Free Advice: Check Fuel Before Stealing Car*

November 30th, 2010. By LucyC

He’s Not Driving With A Full Tank. Heads up—cars in showrooms do not come with gas, as a man in Albany, Georgia found out recently. Jacory Phillips was arrested by police after the new car he allegedly stole from the showroom floor at Five Star Nissan in Albany ran out of gas during his getaway. This never happens in the movies.

But it doesn’t sound like there was a massive police chase that led to his arrest. Rather Phillips, in full problem-solving mode, began begging for money to buy gas—at a gas station. Logical, but not normal. In fact downright suspicious to some people who called the police to report him.

According to the police, Phillips broke into the dealership Thanksgiving night and drove a 2011 Nissan Altima through the glass showroom doors.”He literally drove it off the showroom floor,” said Albany Police Department spokeswoman Phyllis Banks. “He damaged the doors on the building and then fled the scene.”

Turns out Phillips has been charged and convicted of several petty crimes since 2007, including an incident in 2008 when he allegedly punched his mother. Not sure how the two things are connected except that it’s all bad behavior. 

Take Out Pizza Takes Out Savings. A woman in Bristol, CT, recently paid $2,600 for a pizza, which was supposed to cost $30. Katie Boucher paid by for her pizza with a direct debit bank card, the beginning of all her problems, which were not insignificant.

“The guy at the register was using the credit card,” Katie Boucher told WFSB-TV, Hartford. “He was pushing all kinds of buttons, and my husband knew something fishy was going on. The receipt printed out for $2,600 for our $30.50 pizza.” So Katie and her husband went home and Read the rest of this entry »

National Class Action Pursues Separation Pay for Discharged Gays

November 30th, 2010. By BrendaC

LawyersandSettlements.com has a new column that looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Attorney Joshua Block of the ACLU…

Attorney Joshua Block: “…even if you believe that DADT was necessary…it doesn’t provide a reason to cut someone’s separation pay in half.”

It’s like pouring salt on the wound, say critics of the government policy of cutting separation pay in half for men and women discharged from the US military under the controversial ‘Don’t Ask, Don’t Tell’ (DADT) rule.

The American Civil Liberties Union (ACLU) has just filed a national class action claiming the practice violates the rights of the former service members under the equal protection and right to substantive due process components of the Fifth Amendment.

“A little over a year ago, a former member of the US Air Force, who had been honorably discharged under DADT, came to us and said his separation pay had been cut in half and wanted to know if we could help,” says ACLU attorney Joshua Block.

Since the administration is on record opposing discrimination against gays in the military, Block and the ACLU thought this would be easy to reconcile, but after a year of letters and telephone calls, nothing has changed for former US Air Force Staff-Sergeant, Richard Collins. 

“We finally sent a demand letter saying we hope you fix this policy, but if you don’t, we have no choice but to bring this litigation,” says Block.

During his nine-year career, according to the documents filed by the ACLU, Collins had been an exemplary member of the armed forces. He was awarded a good conduct medal, served in Kosovo and was promoted quickly through the ranks.

Collins was honorably discharged in 2006 after two civilians who worked at his base reported seeing him kissing a boyfriend in a car stopped at red light. Collins was off duty, dressed in civilian clothes and more than 10 miles from his base in Arizona.

And Collins is not alone in being short-changed on separation pay. The amount of money owed to military personnel kicked out for being homosexual is “not insignificant,” says Block. “And the policy is offensive.” 

“It is rubbing salt in the wound,” says Block. “These people are kicked out of the military through no fault of their own and then on top of that their separation pay is cut in half.”

The argument against gays in the military has historically been that it affects troop morale says Block. “So even if you believe that DADT was necessary for unit cohesion, it doesn’t provide a reason to cut someone’s separation pay in half,” he adds. 

The class covers anyone who was honorably discharged over the last six years—with at least six years of service, and had their pay cut in half. 

Although how many ex-military personnel might qualify as members of the class is unknown, it’s estimated there may be as many as 500 potential class members.

The suit asks that former service members be paid the money owed to them with interest, both pre- and post-judgment, and that the attorney fees also be paid. 

The claims court cannot provide injunctive relief to plaintiffs says Block. “That’s beyond the scope of claims court; however, hopefully a judgment in our favor would stop the practice once and for all.” 

Joshua Block is a staff attorney with the American Civil Liberties Union in New York City working on the ACLU Lesbian, Gay, Bisexual and Transgender and AIDS Project.

What Does Mitigating Damages Mean?

November 29th, 2010. By Kristine B

“Mitigation of Damages”.

It’s a phrase used every so often in relation to lawsuits—or catastrophes: mitigating damages. But, many people don’t understand what mitigation of damages means. This week, Pleading Ignorance explains mitigation of damages and what it means to potential plaintiffs and, possibly, you.

Mitigation of damages means that a person should use reasonable care and diligence to avoid or minimize injury. That means that a victim (or plaintiff) should have done everything reasonably possible to avoid harm, or to at least minimize it. It does not mean that a plaintiff is required to move heaven and earth to avoid injury or harm, but it does mean that he or she must have done whatever is reasonable to avoid injury.

So, let’s take the example of a person injured in a car accident. If the person injured in the car accident does not obtain (or accept) necessary medical help following the accident, then any harm done as a result of not seeking medical help can be viewed as the victim’s fault—and perhaps not the fault of the other driver. It’s sort of like the “you can take a horse to water, but you can’t make him drink” adage. If you (as a hypothetical plaintiff in a car accident case) either refuse medical help or do not seek it out when you clearly should have, then you may be held responsible for it. If the horse doesn’t drink and gets dehydrated (or worse), who’s to blame? The horse.

So what might this mean for the plaintiff? Damages awarded to the plaintiff might be reduced if Read the rest of this entry »

Asbestos News Roundup: 11.26.10

November 26th, 2010. By LucyC

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

Asbestos Lawsuits

Boston, MA: Arthur and Joan Tucker have filed an asbestos lawsuit naming 37 defendant companies. The suit alleges that the companies caused Arthur Tucker to develop lung cancer after his exposure to asbestos-containing products throughout his career. 

The suit further claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Arthur Tucker’s safety. As a result of his exposure to asbestos containing products and his subsequent diagnosis of lung cancer, Arthur Tucker became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the suit states. Moreover, the Tuckers claim, because Mr. Tucker became prevented from pursuing his normal course of employment he lost large sums of money that would have accrued to him, and his wife has been deprived of her husband’s companionship, society and services because of the disease. (Stclairrecord) 

Asbestos Settlements

Brazoria County, TX: A $4.1 million settlement has been awarded to the family of a man who allegedly died of asbestos mesothelioma resulting from asbestos exposure at work. Diagnosed with the fatal disease in 2008, Jerry Johnston died eight months later at the age of 63.

For eight years in the 1970s he worked at Dow Chemical where he was exposed to asbestos gaskets and packing products. His family sued 20 entities. All of them settled or were dismissed except for John Crane Inc., which went to trial. The jury attributed 15 percent of the liability to John Crane, which reduced the $27.5 million award. (Verdict Search).

Red Bank, NJ: A man has been awarded $3.72 million in his asbestos exposure lawsuit. The man was diagnosed with mesothelioma after years of working with asbestos. Howard Bird, a 55 year old electrician, came into contact with asbestos on various job sites. Bird was diagnosed with mesothelioma, which led to him filing a lawsuit against the manufacturers of the asbestos-containing products he came into contact with. (The Daily Journal) 

Asbestos Hot Spots

Glacier National Park, AK: The headquarters building of Glacier National Park, located in the park, closed last week because of the potential for asbestos contamination within the building. The building is undergoing upgrades, with contractors installing a new heating and ventilation system. Some of the original building materials the contractors had to work through to install the new system may contain asbestos.

“We discovered we hadn’t tested for (asbestos),” Park spokesman Bill Hayden told the Hungry Horse News.

Erring on the side of safety, Park officials decided that rather than keep people in the building while tests are being done, the structure would be closed temporarily while tests are being done.

Employees left the building last Thursday and they’re being housed in temporary offices in Glacier’s headquarters area. The headquarters closure has little impact on visitors. Park staffers will man the Apgar visitor center seven days a week from 9 a.m. to 4:30 p.m. with the exception of the Thanksgiving Day holiday, when it will be closed. (Hungry Horse News)

Counting Your Blessings, Counting Your Pills

November 25th, 2010. By Hunter West

Can we talk?

Today is Thanksgiving—a time to count your blessings, in spite of an economic climate that may have left us with fewer blessings overall to count. And tomorrow may be a blacker Black Friday than normal, because we may not have the financial wherewithal to hit the stores and take advantage of all the deals. 

Be that as it may, on this day we count our blessings nonetheless—in between counting the various pills designed to keep us comfortable, to keep us alive. 

And to keep the drug companies not only in business, but thriving. 

Here’s the question… 

Do we really need to take all these drugs we are using? Have we become soft? Always looking towards the path of least resistance? 

We all learned from a young age that shortcuts often get us into trouble. “Do it right, do it once, measure it twice, cut it once, take no short-cuts,” Daddy always told us. 

You can’t take a short cut to a university education. Some do—by applying for those spiffy, legitimate-looking online diplomas that are worth nothing more than the paper they’re printed on. Taking a short cut to the corner office at work often means stabbing others in the back, or worse… 

My point is, you can’t take a short cut to your health. A person can’t expect to exude health by eating crap, drinking excessively and sitting on the couch all day (Thanksgiving aside, of course…). 

You can’t lose weight and keep it off without changing your lifestyle and getting regular exercise. 

You can’t put your faith in a pill and trust it will fix everything—particularly when the likes of Meridia, Avandia or Paxil are what’s in the pill bottle. 

But that’s what appears to be happening… 

There are pills for everything. Having to get up to pee in the night. Having heartburn. Having Read the rest of this entry »