Posted by admin on November 29th, 2009 — Posted in Politics, School of Health, World Of Law
Yaz is a popular birth control pill that is taken by millions of women around the world every year. As of late, Yaz has been linked with certain serious Yaz side effects and possibly life-threatening injuries. Women taking Yasmin, or its generic form Ocella, have reportedly suffered strokes, heart attacks, among other serious health problems. And adding to the already mounting scrutiny, the FDA has sanctioned the makers of Yaz and Yasmin for misleading television ads that did not properly informing consumers and misconstrued the conditions the pills were meant to treat.
Mass Tort is simply civil action that extends to a number of plaintiffs. This process is taken against one or more corporate defendants in court. Unlike a class action where a group of people take it upon themselves to bring forth litigation collectively, in mass tort the original plaintiffs and law firms use mass media resources to reach other possible plaintiffs that they would not ordinarily find. Those TV ads and websites questioning if you are a loved one have been effected by a particular product are the result of mass tort status.
Adult Females taking Yasmin, Yaz or Ocella to avoid getting pregnant or to treat PMDD (Premenstrual Dysphoric Disorder) or severe acne have reportedly sustained severe injury to their health and wellness. Although most pharmaceuticals present some form of side effects, the main topic surrounding Yaz seems to be that the original commercials downplayed the health risks and side effects. This attracted users to the product that may not have taken it otherwise had they been properly informed about the risks posed by Ocella, Yasmin and Yaz.
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Posted by admin on October 18th, 2009 — Posted in Internet Home Improvement, Lots Of Software Resources, World Of Law
Atlanta home inspector - if you are looking to purchase a hew house in Smyrna, Atlanta, or Decatur Georgia, it will probably be very much the most expensive buys you will ever consider. When you are buying an Atlanta home, you don’t want to shop for a inexpensive home inspection or search out a bargain basement home inspector. The buyer will certainly want to find the best home inspection company in Atlanta Ga. The Atlanta home inspectors of The Inspection Company offer more than 12 yrs of experience, offer multiple certifications, and offer a guarantee of 200%. They supply an immense and extremely detailed Smyrna home inspection report. The Inspection Company extend Smyrna home inspections 7 days a week and offer extended hours as well. If you are in the market for a new home in the Smyrna, Decatur, or Atlanta Georgia and vicinity, and need a no nonsense home inspection report that gives you full disclosure on the new home that you are interested in, search no further than The Inspection Company. - the Atlanta home inspection company of choice.
Lancaster law firm The Hale Law Firm, P.C. serves a wide spectrum of individuals and businesses from our offices in Waxahachie, Texas, Cedar Hill Law Firm The Hale Law Firm work with clients throughout Dallas and Ellis County, including but not limited to: Red Oak, Waxahachie, Midlothian, Ovilla, Ennis, DeSoto, Glenn Heights, Ferris, Duncanville, Cedar Hill, Lancaster, Mansfield, Grand Prairie, Dallas.
Reverse Craigstlist software can produce incredible results. It can give you the ability to quite literally develop hundreds to thousands and thousands of leads in a matter of minutes by searching for info from postings on craigs list. Simple reverse craigs list software can provide an opportunity to quite literally move you business to the limit. You can pick which industry you are aiming at as well as specific geo areas, then push a button, wait, and watch the leads roll in. After this you then can make direct contact to these leads or manage them, export, save, and more. There are many companies now developing versions of reverse craigs list software and data mining software now. Discover this version for the best and most reasonably priced and easy to use reverse craigslist software on the market today. If you need leads, find qualified leads, and very tergeted leads, you will want to check out the best reverse craigslist software available to you.
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Posted by admin on July 28th, 2009 — Posted in Insurance Portal, Online Investment, World Of Law
2005 life settlement revolve around the sale of a life insurance policy by the owner of the policy for an amount less than the final value of the lifeinsurance policy, to investors. The people who invest hope to profit when the death of the original policy holder comes about by collecting more due to the death benefits than they paid out for the policy in the first place. That is, they pay out an amount lower than the transaction costs, purchase price, and any premiums required. This equates to higher profits the more rapidly the original policy holder passes. A viatical settlement is practically the same as life settlements, with the exception being that the life insured is chronically ill or terminally ill as outlined and defined by IRS regulations and codes. As of June 2009, viaticals and life settlements have become an 18 to 19 billion dollar industry. These type of investments have been around in America since 1911. During the notoriety of the AIDS epidemic of the 1980’s, these people’s policies began to be sought out by policy holders, also, the recent market situations and massive financial losses have also developed a demand for the purchase and for individuals to look out out these types of policies, as often, for older people, thier policy is one of their most worthly possessions.
In general, viatical and life settlement agreements are for the most part options for people of high financial standing and over 70 years of age. Independent estimates report that within this group of canidates, just about 20% of them have life insurance policies that would have a market price that exceeds the cash value offered by the life insurer. A largely growing number of experts now believe that informing clients about the possibility of offering life settlements and viaticals should fall under the fiduciary duty of financial advisers. This being said, outfits established in the industry are now placing an emphasis of viatical and life settlement education for financial industry professionals to facilitate that they can accurately present the life settlements or viaticals option to any and all clients who might possibly have positive results from it. , life insurance policy holders 70 and older are major canidates, but sometimes as low as 55 years old are eligible and or possible. Mostly, the life insurance policies of these people need to have a base face value of 50 thousand, and have been active for at least 2 years.
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Posted by admin on July 17th, 2009 — Posted in Biz Opps, World Of Law
Today some (questionable corporations are offering organizations and bank accounts in numerous assorted authorities with a shopping list of states available, almost all one of them no longer credible, many being based on Caribbean islands and are misleading the customers into thinking they are proper offshore authorities with secrecy benefits. That is so wrong!!!
Let’s study some things to search for when shopping for an offshore jurisdiction.
Bank Seclusion - Without this we are not participating. We want the bank to not be able to expose any data relating to the bank account as well as whether or not such a bank account even exists, unless there is an order from a competent court in the nation where the bank is located. More privacy than this does not exist any place nowadays. Numbered accounts, as well as Sparbuch accounts in Austria are no longer employed. Yes, I know individuals propose them for sale on websites but they are all long gone and phased out. The bank secrecy policies must be inscribed into the law of the nation in inquiry. Belize has no such bank secrecy policies published in their laws, people just seem to trust them even though there would be no legal penalty for them to uncover bank info if they realize it fit to do so. We need bank secrecy laws to call for imprisonment and civil penalties for any violations in addition to grant for one to bring a lawsuit against the bank for trespasses. Panada clears this certain requirement.
MLAT - Mutual Legal Assistance treaty. Many states have subscribed into these arrangements. For a listing of states that have inscribed into these agreements with the USA courtesy of the US Government click here: http://travel.state.gov/law/info/judicial/judicial_690.html
It is sensational as to how many states are in such agreements. Even Panama is in such an understanding but it is reasonably moderate in range.
Offshore Companies
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Posted by admin on May 2nd, 2009 — Posted in World Of Law
If you live in Florida and you’ve got yourself stuck with what looks to you like a lemon car, you’ll want to know about the Florida lemon Law. Florida’s Lemon Law is basically supposed to help consumers who have ongoing problems with getting a new vehicle fixed to met the manufacturer’s warranty.
The intent of the law is to require that manufacturers provide refunds or vehicle replacement should a car (or other covered vehicle) fail to conform to the warranty terms after a reasonable number of attempts have been made to repair the vehicle. The Florida Lemon Law can be located in Chapter 681 of Florida Statutes.
The exact definitions related to Florida’s Lemon Law are in Section 681.102, Florida Statutes (Supp. 1992). The precise definitions can be important in certain cases where the circumstances are not completely clear.
For protection under Florida’s Lemon Law, the following must hold:
Covered Vehicles:
(1) a new vehicle purchased mainly for household, family or personal purposes;
(2) new vehicles which are leased for more than one year with a written agreement providing that the lessee (that would be you) is responsible for repairs.
(3) vehicles which were used as demonstrators if they are sold with a manufacturer’s warranty - this is not actually a separate category, but more in the nature of a special circumstance.
Vehicles which are Not Covered:
(1) vehicles run only on tracks;
(2) off-road vehicles;
(3) trucks over ten thousand pounds gross weight;
(4) the living facilities of recreational vehicles;
(5) motorcycles or mopeds.
What Problems are Covered:
Any defect or condition that significantly damages the safety, use or value of a covered motor vehicle.
Problems which are Not Covered:
Any defect or problem which results from an abuse, neglect, modification/alteration of the vehicle by anyone who is not a manufacturer’s service agent or an accident.
Now that you have a good idea of just what is and isn’t covered under the Florida Lemon, Take a look at the followup article on “How to Work With the Florida Lemon Law.”
The Office of the Attorney General has published more complete information in “Preserving Your Rights Under The Lemon Law.” You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:
Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050
E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live n Florida and have been cursed with getting stuck with a lemon, you should read this article and visit http://lemon-law.werkz.info for more resources on dealing with a lemon vehicle.
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Posted by admin on May 16th, 2008 — Posted in World Of Law
10 Facts Your New York Personal Injury and Medical Malpractice Attorney May Not Tell You
By: Gerry Oginski, Esq.
1. Your lawsuit is not guaranteed to win or get you money. Even with a good experienced attorney, you may still lose.
a. This is true whether you have a great case, or even a bad case.
b. No one can predict the outcome of your case, even if you have all of your ‘ducks lined up’.
c. An experienced attorney is a guide and your advocate. He will do the best he can to achieve victory for you. However, not every case is worthy of winning, and not every case is successful. Even an attorney with an impressive list of wins to his credit can tell you of cases that he has lost. Unfortunately, that’s the risk that all parties take when a case goes to trial.
2. The true value of your case is unknown until every detail of your case has been evaluated by experts.
a. At the beginning of the case, your attorney must obtain all of your medical records.
b. He must evaluate liability in your case.
c. He must review all medicals and liability.
d. He then must have his expert(s) evaluate your case, from top to bottom.
e. He must do legal research to see what similar cases have settled for and what verdicts have been rendered in similar cases.
f. He needs to do a search of appellate cases to see how the appeals courts have addressed these types of injuries.
g. He needs to know what economic losses you have suffered and what your doctors believe you will need for your future years.
3. You (the client) are obligated to pay me back for my litigation expenses, even if you lose your case.
a. This is true. However, most lawyers in New York who handle medical malpractice and personal injury do not ask the client to be repaid for all of their litigation expenses if the case is lost.
b. Can you imagine the indignity to a client after losing a trial, to be told, “By the way, you now owe me $25,000 for my expenses?”
4. If you have health insurance, and health insurance paid for your medical bills, in all likelihood, you will be required to reimburse your health insurance company most of those bills…from YOUR share of the settlement, not the attorney’s share.
a. The reason is simple- Since you were the one who benefited from your health insurance company paying your bills (of course you paid those hefty premiums for this benefit) any money you recover, is repaid directly from your share.
b. Your share- that means that you don’t get your money until your insurance company gets their share first. Then and only then will you receive your settlement check.
5. If you bring a lawsuit on behalf of your child, any money that is awarded to your child CANNOT BE TOUCHED until he or she turns 18 years of age.
a. This is to protect your child’s money, plain and simple.
b. All too often, parents, most of whom are good intentioned and some who are not, have tried to take hold of their children’s money to use for their own purposes and debts. The Courts of New York refuse to make any exception to this rule.
c. Years ago, lawyers were only permitted to place this money into Savings Banks, where the money laid dormant earning minimal interest until the child turned 18 and it was withdrawn.
d. Nowadays there are usually better investment vehicles that will preserve the child’s capital, and at the same time generate better investment returns than typically found in a savings account.
6. If your lawyer screws up your case or makes a mistake, he is obligated to disclose the mistake to you and advise you to either file a claim against his insurance company, or advise you to seek counsel with another attorney.
a. The reason this disclosure is advocated is that if a lawyer screws up, the client will usually not know of the problem until much later. By that time, it may be too late to file a claim against the attorney.
b. The attorney is not supposed to gain or shield himself from such legal wrongdoing.
c. If you make a mistake, own up to it. Tell the client about it. Advise them of their rights at that point.
7. All lawyers in New York are required to take continuing legal education classes to keep up to date on legal changes.
a. It makes sense. You don’t want to have a lawyer who’s ‘out of touch’ with what the law is, you want someone who is current on the law, and how it applies to your case.
b. Generally, a lawyer is required to take 24 credits of classes over a two year period.
8. “Let’s sue everyone we can think of, then we’ll figure out who’s really responsible later.”
a. If this is your attorney telling you this, I’d think twice about his or her ability and ethical obligations.
b. If a lawsuit is started against someone without having a valid basis to do so, this could be considered frivolous litigation, and might subject the attorney and client to sanctions and fines. Make sure you know who you’re suing and why.
9. If you lie about the facts of your case, or about the extent of your injuries, I am out of here.
a. If I find out that you have lied about material items concerning liability or damages, I will be first on line in Court asking to be removed from your case.
b. You must tell the truth about what happened to you, and how your injuries have disabled you.
10. Even though I tell you I pay all of the litigation expenses, there may come a time when I might ask you to pay for them, otherwise I will not continue on your case.
a. The lawyer says he pays all expenses on his dime.
b. At the end of the case, when and if money is obtained for you, the lawyer is reimbursed for his expenses.
c. In a few rare instances I have seen an attorney ask the client to directly pay for their experts to come into trial, since new information indicates that the chances of winning the case are slim to none. In those cases, the attorney wanted to cut his losses and told the client, if you don’t pay for the experts yourselves, “I’m asking the Court to release me as your attorney.”
d. The bottom line- ask your lawyer whether this might ever happen.
Comment: I hope this article has opened your eyes to certain facts that need to be addressed with any New York attorney you choose to handle your injury case. Remember, the more information you have, the better choices you’ll make. If you have any questions, please feel free to call Gerry (at no obligation or expense to you) at 516-487-8207.
Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
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