Posts Tagged ‘civil_litigation’

Litigation Publications

litigation publications
How much time do I have to serve a summons after…?

I file a civil case over 25000 in CA state court? I have begun litigating a case against a number of defendents in a civil matter. One of the defendents has not been served thus far. Does anyone know how far the case can go into the litigation process before I have to dismiss the unserved defendent. Is there a time constraint, or can I serve him a summons anytime throughout the civil proceedings that I’m litigating against a number of other defendents? (BTW-I know about service through publication…it is a lengthy process that the court must approve of after all other attempts have been exhausted.) I would appreciate answers specific to statutes of limitations, or time constraints regarding proper service after a case has begun being litiagted ONLY….thanks!

summons are only good for 120 days. i would assume you have an attorney.

Upside down 5/5

Do You Know These Two Common Mistakes In Selecting An Investment Banker To Take You Public

Well, I first started assisting taking companies go public around 1987. I started off as a paralegal and quickly learned my way up to being a consultant.. For the last 5 or 6 years I and my associates often operate as what we describe as “Senior Consultants” to the companies we advise.

Over the last 20 years, the most common mistake I see companies, large and small alike, making while going public is: 1) letting their “money raising” investment banker be their “senior consultant” and 2) not having a “senior consultant” at all, but rather letting one of their junior consultants (such as an investment banker, attorney, accountant, broker dealer, investor relations guy) act functionally as their “senior consultant.”(Of course there are more mistakes, but we will save those for another day.)

What is a Senior Consultant? Well, when you go public, you will have and need a team or crew of consultants helping you: investment bankers, broker dealers, market makers, attorneys, accountants, investor relations consultants, PR consultants, marketing consultants, etc. Your senior consultant is the guy who understands all of the functions of these other consultants, can help you select and put together your team of consultants, and can educate you on the process, role, cost efficiency, and anticipated products of these various consultants.

A Senior Consultant should have hundreds of connections in these other consulting groups and yet be independent of them, not taking any finder fees from or beholden, in anyway, to any of these other consultants, and certainly able to recommend their dismissal when they are not working in the best interest of the company.

So let us address common mistake number one. NEVER, NEVER, NEVER let the guy who is raising or giving you money be your senior consultant. Why? Well simply put, his loyalty is always to himself or his money first. Your company will always be second if even that. There are no absolutes, but the guy who raised you the money will most always give you advice that is “best for him” not best for you. You need a senior consultant between him and you.

Your Senior Consultant should be someone who works for the company first, and foremost. He is your most senior and trusted advisor. He should be someone who educates you and gives you choices, and tells you the consequences of pursuing each of your choices. Not someone who is going to get a finder’s fee or commission for referring someone you hire or someone who gives you money.

Common mistake number two. Let me give you some examples. I have seen companies let an SEC attorney with little or no connections at all with other consultants, and with little or no knowledge of other areas (such as investment banking) act as their senior advisor. I have seen such attorneys structure a public company that while legally sound, violated all investment banking principles. The result: no market maker would sponsor the company to go public, or the company failed miserably, once public, because of the poorly devised structure.

On the other side of the coin, I have seen investment bankers as senior consultants, try to save some money by using cookie cutter legal forms, or legal forms from some past deals they did (rather than hiring attorneys) and make gigantic legal mistakes that prevented a company from ever getting through their SEC legal filings, or worse yet ending up in trouble with the SEC.

A senior consultant knows you need a complete team of professionals, has connections in all these areas and doesn’t sell you short. A senior consultant will help you save money by helping you select the most cost efficient professionals for the situation, not by cutting out “functions” that are totally vital to your success. Let me give you another example of what I mean.

As a senior consultant I currently have some 5 or 6 SEC attorneys that I recommend for various jobs to my clients. These attorneys range in prices from $150/hr to $500/hr. I had one client come to me, after we took him public, because he needed an opinion letter. The attorney he consulted wanted $10,000. It was a rather routine job and that was way over priced. I got him an attorney to do it for $200.

On the other hand, must companies put out press releases either written by investor relations consultants, or public relation consultants, with no legal review or review by a transactional attorneys only. Now that is a missing function.

I, as a senior consultant fill this missing function for my client. Not only do I fill the missing function but I fill it right. I refer a $500/hr criminal litigation SEC attorney to all my clients to review all their press release before they put them out. Why? There is noting that will get you in trouble faster with the SEC than a faulty, misleading, or inaccurate press release. Criminal litigating attorneys who are facing the SEC in court every day know a lot more about what will get you in trouble than even the best transactional attorneys. Even at $500 an hour the cost is only about $100 – $150 or so to review an average press release. The potential savings from doing it right: immeasurable.

If you are going to go public, do it right, get yourself a senior consultant, or don’t do it at all.

(c) 2007 Stan Medley

Litigation Costs Review

litigation costs review

Statistics Show That for Millions of Americans, Insurance is More Than Worth the Cost

Today, many small businesses operate without liability insurance – with the exception of the workers’ compensation insurance, which is required by law. In many cases, business owners simply want to cut down on operating costs, but in today’s climate in which worker compensation claims have skyrocketed, operating without any liability coverage is a highly volatile practice.

With just one claim, what took years to build can be wiped out. Without liability insurance, the business can take a major hit from the litigation process and the owner’s personal assets can become vulnerable. Consider that in 2007, according to the Bureau of Labor Statistics, there were more than 335,000 cases of employees injured on the job due to contact with objects and equipment.

Workers’ compensation, which is required by law in all 50 states, protects employers from liability for an accident involving an employee. This coverage will pay medical expenses and lost wages on injured employees. In cases of disability, it will provide a lump sum or annuities. It is increasingly important employers review their general liability insurance policies to ensure the coverage protects the business against claims made for bodily injury or property damage. Coverage should include medical expenses, defending the lawsuit, settlements and in appeal procedures, bonds or judgments.

Premiums on General and Professional Liability insurance can be costly, and often the cost alone dissuades businesses from purchasing it. The cost, however, of operating without liability insurance can prove to be much more extreme. The out-of-pocket costs of filing a claim alone can escalate quickly and the number of damages that can occur such as fire or theft could nudge a business towards severe debt. If a worker is harmed on the job, the employer will face medical and legal fees. Workman’s comp insurance, which is required at varying levels by state, will provide a safeguard to the company.

Cost of no insurance

In September 2007, the Bureau of Labor Statistics issued a report detailing employee compensation. On average employers paid $28.03 per employee per hour. Of these costs, approximately $2.35 (8.4 percent) of total compensation went towards life, health and disability insurance – a nominal expenditure when compared to the cost of disputing or paying on a claim.

Lawsuit expenses alone can vary radically depending on several variables such as the type of claim and whether it was filed by a customer or an employee. Employers can count on spending a significant amount to defend the case. Typically costs and procedures include:

* A summons and complaint filed against the company, which results in several meetings and attorney fees, including consultation, transcript and research costs, all billed at an hourly rate.

* The claim will then progress to the deposition phase, which entails a settlement conference and a trial date. In addition to the billable hours and other various fees, the attorney will also bill for the deposition paperwork.

* During the trial, the attorney charges hourly and there’s no telling how long the trial could last. It could go from several days to several weeks. In addition to the hourly fees, the defendant is also being billed for various legal fees.

* Legal fees can include transcript fees, witness fees, court reporter fees, consultation and deposition fees, research fees and mailing fees.

In the event the employee wins the case, the defendant – the employer – will brunt the burden of not only paying the settlement, but also any medical, attorney and other expenses the prosecuting party has incurred. For those organizations operating without insurance, this can put them at risk of going into major debt or bankruptcy.

In one 2004 workers’ compensation case in California, a wood products company was ordered not only to pay its employees medical expenses, but also entitled the employee to, “…medical treatment as is reasonably required to “relieve†from the effects of his industrial injury, even if such treatment will not “cure†that injury…†In effect, the company will be paying for medical treatments indefinitely. The company did, however, have insurance coverage and did not have to foot the bill.

In a separate case, in 2006, an employee who suffered industrial injuries to the neck in the form of fibromyalgia was awarded payment of medical costs, in excess of $14,000, disability reaching nearly $100,000, plus life pension, which paid just over $45 per week.

Protecting assets

Insurance protects businesses against more than just worker-related claims. It can also cover disasters such as fires, natural disasters and theft.

According to a recent article in the Los Angeles Times, compensation awards to victims are now being determined for the recent Metrolink train crash in Chatsworth, Calif. and it’s expected the awards could easily exceed the $200-million cap Congress implemented on railroad liability in any one accident. If the cap is removed, Metrolink will be in an extremely vulnerable position.

While most businesses will never experience a disaster of this magnitude, insurance coverage beyond workers’ comp insurance may be necessary in ensuring the organization’s assets are protected. A workers’ compensation insurance quote should outline what coverage will include. From there the business owner can determine whether additional liability insurance is needed. Typically, liability insurance coverage includes:

* Legal costs – general liability insurance will cover litigation costs such as attorney and witness fees, as well as settlement payments.

* Medical costs – insurance will cover medical costs for individuals who may have been injured on company property, this includes employees as well as customers.

* Property damage – insurance will cover fire, theft or other incidents that damage the assets of the business. It insures the company from physical damage to the property as well as the customer’s property.

* Business interruption – insurance will cover the business in cases of major disasters, such as a fire, that render the business inoperable. If the business is unable to operate, the insurance would reimburse the company for its losses and the profits that would have been made during that time.

Business operators should shop recognized, established insurance providers to find the best coverage for their needs and the best price for their budget. All companies can provide general liability and workers’ compensation insurance quotes to help businesses budget for the expense.

References:

www.bls.gov/ect
http://www.dir.ca.gov/wcab/wcab_panel.htm
http://www.dol.gov/esa/owcp/energy/regs/compliance/weeklystats.htm

“Metrolink collision; Liability cap could be tested,†Los Angeles Times. Page 3. September 17, 2008. By Carol J. Williams

Incoming search terms for the article:

• attorney cost plus medical bill is letigation worth it?

Litigation Is War

litigation is war

Asbestos Health Risks And Litigation

Asbestos is a naturally-occuring fibrous mineral of metamorpic hydrous magnesium silicate. The term “metamorphic” is used to describe a process of extreme heat and pressure which creates specific secondary patterns of minerals with new chemical and/or physical properties. As the primary rock is heated and recooled, silicate crystals align in long rows of mineral fibers, which easily separate into tiny shards thinner than a human hair. Asbestos fibers are not a health risk as long as they are undisturbed. However, when asbestos is undergoes natural weathering, or is mined and processed, the microscopic particles waft into the air and cause disease if they are inhaled.

Asbestosis occurs when an inhaled asbestos particle irritates the body’s natural defence mechanisms, causing inflammation and scarring which eventually restricts lung function. Mesothelioma is a malignant tumor of the membranes surrounding the heart, lungs and abdominal cavity. Asbestos can also cause cancer of the mouth, throat, esophagus, larynx, stomach, lung and lymphoid tissue.

Asbestos exposure can also cause non-fatal illnesses such as asbestos warts, caused when asbestos fibers are lodged in the skin, causing lumps of scar tissue to form around the irritant in the same manner as they do in the lungs to cause asbestosis; pleural plaques, discrete, sometimes calcified fibrous lesions which can be seen on X-rays but are too small to cause breathing impairment; and diffuse pleural thickening, which can cause breathing impairment if it is extensive.

Due to its fire resistant properties, asbestos has been used historically for household and industrial purposes. It has been found woven into burial cloths in ancient Egypt, and Charlemagne reportedly had a tablecloth made of asbestos which he would throw into a fire to clean.

In World War II asbestos was considered so important by the War Department that it was considered a strategic material, and many American workers were exposed in the World War II boom in shipbuilding. After the war, it was widely used in the construction industry.

In modern Western society, it was used for such diverse purposes as lamp wicks, brake shoes, oven insulation, electrical hotplate wiring and home insulation, roofing and flooring. For instance, some kinds of vermiculite used in home insulation into the 1970s contained asbestos. The EPA banned this product in 1977.

When a home owner discovers asbestos in an old home, it should not be a cause for immediate panic. If the asbestos looks intact and is not pulverized, it is best to leave it alone. However, because of legal liability, schools and businesses containing asbestos usually must undergo a costly removal process, hazardous in itself because disturbing the stable asbestos product causes fibers to fill the air. Special equipment must be used to insure that the removal process does not cause health problems where non existed before.

Most industrialized nations have reduced or banned the use of asbestos for at least 30 years and now use fiberglass or woven ceramic fiber as a substitute, but since asbestos-caused disease has a latency period of up to 50 years, patients are still presenting with these illness today. Every year in America, approximately 3000 new cases of mesothelioma are diagnosed, and 550 deaths occurs due to asbestosis. According to the March 1991 Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation, asbestos exposure has caused the deaths of approximately 200,000 to 265,000 Americans.

Asbestos use peaked in the United States in 1973, when 1 million tons of the material were used. The EPA attempted to institute a complete legal ban on the use of asbestos products in 1989; however, this ban was largely eviscerated by the US 5th Circuit Court of Appeals in 1991, and some restricted use of asbestos, albeit in fewer products than than before, resumed. Therefor, even today some workers are being exposed to this toxic material.

Asbestos is a serious continuing concern to the Environmental Protection Agency, and their website has detailed information on asbestos and its removal.

Concerns about the health risks of asbestos exposure date back to 1898, when the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the “evil effects of asbestos dust”. He noted that the “sharp, glass like nature of the particles” when allowed to remain suspended in the air, “have been found to be injurious, as might have been expected”. In 1906 a British Parliamentary Commission confirmed the first cases of asbestos-related deaths in Bristish factories and called for improved ventilation and other safety measures. In 1918 an American insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful compensation claim by a sick asbestos worker.

Today, lawsuits claiming compensation for asbestos-related illnesses are a growth industry in the legal profession. An internet search of “mesothelioma lawyer” yields 1,910,000 results. The original manufacturers of asbestos products have long since been driven into Chapter 11 bankruptcy; plaintiffs have now turned to suing corporations with peripheral connections to asbestos products. More than 70 American corporations have filed Chapter 11 bankruptcy in due to asbestos liability claims.

Since the 1970′s, approximateley 6% of all lawsuits filed in American courts have been asbestos-related. The lawsuits now facing the courts have been described as “an elephantine mass” by the US Supreme Court, and are expected to cost between 200 to 275 billion dollars to settle. Asbestos liability is one of the largest issues facing the global insurance industry today.

Most epidemiological studies expected the number of lawsuits to peak in the 1990s, but this has not occurred, either because of the long latency period of asbestos-related diseases, or because legal action is becoming more popular among asbestos-exposed members of the public due to high-profile legal cases and widespread advertising by attorneys who specialize in such cases.

Many complaints have been made by representatives of industries facing lawsuits and the insurance companies who will be expected to pay them that the asbestos-lawsuit industry is rife with fraud, with less that half of all payouts reaching the plaintiffs. Aggressive, ambulance-chasing lawyers are said to exaggerate medical disability and coach clients on their testimony.

The group of plaintiffs includes not only ill people, but also those who have merely have a history of asbestos exposure and want compensation for potential future health risks. According to the American Academy of Acturaries Mass Tort Work Group, more than 100 million Americans have been exposed to asbestos in their workplace during the past century.

Should I voice my opinion even though I have none?

Hi all,
I have received a note from another E-friend about the current “situation” with the convicted American soldier in Iraq. This soldier is having all of Americans’ fingers pointed at him for shooting a (there) local insurgent who had jumped him in a mission from out of the field.
This note asks me to add my name to the growing list to be sent to the FOX News studio after 1000 names have been added. – My name would be number 842.
With the global “situation” (warring factions, etc.) being as it is, is this list a “worthy” cause to add my name to be sent to the FOX broadcast network?
I honestly have no opinion, either way of this litigation.

Yes, voice your opinions to everyone you meet.

Or would that have the same effect as not if you have none?

Hungarian art restitution case puts focus on controversial policy towards former Soviet bloc A Tug-of-war in the United States over who owns a huge treasure trove of art confiscated Nazi thugs Hungary is the most prominent example of the contested restitution policies in formerly communist eastern European …