Archive for April, 2008

Litigation Transactional

litigation transactional
Five Cohen & Grigsby Associates Promoted to Director
PITTSBURGH, Aug. 4 — Cohen & Grigsby, a business law firm with headquarters in Pittsburgh, PA a…
Debra Grimaila, Attorney-At-Law Orange County Business Law

California Real Estate Fraud 101: Litigation Basics

A real estate litigation lawyer in California must prove five elements in a real estate fraud lawsuit.Generally an attorney must prove the following elements: (1) a misrepresentation (such as a false representation,concealment or non-disclosure),(2) knowledge of falsity (called ‘scienter’ in legalese), (3) intent to defraud or induce reliance,(4) justifiable reliance, and (5) resulting damage.All of these elements must be alleged in the complaint.

First there must be the lie.It can be an actual lie(or ‘misrepresentation’)or it can be the concealment of a material fact relating to the property or the transaction.The easier real estate fraud case to prove would involve a document by the defrauding person that is simply not true.In a recent case we have been handling, a seller of a shopping center provided the buyer with a signed and certified rent roll that simply misstated the amount of rent the tenants were providing.

The misrepresentation can also be the knowing concealment of a material fact.In our shopping center fraud case,the seller had the tenants sign false tenant estoppel certificates.While the tenants should not have signed false certificates,the seller still presented the estoppels to the buyer and actively concealed the fact that he knew these certificates were false.This too is fraud.

The next element is knowledge of falsity.That is to say that the person allegedly committing the fraud must know that the information he is presenting is false.In our examples above,it would not be enough to prove to a jury that the rent statements or estoppel certificates were false.As plaintiffs we would have to prove that the seller knew they were false.We would show that these sellers were active in the management of the center, were involved in leasing the spaces,knew how much money they were receiving each month and had even reached agreements with the tenants to lower their rents.

The third element of real estate fraud requires that a plaintiff show that the defendant had intent to defraud or induce reliance.This can be done by showing, for example,that the seller was trying to maximize the sales price by misrepresenting and concealing key facts.The seller did not tell the truth for fear that it would ruin the transaction.This element involves argument and a compelling story.

Misrepresentations do not rise to the level of fraud if the person hearing the misrepresentations does not rely on them.Therefore,the fourth element of a cause of action for fraud requires that the plaintiff have justifiably relied on the lies.In our shopping center case, the seller has cleverly admitted that his rent roll was false,that the estoppel certificates were inaccurate and that the operating statements he provided were untrue, but, he argues,he disclosed this all to the buyer before the close of escrow.

The point of this argument is that if the buyer knew these facts before he purchased the property, he cannot now sue for damages for fraud.If he knew, the buyer should just not have closed the transaction.The weakness in this argument, of course,is that it destroys the defendant’scredibility with a somewhat arrogant argument:”Sure, I lied and fabricated documents, but you knew I was a liar.”

Just as a real estate fraud case will not work if the plaintiff did not rely on the misrepresentations, it will similarly not work if plaintiff was lied to but was not damaged by those lies.In our shopping center case, the actual rental income turned out to be only about a third of the income that was promised.That is true damage.However, there are cases where the misrepresentation does not actually cause any true damage.While it is upsetting to have been lied to,the courts do not necessarily punish bad morals.They only award money if there was some actual damage.

For lawyers and real estate investors with potential real estate fraud lawsuits, make sure that all of these elements are present before filing your lawsuit.In California the absence of even one of these elements will destroy your case.

Litigation Case Manager

litigation case manager

New Jersey Probate Litigation: Protecting Your Rights

New Jersey is one of the famous places on the land of United States covering major importance of probate litigation and law.  No doubt it is counted among the most profound cities around the world. New Jersey is famous for many of its litigation cases that currently attacked media and news paper. Some of the most common litigation cases around US like that of Michael Jackson, Leon Helmsly, Anthony Marshall, Brooke Astor and many more made New Jersey Probate litigation more interesting and famous around world.

When you think about such famous cases, you must also get sure that New Jersey Probate litigation attorney are powerful and professional in every chapter of litigation and law. Russell J. Fishkind is an attorney handling litigation cases in New Jersey court with perfect law skills and knowledge. While Mr. Fishkind, handles Estate & Trust Litigation (40%), closely held business (30%) and Estate Planning and Probate (30%).

NJ probate litigation Attorney & lawyer, Mr. Russell Fishkind has been selected as best New Jersey Super lawyers in the year 2005, 2007, 2008 and 2009. You need to appoint an attorney regarding some of the most common cases of probate litigation like: Claims of undue influence, Lack of capacity, Change in titling of assets, demand for an estate accounting and objections to the accounting when produced, removal of an executor, actions challenging trustees or actions challenging trustees as to the investment management of portfolio.
For all the above cases, Mr. Fishkind is a perfect New Jersey probate litigation attorney or lawyer handling all your cases successfully and technically in the eyes of law. You can visit Russell J. Fishkind’s website for more information about New Jersey probate litigation and laws.  He is also the co-author of JK Laser’s famous book, Estate & Business Succession planning. You can mail your dispute case or problem to Mr.Fishkind and have that all you need from him.

Along with New Jersey probate litigation Attorney, Mr.Fishkind is also an Associate Adjunct professor in New York University’s department of finance, taxation & law. He is an expert teaching estate and financial planning to his fellow students in the University of New York. Russell J. Fishkind has written a book on Legacy of Lifetime, which is a famous book in US. It is layman’s guide for understanding estate and finance matters and also its related issues. He is a perfect guide to all the matters relating estate laws and finance.

Livingston approves settlement with TMB Partners
Residents on the border of the Deerfield section of Short Hills are one step closer to seeing an inclusionary housing development project from their backyards.

Litigation Chart

litigation chart

Accurate and Complete Medical Review Solutions

Accurate, Reliable, and Complete Medical Review Solutions

One can take advantage of accurate and complete medical review solutions from reliable, HIPAA compliant providers of medical record review solutions. Medical-legal consultants, insurance companies, independent medical examiners, chart/case review firms, private corporations, attorneys, physicians, insurance companies, and other entities can take advantage of these services.

The medical record review expert would perform analysis of all hospital medical records that are accessible. These include depositions, affidavits, physician records, and x-rays. Medical record review experts would try to determine a causal connection between the injury received by the patient, and departure from the acceptable. Assistance can be got for toxic torts, products liability, worker’s compensation, environmental law, criminal, wrongful death, personal injury, medical malpractice, and so on.

What to Keep in Mind When Searching for a Provider

When looking for a provider of accurate and complete medical review solutions, consider factors such as:

• Stringent security protocols
• Competence of workforce
• Whether or not deadlines would be met
• Development of chronologies and timelines
• Impartial opinions
• Quality assurance

The review process would include the development of comprehensive medical record summaries to meet different litigation requirements. The summaries would contain data such as hospital stay; patient’s deposition testimony; what medical professionals feel with respect to causation, appointment, and disability; diagnostic test results; and medication in use. Such information should be arranged in an orderly manner for easy access. Other aspects are arrangement of medical records on the basis of type, medical history, medical providers listing, case summarization, medical record indexing, chronological medical record listing, chronological medical record summary, and document indexing.

Search Online to Know More

Search online to know more about accurate and complete medical review solutions and associated services such as medical case chronology, and medical case summary.

Why most of instances in my life are happening opposite to as predicted by an astrology website?

http://www.astrogyan.com/
►Ashish Pradhan
Male, born on Saturday, 1989-06-10 16:03:00 at Raigarh, India
Latitude: 021:54:N / Longitude: 083:24:E, Chart Format: Flash North

Web sights are prepared according to the general principals. They give accurate birth chart, but to predict events accurately is not possible on a web site. For this you need to consult an astrologer personally or by correspondence or you may give complete birth details in your question, if some good astrologer answers your question that will give you the answer more near to the actual one.

Incoming search terms for the article:

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Litigation Description

litigation description

Assistant General Counsel Job Description for People Interested in this Career

Have you ever though about a career as an assistant general counsel? There are lots of people who want to take up these jobs because they are interested in this field. Organizations that are medium or large in size have a legal department.

The chief legal officer who is responsible for looking after the legal matters of the organization is the general counsel. There is very much demand for these people in the organizations. These people who work for the organizations are usually known as the in house counsel.

This is because they do not work in the law firms but they are directly attached to the company of the clients. There are big companies which also hire some attorneys who work under the general counsel.

These attorneys help the counsel and they are known as the assistant general counsel. The jobs attorney has to do is to assist the general counsel. If you go to the job description manager he will surely tell you your work in details.

The first thing that the assistant general counsel has to do is to assist the head in the legal matters related to the company. Other than this, they also help their head with the legal research.

They are also known to offer legal advice to the people who usually take decision on behalf of the company. The advice can be related to various kinds of issues. A job director can also help you to look for a good job in this field.

The assistant general counsel includes advice on the employment issues, litigation strategy, regulatory compliance as well as administrative policy. If you are interested in this kind of a job then you must also find out the education that you need for this career.

To become the general counsel you need to become an attorney first. For this the person needs to study for at least 7 years after high school. The person needs to take an admission to the state bar. First of all the student must take admission in the law school and get an undergraduate degree.

After that the student needs to take the LSAT. If the student is granted admission in the law then he has to study for at least 3 years to get the graduation. If you are interested in the assistant general counsel post then it is better to have an experience in business or corporation.

You can contact a job coordinator who can provide you with lots of opportunities. The jobs attorney does is very popular and they get a nice pay for this. You can earn a lot of money with the help of the jobs attorney in the general counsel office.

previous landlord asks for help, new tenants are scum?

Responsible family rented house for 3 years (thats us), left with minimal damage, Inspection completed by landlady’s father with subsequent damage report, all parties in agreement, whatever we couldn’t repair, we paid for. <100$ in damage. Next tenants have trashed the house, they were squatting, references lied, >7000$ in damage. She has requested we sign a paper stating that this part of the house was in this good repair, and that part was well maintained, and so on and so forth. The letter is full of spelling mistakes, grammatical errors, with vague, generalized descriptions. Not very factual. Lots of red flags, if by signing this do i leave myself open to future litigation. Can the tenants go after me if I sign this (landlady trying to get checks guarenteed from those tenants) Am I damned if I don’t, damned if I do? Any help would be appreciated.
Thank you

Technically if you have reached the full term of your lease agreement and have satisfied all the terms of the lease agreement then you are not bound by any law nor have obligation to the landlord. I’m sure the landlord is asking for your benevolence in helping to get these dirt bags out. It’s basically a favor from you to the landlord. If you like the landlord and want to help then don’t worry about being liable for anything. You are in the clear.
The best thing to do is rewrite it in a legible and grammatically correct form. The body of the letter is merely that you are witness to the fact that the house was left in good condition on your departure and subsequent damages are due to the new tenants inability to maintain the property. Make sure you have documentation signed by the landlord stating that you left the property in good standing and in good condition upon vacating the premises and that you (meaning all who occupied the premises) cannot in anyway be held liable for damages occurring after the termination of your lease or after the date on which you and your landlord reached agreement on your departure.
The landlord is merely trying to prove that the damage was not there prior to the new tenants moving in and you may be the only witness to that fact. The tenants may be claiming that the damage was there already and trying to disclaim any responsibility to the damage. You can in fact if you want ask the landlord to issue you compensation for your time and effort in providing this legal document which you and your landlord should also have signed by notary. The landlord will use this document to file a notice to vacate, insurance claim for damages or criminal complaint against the tenants for vandalism. Either/Or you are the witness.
This will in effect not only release you from any liability to the former property but show your good standing as a tenant for future rental agreements. Make sure you have several copies for everyone.

Litigation Legal Assistant

litigation legal assistant

Legal Assistance for Injury Related Issues and Illness Related Issues

Nursing is a new field, which is open to anyone that is willing to take up further education and training. This high-paying career is known as legal nurse consultation. Legal nurses work alongside with lawyers, when cracking cases that deal with injury related issues or illness related issues. Among the most common cases that require the help of a certified legal nurse is medical malpractice or product liability. A case like this one needs the first-hand knowledge of the legal nurse. With their certification on legal nursing, legal nurses advise attorneys the proper terms and procedures of their legal medical case. Other than attorneys, insurance companies hire legal nurses as their in-house advisors or consultants. If you are able to deliver a great job, you will be earning as much as $150 for each hour of your service.

There are different kinds of legal cases that need the expertise of a legal nurse. Cases that concern injury related issues may deal with personal injury, medical malpractice, products liability, or toxic tort. On the other hand, illness related issues usually fall on cases like workers’ compensation or criminal. Certified legal nurses work with the entire litigation team of the client. Their medical training and expertise help lawyers come up with better evidences and arguments for the case. While there are legal nurses that serve as witnesses, there are also some that only help search for expert witnesses. Sometimes, a certified legal nurse may be asked to apply his or her forensic training on the case.

If you are looking forward to working within the field of legal profession, wherein you will be analyzing cases with injury related issues or illness related issues, you have to acquire proper education first. You have to graduate from a school or institution that offers courses on legal nurse consultation. Upon completion of the courses, you will be given an occupational certification that will permit you to proceed into a legal profession. The future of a legal nurse is assured with a job that has a high pay. As long as you are able to provide the comprehensive assistance, you will be earning much.

As a lawyer, your profession usually asks you to handle legal cases. While applying for a firm, you do not know the type of case that you will be handling. There are cases that require medical training and expertise, especially those with illness related issues and injury related issues. Since you are only capable of handing the legal aspects of the case, you require the assistance of a legal nurse. If you want to hire the services of a certified legal nurse, you can contact online service providers. Nurse Legals Consulting is a website that has a team of certified nurses that will be able to provide you with the legal medical support that you need to help you win your case.

Turning to Nurse Legals Consulting for legal cases, which deal with injury related issues and illness related issues, you will reap several benefits. You will learn basic medical issues and facts. You will be offered with aid on claim and case resolution. You will be taught the proper way to facilitate communication between different parties during medical-legal negotiations. You will also learn how to photograph the injuries of the patient or client, if the case is about injury related issues. The nurses of Nurse Legals Consulting will provide you with expert and in-depth research on treatments and conditions. There are several other legal nurse consultation services that are offered to lawyers hoping for medical-legal support.

Will I be able to get into a decent law school with a low GPA, but (somewhat) great LSAT score?

Graduated from a University of California school w/ a degree in Legal Studies/Political Science: 2.75 UGPA. LSAT score is 169. Currently working for a law firm in Los Angeles as a legal assistant – mostly doing litigation work. I’m applying to only CA schools and only the following so far: USF, Chapman, Southwestern & Western. I’m wondering if I should shoot for some more competitive schools or if I’m basically screwed because of my less than stellar undergrad performance.

I think that you should be able to get into the schools that you mentioned, but could apply to some more as well. I think your background in litigation makes you a good candidate, and you do have a relatively high LSAT even considering the low GPA. According to this site, http://officialguide.lsac.org/UGPASearch/Search3.aspx?SidString= you have a good chance at the three schools you listed, take a look at it and look at some more California schools! Make sure your personal statement is strong as well, and try to find some great people to write recommendations.Good luck!

Ramsey County / Nine vie for judge spot in primary Nine St. Paul lawyers are competing for Monahan fill the seat of retired Ramsey County District Judge M. Michael, and the voters will decide 10 August, the two from then the general election in November.

Litigation Solicitors Birmingham

litigation solicitors birmingham

Workplace Stress Accident Claims

A recent case in the Midlands saw the NHS being forced to pay a health worker ££370,550 plus a further £24,000 per year for life, as the result of stress incurred whilst working in a Birmingham hospital. While this is encouraging news for anyone who suffers from work related stress, ministers have expressed concerns about the amount of NHS money being paid out in compensation claims. In the West Midlands alone, the NHS paid out £48 million, only £17 million of which was to patients. As a result, politicians are lobbying to have the laws changed where stress related illness is concerned, which could make things more difficult for future sufferers.

The Health and Safety Executive defines work related stress as ” “the process that arises where work demands of various types and combinations exceed the person’s capacity and capability to cope”. The result can be a significant increase in illness and disease and high numbers of staff absence. Interestingly, the HSE mentions the responsibility of employees to ensure that a job is well organised, designed and managed to help reduce the potential for stress related illness, although, as of yet, there is no discrete law that deals directly with the issue.

If you feel you are suffering from stress that is caused by your work, then you may be in a position to take out a claim against your employer. However, you would be best advised to employ the services of a work injury lawyer. While most people assume that these legal specialists are only for physical accident claims, their knowledge of the Law could be of significant help to you in launching such litigation, as there are certain aspects of the Law that may help you with your claim.

From the outset, there are certain things that can be taken into consideration. Firstly, it is understood that an employer has a duty of care to his employees and this is implied in the contract between them. Where employer’s changes and impositions impact upon the conditions of employment, dignity at work and the personal wellbeing of employees and the result is a stress related condition or injury then there may be cause for a claim. A good work injury specialist will be able to find the cause and effect of a situation like this.

It is also worth bearing in mind that stress can be caused through a number if other factors, such as harassment, bullying and discrimination of race, ethnicity, disability, religion, sex, sexuality and age. If it can be proven that the stress suffered is as a direct result of inappropriate behaviour on the part of the employer or another colleague, then it is likely that you will have good grounds on which to base our complaint. In addition, there are also Laws in effect that protect those who feel they need to make a case for stress related conditions, so there is no need to fear dismissal or disciplinary procedures.

Getting in touch with a work accident solicitor could see you taking the first steps towards claiming compensation for a situation that has caused you undue stress and worry.

Credit Litigation

credit litigation

Power of Credit Vs. Spiritual Guidance/mambo Jumbo/advice/fortune Telling. 10/20/08

(Copyrighted)

Before I being telling you a very small portion of my recent incidents, allow me to share my belief.  I am not a religious person, although I attend churches, temple and used to go to mosques (years ago).  However, I believe in God.  Everyday, my trust in Him increases.  In simple words, there is not a day that I loudly do not announce, “God I Love you and my life is yours.”  “God you gave me life and my existence.  Every breath that I take, every move that I make, everything that I eat or drink and so much more, is either because you allow me to do so, you provide for me or you make it happen.”  It is all because I have seen Hell and life both in the past fifteen (15) years (BEYOND YOUR BELIEF).   I believe in a few old sayings:  “Love one another”, “Do unto others as you would have them do unto you,” “Think right, do right and talk right.”  I also believe in the sayings: “Knowledge is wealth,” “More is lost by indecision than by bad decision”, “Ask and you shall receive,” and “Tomorrow is not promised to anyone.”  I use this last one sensibly and carefully as some people misunderstand its true meaning.

However, before you read the rest, I want you to understand that I am NOT bragging.  I am just sharing the true fact of established credit and how a good and long term established credit could make you credit invincible.

As much as I do not believe in fortune telling, palm reading, card or coffee reading concepts, once a while to just throw my money away, I would listen to the advice of friends and drive with them to a few of these places, listening to what the ”so called, spiritual readers” had to say.  It should read like this, “To my dismay, I had done this three times since 1994, when I was seeking for a way to see how I could turn my horrible life around, as described in my book “When I-RAN,” available to the public in four months.  Every time to my disappointment, I would lose a little money just listen to some nonsense that would never come true. Of course, you must understand that from 1994 through 2000, I was working on some large scaled business application/data storage software packages (for the laymen out there- large computer programs for multi-million dollar businesses).  I needed a sense of direction and was lost.  God was not answering me (or that I thought –He was not).  I guess I was expecting Him to come and squeeze & twist my ears and force me to listen.  I guess it is called knowledge and patience (that I was lacking and still am).

Anyway, for the past two years, due to my massive legal battles and … (read in the “When I-RAN” book), my former wife asked me to contact Sylvia Brown (the “so-called world renounced psychic”).  I asked my wife, how she learned about Sylvia.  She stated, “Through the Montel Show.”  Since I heard about Montel before (although I never listened to his programs), I decided to listen to his program when he had Sylvia on his show.  After a couple of times, I became doubtful as I could not understand how a person can tell a group of audience members what the after life or “other side” looks like.  Then, I understood.  No one actually knows what the after life is about, yet people are easily deceived.  Who knows?  I can have you hear anything you want and you would not know the difference anyway.  My wife persuaded me by stating that Sylvia helped law enforcement agencies to solve murder crimes.  Then I said, ”So the police departments do not need to invest millions of dollars and hire full time investigators –spend weeks, months or even years to solve a crime.  All they need to do is hire Sylvia and her son (Chris) to go around the country and let these two finger point the criminals and the cases would be solved so much easier and more efficiently.  This way millions of taxpayers’ dollars would be saved, the district Attorneys and the governors would look like angels, and would be happy to hold on to their jobs for life.”

For years, I believed that if the psychics had the ability to predict, then they all would be able to win the lottery all across this country (if not the globe) and did not need to read someone’s palm, card, a coffee cup or have a crystal ball.  See, it is easy to predict the unknowns and unpredictable, if you discipline yourself.  You may wonder how?  Then, read the book “When I-RAN.”   However, predicting someone else’s life or future, is a bit out of our hands, for those who believe in God, and is unusually suspicious when it comes to those who do not believe in God.

Anyway, as a result of my wife’s persistence, I agreed to blow away several hundred dollars by calling Sylvia Brown’s organizations. Of course, after a long recording and leaving several messages, I became frustrated and left an educated yet, frustrating message.  As a result, I received a phone call and was told that Sylvia’s schedule is booked six (6) to nine (9) months in advance and Chris’ is booked ahead about 3-4 months.

However, to have Sylvia read my life it requires the fee of $750.00 advanced payment of several months and for Chris, it requires payment of $450.00 several months ahead.  

The organization would not take any sort of payment but a credit card.  To my amusement, would you like to know why?  It is so that you would NOT be able to dispute the charge and that by the time the reading comes into the schedule, you would have no way to dispute as your time to dispute would have legally passed.

As a result of persistence, I authorized the charge of $450.00 since I needed to get a sense of direction for a couple of my legal issues.  

This was the result of Mr. Chris Brown’s reading:
He insisted that I must stop my litigations, as I would lose them all and I would be spending a lot of time and money for no reasons.  He even stated that I would be throwing good money after bad.  (MBNA/BOA wants to settle).

He said we do not have any health issues…. And even commented about my family’s…

He said that my finances would be on the up and up and I would not suffer and insisted that I had to continue with my real estate and that only work on my book writing as a hobby and not as a source of income.  Again, he emphasized that I must stop litigations.

He also told my wife, who had been recently demoted at her work, not to worry and in June she would be promoted and it would all workout best for her.  He persisted that there should be no need for litigation in that matter either.

He also suggested that our relationship, the severely damaged relationship, would workout as he even commented by saying, “You kids need to work it out and everything will be alright.”

He noted a few other things.

I guess God had His own agenda and did not like for me to place my life, future, or trust in the hands or mouths of a ”so called spiritual reader (a fortune teller).”

Let me describe what transpired immediately after the reading of February 29, 2008.  A week or so later, my investment account of many years with Ameritrade/Accutrade was liquidated as a result of repeated errors of Accutrade and its representatives’ belligerence, ignorance and stubbornness.  I was placed into foreclosure by SunTrust bank shortly thereafter and came to a point in life that I, who never stutters in speaking, practically lost my sense of speech to the point that a friend came to my house baby sitting me, making certain that nothing would happen to me.

Not long thereafter, my aunt who raised me since the age of four, died and three weeks later my mom, who I lacked seeing so much and missed spending time with, died in a horrible car crash.   

Yet this is October 19, 2008 as I am writing this, my wife is still at the same demoted position, and we live in separate houses because “we kids could not work it out.”

Then, I realized that I was right all along.  No one knows anything about my life other than the God who created me.  The knowledge and ability He gave me is what makes or breaks me and it is not what a ”so called fortune teller” tells me.  God gave me several paths to choose, and I must choose one that would be most desirable and fulfilling to me.  Although from time to time, just like any other human being, I may scream and say, “GOD, WHY DO YOU DO THIS TO ME?”  Then, I realize, he put water, fire, hills and cliffs in front of me, told me the differences and showed me what will happen if I choose each.  I did not want to listen and decided to hug the fire and jump off the cliff.

I further realized that I could become credit invincible under His guidance.  Allow me to explain this part.

Immediately after having a foreclosure by SunTrust Mortgage Department along with a series of +150 days late payment, a late payment by another creditor and also being involved in a litigation with MBNA/Bank of America due to a “Charge Off” all on my credit reports, I was able to buy several expensive, new, or almost new vehicles ALL in a matter of less than seven months.  Guess how good my credit was that all these negative impacts (describe above) had little to no impact on my buying power?  You may say, “Okay, so what, you are suffering from high interest rates.”  Yes, you are right.  My interest rates on these vehicles are—are you ready to read…?

1.    A truck of $25,000.00 that has a rate of 4.9%,
2.    A fully loaded Avalanche of $48,000.00 that has a rate of 5.5%,
3.    A Porsche Cayenne that has an interest rate of 0.99%  (using a credit card),
4.    A fully loaded Silverado 2500 that has an interest rate of 5.75%, and
5.    An Infiniti M series at a rate of 1.99% at a price over 50 is my most recent purchase.
I have all these vehicles and am making payments on all.  

Now, let’s see if you understand what I am trying to say.  In a matter of a few months in 2008, I have all of these on my credit report along with massive credit card limits;

1.    I received a recent foreclosure and several 150+ day late payments for one mortgage loan; (soon to file action against)
2.    I received a recent late payment on another loan;
3.    I also had a credit card “Charge Off” of an amount -almost $14,000.00;
4.    I Bought my first vehicle and still had enough credit and buying power to buy the second vehicle;
5.    Negotiate, paid, bought and repaired a house for soon to be Ex,
6.    Still had buying power and credit left to buy the third vehicle;
7.    Have a judgment on my credit file; because, I was mourning the death of two mothers back to back, fighting a wife, negotiating, transacting and fixing a house for a wife; therefore, I forgot I had another life.
8.    Bought another house (not Ex) using a credit card along with small line of credit;
9.    Still had buying power to buy the fourth one;
10.    Still had credit to buy yet another.
11.    And am still fighting.

If you still did not get the message, it means every time you get a loan, that loan and purchase reduces your chances of making the next purchase.  Each new purchase/loan must be settled and remain on your credit report for at minimum six (6) months for it to create any positive impact.  This means, any new loan will drop your credit score for the first six months, as it is NOT an established account.  Now, if your overall credit history is not a long terms history of 5 years or more, a new loan will take even up to a year to become a positive impact.

Do I need to continue or did you get the picture?

Do you want to answer me about my questions of which do I believe- the power of credit or power of spiritual readers/fortune tellers?

Any questions?  Go to Q & A of http://www.MasterCreditRepair.net, read and post.  Go to the “Comment” page and post your story or comment.  Your information will remain confidential.  Join my membership club (coming soon).

With love and best wishes for all

Mike Samadi

Some companies may go too far in screening job seekers for prior convictions, credit history
WASHINGTON – Companies using criminal records or bad credit reports to screen out job applicants might run afoul of anti-discrimination laws as the government steps up scrutiny of hiring policies that can hurt blacks and Hispanics.

Insurance Litigation Specialist

insurance litigation specialist

“Independent” Medical Exam? Try Insurance Medical Exam

          At any time after a workers’ compensation claim is filed, not just during the litigation phase, the employer or insurance company can schedule a medical examination with a doctor of their choosing. Insurance companies call these IMEs (Independent Medical Examinations) but you shouldn’t. In practice, there is nothing independent about these exams. These physicians typically examine many, many injured workers for the same insurance companies over and over. In addition, many times they charge the insurance carrier five hundred dollars per examination, as opposed to eighty-five dollars they would actually charge a patient coming for treatment. They then generate a lengthy report that is sent to the insurance company or its attorney. There is no doctor-patient privilege, and the claimant is not there for any therapeutic or medical reason.

          I call these “litigation exams” or “insurance medical exams” because that is what they are – a defense examination for litigation.

          There are a handful of physicians in Washington, D.C. (and I suspect in every community) who earn an extremely good living performing these examinations for insurance companies. You can imagine the “opinions” that most of these doctors generate. They may say that the injured worker was never hurt, or the injury was unrelated to his or her employment, or the condition he or she currently suffers from was not related to the injury, or the injury caused only a temporary aggravation of some underlying condition, or the injury is not as bad as the claimant and his or her physician believe, or that the claimant can return to work, et cetera.  Sometimes the reports look virtually identical – only the name of the injured worker seems to change.

          Depending on the doctor chosen by the insurance company, the entire exam may last only a few minutes. I always advise my clients to write down the time they go into see the doctor, and the time that they’re with the doctor, and the time that the doctor spends speaking with them and actually examining them. Typically, this is only a few minutes. Nonetheless, a five minute exam can result in a five page single-spaced report by this physician that the carrier can use to stop or deny benefits. In my experience, the more desperate the carrier, the more notorious the litigation or insurance doctor they will go to for an exam.

          As with anything in life, there are exceptions to this rule. Occasionally, an insurance company will hire a legitimate physician to evaluate an injured worker, and that physician will take the time to conduct a thorough examination that can actually be helpful in future treatment decisions. Regrettably, these legitimate examinations are few and far between.  Many times the insurance companies are much more interested in limiting or denying benefits and the amount of money they have to pay, instead of offering legitimate treatment options. 

          The general rule in the District is that a defense or litigation examination can be conducted once every six months in any given specialty. If there is a change in the injured worker’s condition, for example, there is a recommendation for surgery, the insurance company has the right to an examination before the six-month period. In addition, if a claimant is seeing  several specialists, such as an orthopedic surgeon, a neurosurgeon, and a pain management specialist, the carrier could have one examination per specialty approximately every six months. There are no hard and fast guidelines on that issue, but that is the general practice.

          Unfortunately, injured workers who are not represented by an experienced attorney get taken advantage of by insurance companies. Many times, they will tell an injured worker that he or she must attend multiple examinations with physicians in the same specialty over a short period of time. This simply allows the insurance company to obtain more and more evidence that they will ultimately use to deny or limit an injured worker’s benefits.

THIS WEEK’S CASELAW
Rome II (Regulation (EC) 864/2007) introduced a new uniform EU-wide regime for determining the law applicable to non-contractual obligations. Of issue in this case is its temporal scope.

Litigation Attorney Resume

litigation attorney resume
Democrats’ bright stars Aronberg, Gelber getting heated in Fla. attorney general race
Democrats’ bright stars Aronberg, Gelber getting heated in Fla. attorney general race
Jay Stuart Dankberg Esq. -08-20-09 Air date

How To Turn Attorney Biographies Into Law Firm Marketing Tools

An attorney’s bio, especially an online version, is one of their first methods of contact with potential clients. Whether people are shopping for representation or simply doing research on the firm, what’s put out into the world should speak for you, not about you. By following a few simple guidelines and thinking of your bio as more of a marketing tool than resume, attorneys can create a powerful message.

Reflect your firm.

If your firm prides itself on a casual, friendly atmosphere, let it be known. Using your first name can immediately draw people in and create a warm connection to readers. If your firm takes pride in being a global powerhouse, “Mr.†or “Ms.†sends a clear message and a serious tone. The one thing to avoid? Nicknames. Even in the most casual office some nicknames are a bit too informal for a business setting.

Tell clients how YOU can help THEM.

Identify your client. Now put together the experience and/or cases that would interest them. A bio is not the place to list everything you have ever done; it’s a place to highlight the expertise you have in a particular area. If you’re currently litigating cases revolving around aviation, then a former career as a pilot would cause clients to take notice. If you’re currently working in real estate, it’s just a fun fact.

Don’t limit yourself.

Many attorneys find themselves covering more than just one practice area and there’s no rule that says you can only have one bio. Tailoring your bios to each practice area can be a helpful tool when meeting with potential clients. A general bio can highlight your overall accomplishments and additional area-specific bios can be a great follow-up tool.

Avoid the dreaded lists.

Edit yourself when it comes to memberships and awards. Keep descriptive paragraphs lively, short and informative and banish listings to a separate space on the page. Keep them limited to only those organizations or awards that are recent or important to your practice. You can always create a full (longer) bio, available upon request.

Don’t get personal.

Clients want to know how you can help them, not that you play second base for the firm softball team. Try not to include hobbies or personal interests under a business heading. If you want to include the information, create a separate element and label it “Lifebeyond the Law…†or “Life outside the firm…â€

Keep it current.

Revisit your bio every three-to-six months (if not more) and take stock. Keep your information current and make sure you’re speaking to the clients you want, not the clients you have already had.

Litigation With Interest Groups

litigation with interest groups

Environmental Groups: Disqualify Judge Who Overturned Moratorium
NEW ORLEANS (AP) – Several environmental groups have asked a federal appeals court to disqualify a judge from a lawsuit over the Obama administration’s initial six-month moratorium on deep-water oil drilling. U.S. District Judge Martin Feldman overturned the temporary drilling ban in June and refused last month to withdraw from the case. In a court filing Thursday, environmental groups …