Education and Assistance Are Vital to Success When Pursuing Litigation Involving a Business
Deciding to file a civil action is not a light undertaking for individuals, but businesses face far more complexity. Among the myriad choices is who should be the actual party that sues; who will be the plaintiff? You as an individual, the company, perhaps both, and perhaps neither. But first, a word of caution: there are scare few places where an attorney’s advice can better save you from a fatal mistake, but the following basic outline presents some initial issues at the outset:
The foregoing can serve far better as an introduction to problems rather than a recipe for blind solutions. An experienced attorney can help you maximize your chances of recovery and protect everyone’s assets from counterclaim liability by choosing the right plaintiffs for the right allegations by navigating these and many other issues.
If you believe you may have a personal injury legal claim arising out of the operation of your business, please contact us to discuss a free case evaluation.
If your pet bites someone, you’ll be exposed to immediate legal risk if the victim becomes injured. Fortunately, pet attacks are governed by ordinary civil law, but there are several major differences compared to most civil litigation. Recognizing the legal presumptions against you can help you focus on the nonstandard measures that are more likely to keep plaintiffs away.
In Animal Bite Cases, Some Trial Strategies Are Inherently Unavailable
As a preliminary matter, the effectiveness of your defense is handicapped from the start because of a few factors:
With So Few Defenses, the Best Strategy Is to Demonstrate Good Character If Your Pet Has Bitten Someone
What can you do? Because the fundamental protections of the law will not particularly help your pet be treated fairly, an alternative approach becomes attractive:
These efforts may not make much of a difference, but every bit helps. A pet’s death can be severely traumatic for a pet owner, but there is a stark reality you must face. Innocent, wonderful dogs and cats are euthanized all the time; most people are simply desensitized to animal death. Raising a gentle pet that’s comfortable around strangers may be the only effective prevention you can seek.
If your pet bites someone, your best defense is to seek the advice of a personal injury lawyer experienced in animal bite cases.
If you need help with a legal problem, litigation conducted by an attorney may not be your only option. There are two common alternatives you may wish to consider: arbitration and mediation. Each has distinctive advantages and disadvantages, but being familiar with their basic parameters can help you decide which path to take.
Between litigation, arbitration, and mediation, the essential difference comes down to a single question: who decides? First, however, there’s a caveat: you may not have any choice at all. If your dispute is fundamentally over a written contract, it probably sets forth in specific detail how any disputes would be resolved. Decades ago, these provisions generally took for granted that disputes would end up in court—the real question tended to be which court in which state—but those days are over. The nearly-universal choice of businesses now is arbitration—and it generally doesn’t favor consumers:
However, arbitration may not be a bad option for consumers when the law is clearly on their side, or when any underlying legal issues aren’t tilted against them. Because arbitrators are generally in the habit of finding in favor of businesses, you may have to make your case forcefully. If you want to preserve friendly relationships, mediation is attractive. If you have significant damages such as in the case of a personal injury, litigation is the most likely to result in equally significant compensation.
Your civil case is over and you’ve been awarded money damages, large or small. Too often, though that’s only the beginning, because actually collecting the money can be difficult and prolonged if you attempt to do it yourself. Knowing the circumstances likely to apply to your case can help you set expectations and allocate your resources effectively. Here are some common factors successful plaintiffs confront when they attempt to recover the money they’ve been awarded:
An attorney can be useful managing this process, and may work on commission instead of by hourly fees. This may not, however, be the same attorney who represented you in the actual case. When debtors are out-of-state, on the run, or are assisted by attorneys themselves, finding a competent attorney can make the difference between having a piece of paper and collecting the compensation you deserve.
As experienced personal injury attorneys committed to helping Minnesotans receive fair and just compensation for their injuries, we aggressively pursue recovery of judgments. If you have a question about a pending or outstanding judgement you have received, please contact us.
Cyber Monday: the Monday after Thanksgiving when retailers want you to shop online for everything you should have bought Friday, but didn’t. It can offer enormous advantages over in-store shopping, but Internet identify theft is a poison pill that can make holiday shopping do more harm than good. A small number of sensible precautions will go a long way to protecting you from the risk of online exploitation any day of the year.
A safe online purchasing experience begins with the basics of being online at all: virus checking. A common virus, Trojan, or other malware can erase your data or slow down your computer until it’s unusable. You can’t make safe purchases on the Internet if you can’t access the Internet in the first place. Here are some specific steps to afford maximum protection:
Helpful as these steps should be, they can’t eliminate entirely the possibility of suffering economic injury from identity theft. If that happens, attorneys you trust can help you assess the state of your online and financial safety and explore any opportunities for compensation through the courts which you may have as a result of identity crime.
Anyone who has stepped foot into a gas station or the check-out line in a grocery store has noticed the explosion of pocket-size energy shots and energy drinks resembling soda. Energy drinks such as Rockstar and Red Bull as well as small shots such as 5-Hour Energy promise concentrated jolts of energy. The safety of these products is currently under scrutiny. The FDA has received at least five reports of deaths related to Monster Energy use since 2009.
Due to rising concerns about safety of these products, many countries now regulate their sales or attempt to reduce the rate of purchase through heavy taxation. Other countries such as Canada have set a limit on the amount of caffeine they may contain. In the United States, some congressional members have pressed for a review of the entire energy drink industry. The New York Attorney General currently is investigating several companies. However, due to a regulatory gray area regarding disclosure of caffeine amounts, the Food and Drug Administration has not yet acted, claiming they do not yet have enough evidence to do so. FDA studies of the products, however, continue. But with the reports of the recent death of one teenage Monster Energy consumer, the agency is under increasing pressure to take action. Monster Energy’s manufacturer disputes claims that its products are unsafe.
The bottom line is consumers deserve to know that the products they are buying are safe. Then they can make informed decisions regarding their use. The difficulty with energy drinks – as with some other products – is that sufficient information is not available, and it is feared that manufacturers are taking advantage of the situation by marketing unsafe products.
Injuries and sometimes fatalities can result from defective or dangerous products. If you or someone you love have suffered ill affects from energy drinks or other questionable products, seek the advice of an experienced product liability attorney.
At least 111 clinics in Minnesota obtained drugs from a Massachusetts facility that is linked to the national fungal meningitis outbreak that has now turned deadly. According to reports the clinics are located all over the state and not just concentrated in the Twin Cities metro area, which will create challenges for health officials in identifying and containing the outbreak. However, since only one steroid made by New England Compounding Center is involved in the current meningitis scare and while it appears that the outbreak has been correctly identified and isolated the FDA has warned that there is no guarantee that the other drugs produced by this pharmacy are safe. It appears the investigation has just begun.
According to Minnesota Public Radio reports, health care providers have already been in touch with their patients who have been exposed to NECC products which are potentially contaminated with the fungus. The Minnesota Department of Health receives daily calls about patients with meningitis symptoms who received other injectable drugs from NECC and they have been in the process of contacting those people they believe may be affected by the outbreak. Clinic officials have also been contacting state public health officials as patients present in emergency rooms and urgent care clinics with possible symptoms of fungal meningitis.
Although to date the only NECC drug linked to fungal meningitis, methylprednisolone acetate, there are possibly other contaminated drugs distributed by the facility. The FDA is also investigating a transplant case in which a patient developed a fungal infection after being administered a cardiac solution from NECC.
This latest public health crisis is yet another reminder why this country needs a robust regulatory structure. Drug manufacturers face constant pressures to cut corners to produce more product at higher profits, and those priorities are in stark contrast to the public good. The public has no ability to police against contaminated drugs and these are problems a truly free market will correct only after dozens if not hundreds of lives have been lost. Some things just shouldn’t be left to that kind of market correction.
If you or a loved one believe you may have been given the steroid linked to the fungal meningitis outbreak, contact the attorneys at Lord & Faris for a free consultation.
We are writing to advise our many clients and friends to be aware of the possibility of contracting fungal meningitis if they have received a lumbar epidural steroid injection for the treatment of pain in the lower back, neck or other joints such as ankle, wrist, elbow, or knee.
If you have one of the symptoms listed below and were injected at one of the clinics listed, make sure you go to your doctor immediately to be tested for fungal meningitis. If you have been diagnosed with the disease, you may have a claim against the manufacturer and we encourage you to call us for guidance in a possible legal claim at 612-333-LORD (5673).
At least 17,000 people have been exposed to a tainted steroid that has been linked to fungal meningitis that has killed several people and sickened others.
The following clinics in the Metro area used the drug methylprednisolone acetate for the treatment of back, neck and joint pain:
The company that manufactures this drug is the New England Compounding Center (NECC) which is located in Framingham, Mass. The company has closed its business and recalled all its products.
Fungal meningitis is not contagious. The only treatment available is an antifungal drug; voriconazole or amphotericin B. The incubation period for the disease to appear can be a few days to a month.
According to the New England Journal of Medicine, the signs to look for in a person with meningitis of subacute onset (1 to 4 weeks) following epidural injection on or after May 21, 2012 include the following:
While the CDC is only aware of infections occurring in patients who have received epidural steroid injections, patients who received other types of injection (e.g., joint injection) with potentially contaminated methylprednisolone acetate should also be contacted to assess for signs of infection (e.g., swelling, increasing pain, redness, warmth at the injection site) and should be encouraged to seek evaluation (e.g., arthrocentesis) if such symptoms exist.
If you or any of your family and friends have been treated for pain, please alert them or have them contact us with further questions at 612-333-LORD (5673).
Yours in Good Health,
Priscilla Lord Faris
Lord & Faris Law Firm
The sight of someone getting hurt at a football game is not uncommon, but unfortunately not every injury is down on the field. As a football fan, you should be aware of potential dangers when attending the next game, because fan injuries (and sometimes fatalities) can and do happen. If you’re aware of the crowd around you and the problem spots, you should be able to avoid getting into trouble. Here are your top three hazards:
Note that for two out of the three above danger areas, alcohol can play a significant factor. As you’re out enjoying the next football game – whether it’s high school, college, or NFL, be safe and be aware of potential hazards around you. Fans, football, and alcohol can be a recipe for fun – or for injury. If you’ve sustianed a personal injury at a sporting event, contact the personal injury attorneys at Lord & Faris to see if you may be entitled to compensation.
Even in the context of law school admissions and rankings the temptation to stretch the truth for a competitive edge can be too much. The University of Illinois College of Law must pay a $250,000 fine to the American Bar Association for inflating the academic credentials of its incoming students, under a censure the ABA announced on July 24.
It was the first time the ABA has fined a school for misreporting consumer data, and Villanova University School of Law is the only other school to have been censured for inflating its numbers in the past 25 years, a spokesman said.
The ABA’s Council of Legal Education and Admissions to the Bar concluded that $250,000 was proportionate to Illinois’ wrongdoing and represents a “small fraction” of the school’s annual budget, according to the censure letter.
“The conduct of the University of Illinois College of Law in connection with the intentional reporting of inaccurate admissions data to the ABA and the public was reprehensible and misleading to law school applicants, law students and law schools, and damaging to the reputation of the legal profession,” the censure reads. “The conduct of the College of Law undermined and continues to undermine confidence in the accreditation process.”
The money will go into a fund the ABA uses “for monitoring and enhanced compliance with the data reporting and publication requirements,” the council said in administering the sanctions.
In another aspect of its censure, the ABA revoked Illinois’ waiver of an accreditation standard that requires schools to use the LSAT in admitting students. Illinois obtained the variance in 2009, allowing it to launch a program called iLEAP, which allowed certain Illinois undergraduates to gain admission without taking the test.
The ABA noted that the variance was not intended to help the law school bolster its U.S. News ranking, but that a university investigation concluded that the school used it to that end. The law school dropped 17 spots in the U.S. News rankings to reflect its accurate credentials, landing at No. 35.
There’s a name for this kind of practice: puffing. And when puffing goes to far, it’s fraud.
Need legal advice? Contact the attorneys at Lord & Faris and let us help.
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Address: Lord & Faris Law Firm, 111 Third Ave South, Suite 110, Minneapolis, MN 55401. Phone: 612-333-5673 Lord & Faris Law Firm
Lord & Faris Law Firm
The Law Firm of Lord & Faris is a Minneapolis and St. Paul based personal injury law office that works for individuals and families throughout Minnesota including the following cities: Minneapolis, St. Paul, Plymouth, Burnsville, St. Louis Park, Golden Valley, Edina, Bloomington, Eden Prairie, Eagan, Richfield, Maplewood, Roseville, Brooklyn Park, Maple Grove, Blaine, Lakeville, Woodbury, Duluth, Coon Rapids, Lino Lakes, North Oaks, Stillwater, White Bear Lake, Minnetonka, Apple Valley, St. Cloud, Plymouth, Rochester, Wayzata, Excelsior, Chanhassen, Chaska, Mankato, Marshall, Hibbing, Brainerd.