Classic Scam: Just How Does 3 Card Monte Work?

August 26th, 2010. By AbiK

Now here’s a scam we don’t talk about much, but on any given day in city (NYC that is) in the summer, you’re bound to run across a small group of folks who are wowing the crowd with some slick moving 3-Card Monte.

Given that we report about scams quite a bit here at LawyersAndSettlements.com, this video caught my eye. Sure, you’ve always known it was a scam, but c’mon, I bet you’ve stopped to look at the action–and maybe you’ve lost a few quid after getting sucked into playing…?

Regardless, in the spirit of “buyer beware”, check out the video above–it’s one of the best I’ve seen for giving an explanation about 3-Card Monte–how it works and how you lose…

Understanding what’s Defective in Defective Products

August 25th, 2010. By Kristine B

It’s a phrase we hear thrown around all the time in relation to lawsuits, and it’s one that many people vaguely recognize but may not fully understand: defective product. This week, Pleading Ignorance examines defective products.

A defective product is one that doesn’t work as expected and puts the user at risk of unexpected danger. Defects can occur in how the product is designed, how it’s manufactured or how it’s marketed (if the advertising for a product gives unreasonable expectations for how safe the product is).

Defective products can be any product a person buys: medications, medical devices, furniture, food, toys, automobiles…you get the picture. Even if the consumer doesn’t purchase the specific component but purchases a product that involves the defective component (think here of defective automobile brakes, where the consumer purchases the car, which includes the brakes), the product is still defective. In such cases, the victim may be able to sue the manufacturer of the defective component part and the maker of the overall product (in this example, the maker of the brake and the vehicle manufacturer).

Now—and this is important—the product must be used in the manner it was designed for. Using the product in an unintended manner and hurting yourself doesn’t make the product defective. So, if you use a knife to pick a lock and cut yourself, that doesn’t mean the knife is defective. Likewise, if you buy something from, say, IKEA (see photo above) and think that you know better than their engineers and you go and toss the supplied instructions for a more aggressive (and truly) DIY approach, don’t go crying “defective product” later when whatever you’ve built doesn’t quite “work”.

Also, there are some products that are inherently dangerous (chainsaws, explosives and so on). People claiming that these are defective have to show that there was a lack of proper warning about the safety related to the product or they have to show that the product malfunctioned even though they followed all instructions. If an explosive works as intended, it’s going to explode. But, if there weren’t adequate safety warnings about how to safely set off the explosive, or if the explosive went off before it was meant to, through no fault of the user, then the explosive could be a defective product.

Products that do not carry adequate warnings about their use or the risks involved in their use may also be considered defective. This is where some drug liability lawsuits come in. A drug may work exactly as intended but if the drug causes serious side effects and users aren’t warned about those side effects, then the drug could be considered defective.

To protect yourself, always read the safety warnings and instructions with any product you purchase and be sure to use the product only in the manner it was intended to be used.

Overweight and Want a Manicure? Pay a Fat Surcharge!

August 24th, 2010. By LucyC

What would you do if you were charged, without advance notice, an additional fee for wear and tear of equipment related to a service you were purchasing, simply because you are overweight?

For example, if you went into a nail bar for a pedicure, for an advertised price, and were subsequently charged an additional $5 more at the end of your session because you were deemed to be over 200 lbs? Yup, you read that correctly. The five dollars would be a kind of tax, fine, levy…actually, I don’t know what category, besides discrimination, that charge would fit under.

Neither does the person who was charged the $5, as it turns out. Oh, it’s a true story. Short version, Michelle Fonville from Georgia, was charged an additional $5 by Kim Tran, the salon manager of Natural Nails in DeKalb County, as a surcharge to the salon for chairs broken by overweight customers, MSNBC.com is reporting.

It’s only my opinion, but I find that a bit of a cheek, for a variety of reasons, not the least being that all sorts of people use the chairs all day long—presumably—so how could wear and tear be solely the fault of people over 200 lbs? And, how could Ms. Tran Read the rest of this entry »

Islamic Center Controversy is Discriminatory

August 24th, 2010. By janem

A book I recently read has greatly influenced my opinion about the current Islamic issue—the controversy over the planned Islamic Center to be built near ground zero. I believe this book is so important, especially right now, given the current animosity toward Muslims. In fact, Zeitoun, by Dave Eggers, should be required reading in high school, just like “To Kill a Mockingbird”. The two books are similar– both tell a story of discrimination— except that the latter is fiction and Zeitoun is a true story.

Just days after hurricane Katrina, an American citizen from Syria was detained by the US government then inhumanely imprisoned without charges in a makeshift jail that sounds worse than Guantanamo Bay. Abdulrahman Zeitoun stayed in New Orleans after the flooding: He paddled from house to house in a canoe, helping neighbors and feeding dogs left behind. In return, the government treated him worse than an animal…

In August 2006 Kathy and Abdulrahman Zeitoun filed a lawsuit against the City of New Orleans, Mayor Ray Nagin, the state of Louisiana and the state police. The suit alleged false imprisonment and false arrest of Mr. Zeitoun during the aftermath of Hurricane. Katrina.  Here is the Disposition:

“Mr. Zeitoun was transported in the van to the Union Passenger train station in New Orleans, fingerprinted, photographed, and retained in police custody, where he remained for three days and suffered a large splinter for which he was denied medical treatment. On the third day, Appellants allege that Mr. Zeitoun was transported to the Elayn Hunt Correctional Center in St. Gabriel, Louisiana, where he informed the employees of his religious beliefs which disallowed the consumption of pork, but that this request was disregarded, as well as requests for medical treatment. Next, Appellants assert that Mr. Zeitoun was brought to a maximum security prison, where his requests to telephone his wife and have medical treatment  were denied, and that although he was eventually permitted to use the telephone, he missed his turn because he fell asleep while waiting.”

Mr. Zeitoun was charged with looting and possession of stolen goods and bail was set at $75,000.00. Because he never made contact with Kathy or anyone outside the prison, he was unable to post bond—no one knew where he was, except the government. He was suspected of being a terrorist. In fact one of his guards called him “Taliban”.

(Unfortunately the lawsuit was thrown out, but the Zeitouns’ are trying again.)

Back to the Islamic Center. All white people aren’t considered KKK, so why are Muslims considered terrorists?

Shame on you, Senator Harry Reid of Nevada and Howard Dean, former national party chairman, for calling the proposed Islamic Center project “a real affront to those who lost their lives.” What happened to Abdulrahman Zeitoun mirrors this kind of mentality toward Muslims and that is why I hope every high school student will read the book, and then do everything they can to ensure that prejudice and discrimination won’t happen again. “In America every Muslim has no rights,” Zeitoun said.  “There are too many stories worse than mine.”

By the way, Dave Eggers has given all author proceeds of the book to the Zeitoun Foundation, which is “dedicated to rebuilding New Orleans and fostering interfaith understanding.”

Applying for College? Take Notes on Westwood College Lawsuit

August 24th, 2010. By AbiK

Here’s a little tale of a consumer fraud class action lawsuit for you…

Girl finishes high school.

Girl wants to go to college.

Girl wants to be first in family to go to college.

Girl visits Westwood College in Denver, Colorado.

Girl wowed by representative at Westwood College.

Girl really wowed when told she’d be making $65k in fashion career upon graduation.

Girl signs on.

Girl takes out loans.

Girl graduates. In debt.

Girl makes $12 an hour as a bank teller.

Girl not happy.

Actually, girl pissed.

Ahh, the joys of the college go-see. The pre-admissions promises made. The distinguished alumni stories told. The bullshit, quite frankly. Not that you don’t leave most colleges with an education and a diploma in the end—and let’s face it, try getting a higher paying job without that little slip of paper. But my heart goes out to this girl—who happens to be Read the rest of this entry »