Emerging Issues Archive

Who’s gotten that Chrysler Dodge Ram Recall Notice?

April 15th, 2014. By AbiK

Did you ever receive one of these Chrysler Dodge Ram recalls for defective steering-system tie rods that may have been misaligned during assembly or steering-system service? Did you bring your truck in to have the part replaced? What’s your experience?

 

Tags: Chrysler Dodge Ram, Chrysler Recall, Dodge Ram Recall
Posted in Automotive, Complaints/Comments, Consumer Fraud, Emerging Issues | 1 Comment »

Totally Tortelicious: Is this Man Adam Sandler’s ‘Anger Management’ Successor?

April 15th, 2014. By AbiK

Where the hell is Jack Nicholson when you need him? The plaintiff in this case may benefit from some counseling—not the legal type—as he’s apparently got that—but the type that Nicholson doled out in the movie, “Anger Management” (see his Goosfraba therapy in action above.)

Seems Geary Trigleth, plaintiff in a contract law dispute, was quite the colorful character in his recent deposition. And it started when he walked in wearing a t-shirt that screamed, “f*ck you YOU f*cking f*ck”—that’s our man, shown below. Yes, many a plaintiff—and defendant—has thought of showing up at his deposition or in court and giving a few people the F-bomb—but few actually dare to do it. Trigleth is the man, though, and he did.

Things got more interesting from there on as the deposition proceeded at Scheef & Stone law firm in Frisco, TX.

In eloquent terms nonpareil, Trigleth went on to provide passionate commentary regarding defendant Robert Couch.

According to court documents, in referring to Couch, Trigleth stated he was “going to tie that thick necked mother f*cker to a pole and f*ck him up the *ss until he squeals like a pig.”

One can only question whether Trigleth has experience with such. Regardless, speaking of personal relationships, the questioning did at one point veer into Trigleth’s own pursuit of pleasure—or sorry, his possible pursuit of a significant other who just happens to come via mail order (we’re guessing Match.com and Zoosk were off-limits for Trigleth given his online social reach is nil—literally—he has a profile on LinkedIn, but zero connections and his FB friends number 27—so maybe he off-shored love, as one does in these situations).

According to court docs, Attorney J. Mitchell Little started to ask Trigleth a number of relevant questions concerning his status as an accredited investor. Here’s how that went:

Q: Mr. Trigleth, what was the·purpose of the wire transfer that was paid? (Note: Mr. Trigleth also refused to answer and became very agitated at a line of questioning about a prior dispute with Texas Capital Bank where he was alleged to have transferred money for the purpose of acquiring a mail order bride.)

A: Are you gay?

Q: Are you going to answer my question?

A: Are you going to answer my question?

Q: I am here to ask questions.

A: I am here to ask you a question. Are you gay?

Geez. I don’t know—after a while one begins to wonder if a yes or no question starts to sound like a proposition there—or at the very least a fixation of sorts—hey, Little’s an attractive guy and he does have over 500 connections on LinkedIn. But as a little sidenote lest you question the line of questioning in the deposition…here’s a testimonial from Trigleth found over at 1st International Marriage Network (btw, IMBRA stands for International Marriage Broker Regulation Act):

From: Geary Trigleth

Sent: Friday, March 05, 2010 10:32 AM

To: Vasiliy Savkin

Subject: Re: IMBRA report prepared at NatashaClub site 

Vasiliy,

Thank you so much for your prompt response and assistance. I enjoy your services and site and compliment the efficiency and strategy of the functionality of the site and services supported! I truly feel your attempt to support the members and strategically protect all involved to meet your business needs and empower the site members to employ there powers of there needs is very efficient and effective! I truly appreciate the services rendered and hope to maintain a continual working relationship in the future. My appreciation!

gt

Yessiree, sounds like someone’s been trying to off-shore some lovin’…

Who knows where it all nets out, but suffice to say it’s one of those court appearances we’d love to be an extra Montblanc ink cartridge lying on counsel’s table for…

Tags: Attorney J Mitchell Little, contract law, Frisco TX, Geary Trigleth, Scheef & Stone LLP, Totally Tortelicious
Posted in Emerging Issues, Totally Tortelicious | No Comments »

Asbestos News Roundup: 2.27.14 – Fire Fighter Asbestos Risk

February 27th, 2014. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Fire Fighters and Asbestos Disease

According to a study done by The National Fire Administration/NIOSH, published in the October 2013 issue of Occupational and Environmental Medicine, the rate of mesothelioma among firefighters studied was twice that of the general US population.

The study is one the largest of its kind done to date, and looked at mortality patterns and cancer incidence among career firefighters. The researchers evaluated a pool of approximately 30,000 firefighters employed in San Francisco, Chicago and Philadelphia between 1950 and 2009.

They found, as have previous studies, that firefighters, through the course of their work, are exposed to known and suspected carcinogens like formaldehyde and benzene. The study shows that such exposure is linked to an increased risk of developing certain cancers. Additionally, the results were consistent with previous studies which show that firefighters experience higher rates of respiratory, digestive and urinary cancers, compared to the general population.

What was new, however, was the nearly doubling of the incidence rate for asbestos mesothelioma among firefighters, compared with the general US population. This had not been previously reported. The study not only strengthens previous evidence for the health risks firefighters are exposed to, but also suggests an association between firefighters’ occupational exposure to asbestos and increased mesothelioma rates, as asbestos is “the only known causal agent of mesothelioma.”

Asbestos Lawsuits

Edwardsville, IL: Video deposition from a man who died from asbestos illness before his asbestos lawsuit was concluded will now be heard by jurors in Madison County, Ill. He filed his lawsuit in Madison County in 2013, just months before he died from asbestos mesothelioma on May 23, 2013. His attorneys recorded Tom King’s video deposition prior to his death. His sons, Tom King Jr and Brian King, now represent their deceased father in the lawsuit.

Tom King, Sr., worked for the US Navy as a machinist mate for the U.S. Navy from 1959-1962 and again from 1965-1969, serving on the USS Forrestal, USS Tallahatchie County and the USS Hollister. He worked primarily in the engine room on each ship, but occasionally helped in other areas of the ship when needed.

Originally, there were 119 named defendants, of which Crane Co., a company that allegedly supplied the Navy with mechanical gaskets and valves, and John Crane, a designer and manufacturer of mechanical seals remain.

King Sr., testified that crew members were required to refer to a manual every time they worked on a piece of equipment regardless of their expertise in the department, and noted that he never saw any warning signs or indications in the manual that respiratory protection was necessary. He testified that for the replacement of old worn-out parts, the manual instructed him to use specific asbestos parts, which he was already supplied with by the Navy. He never deviated from the instructions in the manuals, calling the required specifications the “Navy way.” “We had a chain of command,” he said. “Remember the Navy way? That’s what we were required to do.” He testified regarding his work on pumps, valves and insulation, all containing asbestos.

King Sr., testified that in order to replace gaskets, it was necessary to clean the excess asbestos off the valves with a wire brush. The cleaning process created a lot of dust, he said. The case is ongoing. (legalnewsline.com)

Pittsburgh, PA: Milton M. Schuster Sr. filed an asbestos lawsuit alleging exposure to the lethal carcinogen through his work as a machinist. In his complaint, Schuster claims he was exposed to asbestos-containing products manufactured and distributed by the defendants from 1954 through 1985. The lawsuit states Schuster was diagnosed with asbestos-related lung cancer, on December 12, 2013. The illness is a direct result of his exposure to asbestos.

The defendants are: CBS Corporation, Crane Company, Foster-Wheeler Corporation, General Electric Company, General Electric Co. Switchgear Department, General Electric Capital Corporation, General Electric Capital Corporation, Goulds Pumps Inc., Honeywell International, also known as Allied Signal, Ingersoll-Rand Company, John Crane, Houdaille Inc., John Crane Inc., Owens-Illinois Inc., Union Carbide Corporation and Warren Pumps Inc., citing asbestos exposure. (philadelphiarecord.com)

Jefferson County, TX: An asbestos lawsuit has been filed by Virginia Furlong, wife, and Helen Furlong Moity, daughter of recently deceased William Ray Furlong. They name E.I. Dupont De Nemours and Co. as the defendant.

Specifically, the asbestos complaint alleges Dupont knowingly exposed William Furlong to toxic and carcinogenic dusts including asbestos during the course of his work at Dupont’s Works Facility in Beaumont.

According to the asbestos lawsuit, William Furlong developed mesothelioma from which he died in 2012. His widow and daughter seek to hold Dupont liable for William Furlong’s death. The Furlongs are seeking more than $100,000 in damages. (setexasrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
Posted in Asbestos Mesothelioma, Emerging Issues | No Comments »

Attorney Kip Scott: Disaster Relief and Personal Injury Work quite Similar

February 25th, 2014. By BrendaC

Over the last 15 years, Kip Scott has set aside his law practice on three separate occasions, packed up and gone to work as a disaster relief volunteer. His latest sojourn was to an area around the city of Tacloban in the Philippines where thousands of people were left homeless and in desperate need after Typhoon Haiyan ravaged part of Southeast Asia last November.

“Some people ask ‘why don’t you just send the money’?” says Scott. “The answer is you don’t know how much those people appreciate seeing an American face there. It tells them ‘we have not forgotten about you’.”

“Our team had to drive and take the ferry many hours to Cebu to purchase building materials because there were no materials available near Tacloban”

Scott has trained as a volunteer disaster relief worker with the Salvation Army and had real-life on-the-job experience in New York during 9-11 and in New Orleans after Hurricane Katrina.

“I actually had never been to New York before 9-11,” says Scott who heard the news and within days was on his way to the site of the Twin Towers attack in Manhattan. “I was attached to the New York Medical Examiner’s Office and my job was to be a driver and deliver supplies to different locations around ground zero.”

“It was very difficult,” says Scott. “They considered the area to be an open grave and people were very angry that their friends and family had been murdered basically. Hurricane Katrina and Typhoon Haiyan were natural disasters but there was still a lot of hurt and sorrow and loss.”

Kip Scott specializes in personal injury law. Although the situations are profoundly different, his clients are often being tossed about in a firestorm of devastating personal circumstances. “Many of the people I see in my practice in Irvine, California are going through the worst time in their lives. Many of them can’t work, they have huge medical bills, and they are in emotional pain or physical pain. We try to find them a way out and help them rebuild their lives.”

In the Philippines, three months after Typhoon Haiyan, search and rescue teams continue to look for bodies of the missing and dead. Typhoon Haiyan (which translates to Typhoon Yolanda) killed more 6,000 people and hundreds of thousands are still without running water and electricity. It was the strongest typhoon ever recorded with sustained one-minute wind speeds of 195 mph.

On the ground for several weeks last November, Kip Scott and others from his church group at home in California hooked up with the Philippine Red Cross, Unicef, local community groups, and hundreds of other relief workers from around the world.

“We just said, ‘what do you need’?” says Scott.

The community they arrived in had water—but shelter was in short supply. Scott and his group got a hold of hundreds of sheets of roofing material, provided a truck, a driver and two haulers and began distributing the building materials to 73 families in a small out of the way place called Barangay San Jose.

“It was very inspirational to see people from countries around the world coming together to help,” says Scott. “In other ways it was difficult to hear the stories of the survivors and the stories about those who didn’t survive.”

Scott’s group helped hundreds of people recover from a devastating storm by providing food, clothing and shelter.

“Handing out Life Straws to survivors so they could drink water from the dirty river near a trash dump site.”

“Family members posted missing signs throughout the city and airport. Many survivors walked the beaches looking for their loved ones among the dead.”

 

“These people have gone through a tremendous ordeal and you want to be respectful. In our disaster recovery training we were taught to never say ‘I understand what you are going through’, because you really don’t,” says Scott.

All in all, Scott and his team were able to serve 870 individuals including providing new roofing for 73 families. Reflecting on his experience Scott says, “There are just overwhelming needs. We worked every day we were there from 8 a.m., getting back to our place about 8-9 pm. We all wish we could give more and do more but our time was up.”

Kip Scott is a senior partner with the Personal Injury Law Center in Irvine, California. The firm serves southern California from Santa Barbara down to San Diego. The firm has recovered millions of dollars for persons injured through no fault of their own. Scott has been recognized for his volunteer work with homeless children, Hurricane Katrina, and the Ground Zero Recovery Team.

 

Tags: Attorney Kip Scott, Charitable Work, Disaster Relief, Irvine California Attorney, Lawyers Giving Back, Philippines, Tacloban, Typhoon Haiyan
Posted in Emerging Issues, Lawyers Giving Back | No 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 »