Litigation Nation
litigation nation
Is NAFTA a form of United nations sanctions against Labor Unions?
Let’s face it. NAFTA is a drain for organized American labor.
Obama can temporarily clog it with litigation, only to un-clog it
should Union Membership rise.
The Fed is owned primarily by the
handful of bloodlines that run the U.N.
The US Federal Government operates
under bankruptcy to the U.N. 89-719.
Joe gets up at 6:00am to prepare his morning coffee. He fills his pot full of good clean drinking water because some liberal fought for minimum water quality standards. He takes his daily medication with his first swallow of coffee. His medications are safe to take because some liberal fought to insure their safety and work as advertised.
All but $10.00 of his medications are paid for by his employers medical plan because some liberal union workers fought their employers for paid medical insurance, now Joe gets it too. He prepares his morning breakfast, bacon and eggs this day. Joe’s bacon is safe to eat because some liberal fought for laws to regulate the meat packing industry.
Joe takes his morning shower reaching for his shampoo; His bottle is properly labeled with every ingredient and the amount of its contents because some liberal fought for his right to know what he was putting on his body and how much it contained. Joe dresses, walks outside and takes a deep breath. The air he breathes is clean because some tree hugging liberal fought for laws to stop industries from polluting our air. He walks to the subway station for his government subsidized ride to work; it saves him considerable money in parking and transportation fees. You see, some liberal fought for affordable public transportation, which gives everyone the opportunity to be a contributor.
Joe begins his work day; he has a good job with excellent pay, medicals benefits, retirement, paid holidays and vacation because some liberal union members fought and died for these working standards. Joe’s employer pays these standards because Joe’s employer doesn’t want his employees to call the union. If Joe is hurt on the job or becomes unemployed he’ll get a worker compensation or unemployment check because some liberal didn’t think he should lose his home because of his temporary misfortune.
Its noon time, Joe needs to make a Bank Deposit so he can pay some bills. Joe’s deposit is federally insured by the FSLIC because some liberal wanted to protect Joe’s money from unscrupulous bankers who ruined the banking system before the depression.
Joe has to pay his Fannie Mae underwritten Mortgage and his below market federal student loan because some stupid liberal decided that Joe and the government would be better off if he was educated and earned more money over his life-time.
Joe is home from work, he plans to visit his father this evening at his farm home in the country. He gets in his car for the drive to dads; his car is among the safest in the world because some liberal fought for car safety standards. He arrives at his boyhood home. He was the third generation to live in the house financed by Farmers Home Administration because bankers didn’t want to make rural loans. The house didn’t have electric until some big government liberal stuck his nose where it didn’t belong and demanded rural electrification. (Those rural Republican’s would still be sitting in the dark)
He is happy to see his dad who is now retired. His dad lives on Social Security and his union pension because some liberal made sure he could take care of himself so Joe wouldn’t have to. After his visit with dad he gets back in his car for the ride home.
He turns on a radio talk show, the host’s keeps saying that liberals are bad and conservatives are good. (He doesn’t tell Joe that his beloved Republicans have fought against every protection and benefit Joe enjoys throughout his day) Joe agrees, “We don’t need those big government liberals ruining our lives; after all, I’m a self made man who believes everyone should take care of themselves, just like I have”.
Fosamax Lawsuit. Nation’s Leading Attorneys For ONJ Cases
History of Breast Silicone Implant Litigation: 1977-1999
The 22-year history of breast implant litigation provides us with a most important lesson. Specifically, scientific study must preceed commerce and marketing.
Even if the scientific data is provided “after the fact”, it does not stop a legal disaster from unfolding.
The lack of this data in the 1990s led to a 14-year ban on silicone gel implants, billions spent in two class action suits, over 20,000 individual lawsuits, and the temporary collapse of an entire industry. The following attempts to summarize this story:
1977:
A Houston attorney won the first breast implant lawsuit for a Cleveland woman who claimed her implants had caused pain and suffering. She received a $170,000 settlement from Dow Corning and the case received little publicity.
1980s:
Raph Nader’s Public Citizen Research Group sent out warnings that silicone breast implants cause cancer.
1984:
A California attorney won a case for Maria Stern who claimed that her autoimmune disease was caused by her breast implants. Evidence was introduced from Dow Corning’s own internal documents that they had been aware of high rupture rates and gel bleed with the 2nd generation implants. “Expert witnesses” theorized the silicone–immune link for the first time. The San Francisco court awarded $211,000 in compensatory damages and $1.5 million in punitive damages.
1990:
A television program, “Face to Face with Connie Chung” aired, discussing the dangers of silicone gel filled breast implants. Public concern mounted, and a Congressional hearing was held on the safety of breast implants.
July, 1991
:
Dow Corning released 329 studies to the FDA. In a separate lawsuit against Baxter/Heyer-Schulte, an Alabama court awarded a $5.4 million settlement to Brenda Toole, who showed only preliminary symptoms of systemic autoimmune disease, but had silicone in her lymph nodes. “Expert witnesses” stated that she was thus at increased risk of developing autoimmune disease.
December, 1991:
Attorney Dan Bolton, who won the case for Maria Stern, won another case for Mariann Hopkins who claimed that her mixed connective tissue disease was linked to her ruptured silicone breast implants.
February, 1992:
A class action lawsuit was filed in Cincinnati by Stan Chesley. The hope was to compensate women at a faster rate than filing individual lawsuits. The FDA Panel recommended that the further use of silicone implants be limited for reconstruction only. The panel also concluded that no causal link has yet been established between autoimmune disease and silicone breast implants.
March, 1992:
Dow Corning, Bristol-Myers Squibb and Bioplasty all left the breast implant business. Dow Corning set up a fund for further research into the safety of breast implants.
April, 1992:
The FDA placed a ban on the use of silicone breast implants outside of an FDA-approved research study. The only women allowed to receive implants were those undergoing breast reconstruction. All of the implant recipients must become part of a scientific protocol.
March, 1994:
A class action lawsuit was finalized by the manufacturers, including Dow Corning, Baxter, Bristol-Meyers Squibb/MEC, and 3M. At $3.4 billion, it was then the largest class action lawsuit in history. Women would be allowed to drop out of the settlement if they choose. Companies could also “opt out” if too few women register claims.
June, 1994:
Mayo Clinic epidemiologists published a report in the New England Journal of Medicine which finds no increased risk of connective tissue disease in women with silicone breast implants.
1995:
The American College of Rheumatology issued a statement that the evidence is “compelling” that implants do not cause systemic disease.
May, 1995:
Dow Corning filed for Chapter 11 Bankruptcy, with over 20,000 individual lawsuits pending. Over 410,000 have filed claims in the class action settlement. The bankruptcy essentially halted all litigation.
November, 1995:
A new global settlement was developed without Dow Corning.
December, 1995:
More than 20 scientific studies and abstracts have been published showing no causal relationship between silicone implants and a variety of auto-immune diseases.
September, 1996:
The California Court of Appeals upheld a decision dismissing Dow Corning from 1,800 lawsuits.
December, 1996:
An Oregon Federal Judge ruled that plaintiff’s lawyers cannot present evidence that silicone implants caused disease because it is scientifically invalid. Seventy claims were dismissed.
January, 1997:
The American Academy of Neurology reviewed existing studies and reported that there is no link between silicone breast implants and neurological disease.
March, 1997:
A Michigan Judge ruled that Dow Corning is not liable for hundreds of women in the state.
September, 1997:
The Journal of the National Cancer Institute published a review of scores of medical studies that concludes breast implants do not cause breast cancer. The researchers described the evidence for linking implants to any other disease as “borderline.”
April, 1998:
Two large scientific studies failed to show that silicone implants are linked to neurological disease.
December, 1998
: After two years and $800,000, a panel of four independent experts appointed by Judge Sam C. Pointer, overseer of implant lawsuits in the Federal courts, concluded that scientific evidence so far has failed to show that silicone breast implants cause disease.
June, 1999:
The Institute of Medicine released a 400-page report prepared by an independent committee of 13 scientists. They concluded that although silicone breast implants may be responsible for localized problems such as hardening or scarring of breast tissue, implants do not cause any major diseases such as lupus or rheumatoid arthritis. The Institute of Medicine is part of the National Academy of Sciences, the nation’s most prestigious scientific organization. Congress had asked the Institute to set up the committee.
August, 2004:
August of 2004 was the deadline for registering for the re-negotiated global settlement with Dow Corning, which they established after coming out of chapter 13 bankruptcy. By this time, most all individual lawsuits against Dow Corning had been thrown out or dropped. The breast implant litigation era ended with little media fanfare.
November, 2006:
The FDA lifted the ban on silicone gel filled implants, 14½ years later. By now, silicone implants sold are “4th generation” implants which are much improved over the “2nd generation” implants with the thin walls and high “gel bleed” that led to all the media attention. The further improved “5th generation” implants are still not FDA approved, but are available in other countries.
Categories: Litigation Tags: apple, Lawyers, litigation, litigation nation, sun, youtube
Litigation Is
litigation is
How is it that LimeWire is able to exist but Napster went under after litigation?
I really haven’t paid much attention to legal news in a while, but just wondered how LimeWire pulls off what Napster was crucified for?
Contrary to popular belief, sharing files is perfectly legal. Sharing files that without permission from the copyright owner is illegal. Napster was a website that stored and distributed copyrighted files without permission. Limewire is a PROGRAM that allows users to share files they may actually own.
Litigation Services Handbook
litigation services handbook
Nextraction Announces Update to NI 51-101 Reserve Report for North Pinedale Project
VANCOUVER, BRITISH COLUMBIA– (Marketwire – July 28, 2010) – Nextraction Energy Corporation (TSX VENTURE:NE) (the “Company”) announced that MHA Petroleum Consultants LLC (“MHA”) has completed an update to its National Instrument technical report (NI-51-101) estimating reserves and future net revenues for the Company’s North Pinedale Project, located on the crest of the Pinedale Anticline in …
St. Louis County, Missouri
Joshua Tree Business Attorneyâs Top Ten Sarah Palin Fun Things to Do in Alaska
Here is Joshua Tree Business Attorney Sebastian Gibson’s Top Ten:
1. Visit beautiful Visalia.
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2. Look across the water and see what Russia is up to.
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3. Feed the polar bears some democrats.
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4. Have a drink with a maverick.
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5. Learn how to be a do-it-yourself plumber.
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6. Say “you betcha” in all the cafes.
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7. Look for witch doctors.
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8. Find out where Canada is and look for the President of France, whichever province that is in.
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9. Look up “whack job” and find out if it’s a good thing.
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10. Take in a PTA meeting.
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Now here is everything (well, almost everything) you need in business to get through life about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, food and wine, hotel and restaurant law, and litigation without making any serious legal missteps. Â
If you need to know more about business, environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publicity and privacy rights, publishing, advertising, media, employment law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law or child accidents, you can find valuable information by searching for those subjects and adding the words Joshua Tree business lawyer or Joshua Tree business attorney to your search terms and looking for other articles by Sebastian Gibson.
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You can also learn more about any of these business areas of law and how we can assist you as Joshua Tree business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .
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1. Personal Injury, Car Accidents, Drowning Accidents, Brain Damage, Catastrophic Injuries and Wrongful Deaths in Joshua Tree – If you’ve had a Joshua Tree auto, motorcycle, truck, pedestrian, bicycle, bus, train, airplane or car accident of any kind, get the other driver’s information, take camera or cell phone pictures, call the police, get a report, seek medical treatment immediately, call us or another good Joshua Tree personal injury lawyer, follow up with more medical treatment if you are still hurt, report the accident to your insurance agent, file a report with the DMV and don’t talk to anyone else or give a recorded statement until you talk with us. If you’ve lost a loved on in an accident, call us or another good Joshua Tree personal injury lawyer immediately. If you’ve been bitten by a dog, get treatment, call animal control and then call us. If you or someone you know has come close to drowning, seek medical treatment immediately as death or serious injury can still occur hours later.
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2. Joshua Tree Business – Put everything in writing and preferably with our help or the help of another good Joshua Tree business lawyer. Spend money only as you need to. A Joshua Tree business attorney can tell you where to save costs and how to do it without risking liability. Limit your promises to employees and to customers. Buy insurance. Protect your intellectual property at the outset. Don’t disclose your inventions or any trade secrets to anyone without a non-disclosure agreement. Incorporate as soon as you are profitable. Get legal advice for problems or indications of pending lawsuits immediately. Keep all costs, including labor costs, to the bare minimum. Always use confidentiality agreements when disclosing valuable information and be careful what information you agree to receive. Tell customers they must pay in advance or on delivery. Do not agree to bill and be paid at a date after delivery. Otherwise you won’t be paid on a percentage of your products. Be wary of the potential for fraud by customers, business partners and employees.
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3. Residential and Commercial Real Estate, Landlord Tenant Law, Mortgage Law and Homeowners Association Law in Joshua Tree – Use a Joshua Tree real estate lawyer who is also a Realtor, or a Realtor who is also a Joshua Tree real estate attorney. Don’t buy or lease more than you need. Choose the right location. Choose the right mortgage. Don’t refinance if you think you may need to walk away from a home. Don’t buy more than you can afford. Check out the neighborhood carefully. Get a home inspection and a home warranty. Have a Joshua Tree real estate lawyer look over the documents. Homeowner Associations are facing a host of problems stemming from the number of foreclosures. As fees are reduced by vacant homes and condos, projects must be trimmed back or delayed in order to save money. Some homeowner associations, who were already in trouble, may face additional problems in the future and both homeowners and their associations should consult with legal counsel to help resolve how to deal with such issues.
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4. Construction in Joshua Tree – With the construction industry in it’s biggest ever slump, down more than 90% from its peak in many areas, Joshua Tree contractors need to shift their focus to energy free homes, apartment construction and to take advantage of contracts likely to be offered for bid under the new administration’s plan to create new jobs rebuilding the country’s infrastructure, construction of roads, bridges, the electrical grid and other utility projects. If you are dealing with contractors yourself, always use licensed contractors and have a Joshua Tree construction lawyer look over your contracts. You can also investigate the contractor online to ensure he is licensed and insured and a Joshua Tree construction attorney can do an additional investigation at little extra cost. Never pay a contractor the entire sum for a project at the start. Put all agreements in writing, including any changes.
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5. Joshua Tree Patents and Biotechnology – A patent should be applied for, for any new, and non-obvious process, or invention and to any new improvement of an invention at first opportunity. A patent is good for 20 years. Depending upon the complexity, most utility patent applications will cost between $8,000 and $12,000.00. A design patent can be applied for by a Joshua Tree patent attorney, for the look of an item and is good for 14 years. A provisional patent can be applied for, good for one year at a cost of half of the usual utility patent cost but is only good for one year. If the inventor does not upgrade the provisional patent into a utility patent application within that period, usually for the cost of the remainder of the corresponding cost of a utility patent, the inventor loses his or her protection. A patent is pending once it has been applied for, and can be licensed, or sold outright. Without a patent, others can make and sell your invention with no compensation to you. Patent searches help the Joshua Tree patent lawyer write an application around existing patents and cost an additional sum, usually under $1,000.00. Drawings must also be prepared for the patent application usually for under $500.00. A design patent can be sought for between $1,000 to $1,500 and a European design patent for between $2,000 to $2,500. Accelerated patent applications usually cost an additional 50% of normal patent applications. Foreign patent applications also require additional fees.
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6. Joshua Tree Trademarks – Trademark any original logos, designs, words, phrases, symbols or combinations that you use to identify your products or services as soon as possible. Call a Joshua Tree trademark attorney as soon as anyone else’s trademark or service mark is so similar as to cause a likelihood of confusion in the public or if you receive a cease and desist letter from someone else accusing you of infringement. Trademark applications range from between $2,500 if there has not yet been any use of the trademark to $1,500 to apply for a trademark already in use. Therefore, to save money, create some products and advertising materials and apply for the trademark once they are ready to be sold and advertised.
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7. Joshua Tree Corporations – Never incorporate by yourself. Corporations will not protect you from liability if you do not follow corporate formalities correctly. Protect your intellectual property from the start with the help of a Joshua Tree corporations attorney. Don’t borrow someone else’s employee handbook or fire problematic employees without legal advice. Don’t get investors without seeing one of our Joshua Tree corporate attorneys. Cut costs to the bone. Use extra money to advertise, and sell in new markets. A Joshua Tree corporations lawyer can provide you with advice as to which type of corporation or LLC to use for your business.
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8. Entertainment Law, Sports Law, Marketing, Advertising, Media and Copyrights in Joshua Tree – Whether you are a musician, an actor, a model, a writer, an athlete, a broadcaster or connected in any other way to the entertainment industry, contact us or another good Joshua Tree entertainment attorney as soon as anyone gives you a contract to sign. Signing a bad contract can end your career before it’s ever begun. As soon as you have written any body of work, have it copyrighted. You can do this quite easily yourself, but if you need assistance or if someone else infringes your copyrighted work, you can then file suit against such a party.
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9. Joshua Tree Litigation – At the first sign that someone may sue you or your business, consult with a Joshua Tree litigation attorney. Many times, a lawsuit can be forestalled before it has been filed or the matter resolved with letters between the litigation attorneys. If you are served with a lawsuit, hire a Joshua Tree litigation lawyer like one from our firm who specializes in mediations and non-binding arbitrations so your litigation can be resolved at the soonest possible opportunity and limit your exposure to years of lawyer’s fees and costs as your case winds slowly through the courts.
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10. Food and Wine Law, Hotel and Restaurant Law in Joshua Tree – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a Joshua Tree food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.
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If you have a legal matter in Joshua Tree, Palm Springs, Palm Desert, Indian Wells, Rancho Mirage, Indio, La Quinta, Coachella, Twentynine Palms, Thermal, Cathedral City, Desert Hot Springs, Yucca Valley or anywhere in the Coachella Valley, our Joshua Tree law firm has the knowledge and resources to be your Joshua Tree Lawyers and your Joshua Tree Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.
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Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Joshua Tree or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Joshua Tree attorney from our offices can assist you.