Go Ahead And Google Potential Jurors Says A New Jersey Court

The impact of technology on our lives is unmistakable, especially if you consider the effect these resources have in narrowing the scope of what information remains private and what is open to the public. For lawyers this can prove to be especially tricky as we seek to embrace the quickly changing technological landscape while holding firm to the traditions and practices that represent the very best of the law. That can be a tricky balance as the profession seeks to adapt to the changing times.

Nothing shows the impact of technology on the practice of law quite like this recent ruling out of New Jersey that allows trial lawyers with laptops to Google prospective jurors during jury questioning. Without a doubt this ruling will give a distinct edge to those litigators who have already integrated technology into their practice.

New Jersey courtrooms all have Wi-Fi capability, but a defense lawyer had argued that plaintiff’s counsel should be prevented from utilizing their laptop to Google potential jurors if defense counsel did not have access to the same because to allow the practice would create an inherent imbalance between those lawyers who use laptops in their practice and those who do not.

The trial court went along with this argument, but an appeals court reversed, holding that because the courtrooms all had access to the same technology in the form of Wi-Fi, the playing field was leveled. A nimble attorney will know enough now to take advantage of these advancements and not be punished because some in the field are slower to adopt.

While Minnesota courts are not all there just yet, we suspect it’s only a matter of time before all Minnesota lawyers adopt this kind of practice.

If you are faced with an need for a Minneapolis Lawyer, Lord and Faris stands ready to provide skilled, dedicated, and diligent representation to you. Please feel free to contact us at 612-333-LORD.

WalMart Sued For Employment Practices | Minnesota Injury Attorneys Lord and Faris

Wal-Mart is in the news again for its employment practices. This time a group of janitors are looking to sue the retail giant for wage and hour violations. The suit seeks certification of a class of immigrant janitors who are or have been employed at Wal-Mart stores in the United States and includes a subclass of members who were falsely imprisoned or otherwise confined by the company’s alleged practice of locking employees inside stores while they worked. Potential claims include violations of the Fair Labor Standards Act and the Racketeer Influenced Corrupt Organizations Act. Our MN injury attorneys at Lord and Faris are disappointed that these kinds of stories continue to make the news and hope some day employers see the value in paying their employees fairly and simply obeying the laws.

This is actually a second crack at class certification for the janitors. Their previous attempts were denied when a federal judge ruled that they had failed to show a uniformity among members since their work schedules, payroll and tax withholdings were all different.

The heart of the allegations also touch on the controversial issue of using immigrant labor. The plaintiffs maintain that Wal-Mart conspired with various other companies to avoid its responsibilities under the federal Immigration Reform and Control Act to verify work eligibility and that the company created the equivalent of a contractor system to save money by hiring undocumented workers and then exploiting them.

Wal-Mart denies the charges and, like previous employment battles, has chosen to fight back hard. They have already settled federal criminal charges stemming from workplace raids but deny these allegations outright.

Drug Manufacturers Could Soon Face New Claims

When discussing new law, typically those discussions revolve around recently enacted statutes or rules. Rarely do those discussions turn toward new causes of action recognized by a court, but in Pennsylvania, we are and perhaps elsewhere. That’s because in early August a panel of Pennsylvania Superior Court judges ruled that plaintiffs can sue drug manufacturers for a negligent design defect in their drugs, and that such a claim is separate and distinct from a strict liability design defect. While the ruling appears limited to Pennsylvania, it is possible that other jurisdictions, including Minnesota, could follow suit.

The ruling came against drugmaker Pfizer, who has since asked the appeals court to reconsider the ruling. Pfizer’s argument is that a negligent design defect claim would have the effect of second-guessing the federal regulatory regime that oversees all prescription drugs. The manufacturer also argues that the ruling is inconsistent with Pennsylvania law that holds that a Federal Drug Administration-approved prescription drug that contains an adequate warning is not, as a matter of law, defective or unreasonably dangerous.

This new cause of action would allow juries to see what the drug companies did in designing their products, rather than seeing what the companies said to plaintiffs’ doctors about the safety concerns of the drug. Plaintiffs attorneys say that such a claim is the only way to truly monitor ongoing bad practices within the industry.

While it is far too early to tell just whether or not this claim is going to survive, the case is useful in highlighting the fact that even in some areas of what seems to be well-settled law, things can change. That’s part of why we love what we do! Contact our inneapolis Drug Injury Attorneys at Lord and Faris to answer any questions you may have.

Wells Fargo Ordered To Pay Hundreds Of Millions For Predatory Practices

Wells Fargo took a hit recently in a class action case that has many in the banking industry taking note. U.S. District Judge William Alsup ordered the banking giant to pay an estimated $203 million for improperly processing customer accounts. The order followed a lengthy bench trial last spring.

The fees are connected to allegations that the bank processed debit card overdrafts in such a manner that it was able to maximize the fees it charged, thereby taking even more customer funds. According to plaintiffs the bank would routinely deduct customers’ largest charges first, thereby drawing down a customer’s available balance quicker. Once the account was tapped each following debit would incur its own overdraft fee. According to the order the bank went to “considerable efforts” to hide the manipulations while constructing “a facade of phony disclosure”.

These and similar practices have come under fire across the country and will likely be the focal point of the November midterm elections. Lawyers for Wells Fargo insist their client did nothing wrong and that the methods of processing transactions have been within the letter of the law. The bank went so far as to argue that the method of processing these transactions was actually in the best interests of the customers since it meant that mortgage payments and other large items were deducted first.

Not surprisingly, plaintiffs‘ attorneys saw the practice, and the order in their favor quite differently, describing it as a clear victory for consumers throughout the country and a repudiation of the kinds of predatory practices Americans fell victim to in recent years. Contact the Minneapolis Attorneys at Lord and Faris to answer any questions you may have.

Financial Reform Bill Includes Additional Whistleblower Protections

The dust has not yet settled on the financial services reform bill but already businesses are lining up in opposition to some of the most significant advances in consumer protection offered by the legislation. In particular, the law provides for a significant new incentive for whistleblowers who provide information concerning securities law violations to the United States Securities and Exchange Commission. The result includes additional penalties for businesses that violate securities laws, including the disgorgement of profits that stem from those violations.

Under the bill, the SEC will pay whistleblowers cash rewards of between 10 percent and 30 percent of any monetary sanctions in excess of $1 million that the government, because of that person’s help, is able to recover through either civil or criminal proceedings. The information provided by the whistleblower must be original to the whistleblower and not something already known by the SEC or alleged in a court or administrative hearing proceedings.

In addition to creating a financial incentive for reporting SEC violations, the bill also closes key loopholes in the anti-retaliation provisions of the Sarbanes-Oxely Act and the False Claims Act. To that end, employment lawyers hope the new bill will begin to function as a critical component in the regulatory scheme and see the complaints from businesses as overblown. Considering the amount of damage done from the Madoff Ponzi scheme, with victims losing billions of dollars even here in Minnesota, a tightened regulatory structure that makes sure regulators don’t fall asleep at the wheel is a welcome change.

For a free evaluation of your case, call us at 612-333-LORD , and our personal injury attorneys and nurses can meet you in either Minneapolis or St. Paul.

Truth About The High Profile McDonald Coffee Cup Case McDonald Coffee Cup Case

In this case, an elderly woman was served coffee from a drive through McDonald’s Restaurant in February 1992. Stella Liebeck, who was approximately 75 years old was sitting in the passenger seat of her son’s car while he drove. She ordered coffee that was served in a Styrofoam cup. The son stopped so she could add cream and sugar to her cup.

Read more about this case…

BP Oil Spill Litigation Stacking Up

With the announcement that BP was willing to set aside $20 billion in escrow to go toward damages claims as a result of the Deepwater Horizon disaster in the Gulf of Mexico came an implicit understanding that the explosion would result in a significant amount of litigation. And given that the damage done to the Gulf will span states, possibly even venturing into international waters, the geographic scope of the battles is shaping up to be epic.

It therefore came as no surprise to learn that many of the top law firms from Gulf Coast states like Florida have already been retained to defend key players in the explosion. BP, Halliburton Energy Services, and Transocean have all hired prominent Floridian firms to represent them. Expect more news like this in the coming weeks and months.

It is still nearly impossible to measure, in terms of dollars, the scope of this disaster. So far it is safe to say that the Gulf Coast stands to lose potentially billions in lost tourism dollars. The fishing industry will most certainly lose a significant amount of revenue, with some areas facing a total decimation of the trade.

Even though it is early in the process, the scope of the disaster is significant enough that parties are already discussing the possibility of turning the federal lawsuits connected with the BP oil spill into multidistrict litigation. If that is done it means the suits would be consolidated, a move that typically results in a more efficient, uniform process for managing literally thousands of claims.

Because the stakes are high in this litigation representatives for both plaintiffs and defendants are hard at work lobbying for where such litigation would take place. Attorneys for the plaintiffs would like to see the suits in Florida, while representatives from the oil and gas companies would like the case situated in Texas. No matter where the cases end up, courts will be dealing with the aftereffects of the BP oil spill for years to come.

While Minnesota may seem like a long ways away from the Gulf of Mexico, we have had our own brush with spills. The attorneys at Lord & Faris helped one couple affected by a crude oil spill in Staples, Minnesota and know that these kinds of disasters permanently change lives and landscapes.

Let us protect your rights to a maximum possible cash settlement award – make today the day you decide to contact the injury attorneys at Lord & Faris.

Personal Injury Attorneys at Lord & Faris Minneapolis & St Paul MN

When you choose a personal injury attorney at Lord & Faris, you’ll receive exceptional legal representation from a firm that offers three offices conveniently located in downtown Minneapolis, St. Paul and Excelsior. You should know that we receive no up front fees whatsoever, which means your St. Paul personal injury lawyer doesn’t get paid until after we win your case.

Let us protect your rights to a maximum possible cash settlement award – make today the day you decide to contact the st paul personal injury attorneys at Lord & Faris.

The Importance Of Knowing Your Terms In A Contract

One of the benefits of forms of alternative dispute resolution like arbitration is that they can allow parties a certain flexibility that traditional litigation does not. However, with that flexibility can come many areas where both companies and individuals can falter. Take a recent decision out of New Jersey. According to the New Jersey Supreme Court if an employment contract that contains an arbitration clause does not define the triggering term “just cause” for discipline the arbitrator can fill in the meaning, and the parties will be stuck with it.

This ruling is not a substantial departure from the legal maxim that contractually vague terms are construed against the drafter, and it offers an important lesson for all parties involved in contractual relationships with these kinds of clauses. First, make sure you understand what you are signing. If you do not, ask for clarification or, better yet, the opportunity to discuss it with counsel like the minneapolis meditation attorneys at Lord & Faris. It is always better to have an unclear term explained to you rather than assume you understand its meaning, particularly when negotiating a contract. The last place you want to be in is the wrong end of a contract interpretation, and as a decision like this one out of New Jersey illustrates, your fate could be in the hands of how an arbitrator defines that term.

The experienced attorneys at Lord & Faris believe strongly in the benefits of alternative dispute resolution practices and have confidence in those arbitrators in the Minnesota system. That said, knowledge is power and it is always better to have clarity in contract negotiations than not. If you have questions about the meaning of an alternative dispute resolution clause in your contract, do not hesitate to contact us.

Doctor’s Ban Highlights Debate In Vaccine-Autism Link

The debate surrounding the link between a common vaccine and autism got a little more heated as Britain’s top medical group announced Monday that it had banned a doctor whose research first suggested the link. Dr. Andrew Wakefield was the first doctor to publish peer-review research suggesting the link between the vaccine for measles, mumps and rubella and autism, though the study was later discredited. Dr. Wakefield eventually moved to the U.S. and set up an autism center in Texas. The ruling in Britain only applies to Dr. Wakefield’s right to practice medicine in the U.K., not in other countries.

U.S. courts appear to be heading towards the same conclusions as Britain. Two rulings by a special branch of the U.S. Court of Federal Claims in March and again last year found no link between the MMR vaccine and autism. However, over 5000 cases have been filed by families claiming their children have developed autism after exposure to the vaccine and seeking compensation for that injury.

The Wakefield case is a really good illustration of just how difficult it can be to prove the link between a drug, in this case a vaccine, and a particular injury. Here, not even the doctors agree on whether or not there’s a link between the MMR vaccine and the dramatic rise in autism diagnoses. Yet there’s no denying that the families affected by the disease strongly believe there is a link and now face a lifetime of challenges. It’s the kind of delicate situation the Minneapolis personal injury attorneys at Lord & Faris see on a regular basis. If you believe you or a family member has been injured by a drug, contact our offices for your free consultation. We can help you navigate this complex and confusing area with knowledge, experience, and compassion.