may have heard that GlaxoSmithKline agreed to settle approximately 700 Avandia lawsuits for a reported $60 million. You may also have heard the calls to end the Avandia safety trial known as the TIDE trial. This may have you concerned about how these developments affect you, and rightfully so.

This week, Pleading Ignorance takes a look at how the Avandia settlement and the controversy over the Avandia and Actos TIDE trial may affect you.

Avandia Settlement

GlaxoSmithKline has reportedly agreed to settle 700 lawsuits for approximately $60 million. How this settlement affects you depends on where you are in the lawsuit process, if you are involved at all.

Obviously, if you’re one of the 700 lawsuits that have been settled, then your lawsuit is now done; you’ll receive your share of the settlement and no longer have to worry about the litigation.

If you are one of the remaining lawsuits (reported to number in the thousands), how this settlement affects you is less clear. Details about the settlement have been kept quiet. Based on how big businesses operate, my guess (this is just speculation here) is that GlaxoSmithKline has not admitted to any wrongdoing (something most businesses attach to their settlements). The settlement, however, shows that the drug maker is willing to sit down with plaintiff’s lawyers to negotiate, which could be a good thing for the remaining lawsuits.

That said, there is no guarantee that a settlement in those 700 initial lawsuits will translate into a settlement for the remaining lawsuits. It’s a good sign, but it’s no guarantee.

If you are considering contacting a lawyer but haven’t done so yet, the statute of limitations might be running out for you. One of the things that plays into how much time you have to file is whether or not your state follows a discovery rule. What’s that? Basically, it’s the point in time in which an individual would have likely been aware that a claim could be made against a defendant—or that a claim existed. In the case of Avandia, that would mean the point at which a person most likely knew they Read the rest of this entry »

Tags: Actos, Avandia, Avandia Settlement, Glaxo, GSK, TIDE
Posted in Drugs/Medical | 16 Comments »