Lawyers.com Blog

What to Do after You File Bankruptcy

nospam@example.com (G. Mark Albright) — Mon, 23 Nov 2009 16:47:45 -0500

While bankruptcy gives you a fresh start, it does not give you a free ride. Once you have reached the other side of bankruptcy, you have to work hard to take control of your new life. Las Vegas bankruptcy lawyers, such as the Las Vegas Nevada lawyers of Albright, Stoddard, Warnick & Albright, can provide valuable advice toward achieving that fresh start, and the following activities will help you to build a sound financial future.

Adjust your spending

Learn how to keep your future spending within your means by establishing a strict budget. Look at all required spending, such as mortgage payments or rent, utilities, food, auto expenses, and anything else you absolutely must spend each month. If your income does not meet these basic needs, you may need to get a second job, or adjust your life in other ways to ensure you can pay for your needs and even save some money for emergencies.

Work on your credit report

Once all your debts have been discharged in bankruptcy, you want to make sure they do not continue to appear on your Equifax, Experien, and TransUnion credit reports. Work with all three credit bureaus to ensure that your prior debt has been eliminated in your records.

Establish credit

This does not mean you should get into debt again, but you do need to take action to improve your credit score, because it affects so many aspects of life—even the ability to get a job. Experienced Las Vegas bankruptcy lawyers can give you some ideas on how to establish new credit lines after bankruptcy. One option might be to open a bank savings account and obtain a credit card that is attached to that account.

Avoid credit traps

You need to be watchful of a number of credit traps in future transactions. Here are some examples:
Co-signing loans—Avoid co-signing loans for anyone, even your own family members. If they do not pay, you are responsible, and you will not be able to eliminate that debt under bankruptcy for eight years.
Carrying credit card balances—As a rule of thumb, if you can’t afford something, do not buy it. Get in the habit of paying off your credit card balances in full at the end of each month. If you absolutely cannot pay off a balance, do not charge any other items on the card until you have paid the balance in full.
Credit repair—Be prepared: you are likely to receive many offers by companies that claim they can fix your credit report. In fact, there are no shortcuts—a bankruptcy filing remains on your credit report for ten years, and the only way to repair your credit is by establishing sound habits in handling your money and credit.

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Deadly Vehicle Fire On California's 210 Freeway

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 16:20:47 -0500

The Los Angeles Times has reported that driver was killed on the 210 Freeway ("Foothill Freeway") near La Canada Flintridge on Sunday.

A motorist was killed Sunday on the Foothill Freeway near La Cañada Flintridge when his pickup truck blew a tire and crashed into a concrete wall where it burst into flames, authorities said.
The fiery accident happened about 2:45 p.m. on the westbound 210 near the freeway’s tunnel under downtown La Canada Flintridge, according to the California Highway Patrol.
The impact sent debris into the eastbound lanes of the highway, hitting two vehicles and a motorcyclist, who was taken to a local hospital with moderate injuries, officers said. All eastbound and westbound lanes were closed temporarily for cleanup.

This terrible accident and subsequent fire comes on the same day that a mother, father and child were killed when the Chevy Blazer caught fire on the 210 Freeway near Sunland Boulevard.

Car makers have known for decades that people should not burn alive in a vehicle fire.

Car makers know that people should not burn alive in their vehicles, but it happens nearly every day. According to the US Fire Administration, post-collision vehicle fires are the leading cause of vehicle-related deaths. These fires ignite for a variety of reasons, including failure to incorporate anti-siphoning (anti-leak) valves, failure to include fuel filler tube check valves, misrouting of fuel lines, failure to protect fuel lines, improper placement of the fuel tank inside the vehicle's crush zone, and inadequate shielding of the fuel tank.

You can learn much more about vehicle fires... what causes them and how they can be prevented at this previous article: Burned Alive: What You Need To Know About Fuel Fed Fire Defects.

Become a fan of Langdon & Emison on Facebook.

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Las Vegas Hotel/Casino Negligence

nospam@example.com (Cal J. Potter) — Mon, 23 Nov 2009 15:55:40 -0500

There are many cases in Las Vegas where negligence or unprofessional behavior or just plain carelessness at a hotel or casino resulted in a serious personal injury to a guest. Defendant businesses and their lawyers routinely begin by denying and disputing each and every fact in a catastrophic injury case. That's when a Las Vegas personal injury lawyer with experience can really help. First, the attorney reporesenting the individual or the firm that may have been careless and at fault will usually deny that they were responsible for the injuries they caused. Secondly, they deny that their wrongdoing or negligence caused the injuries. Third, they deny the extent of the injuries or they try to minimize the true extent of the negative impacts the injury has on the victim and their family. Fourth, they finally admit the extent of the injuries, but suggest that as a result, the plaintiff's life expectancy is shortened. Lastly, they contend that institutionalization would severely reduce the victim’s care costs. Potter Law Offices will fight all of these ridiculous arguments and work hard to ensure that you are fully compensated for your injuries. If they refuse, we will be prepared to bring the case to trial in front of a jury.
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Car Accident Lawyer Advice: Control Your Social Networking Profiles

nospam@example.com (Steven M. Gursten) — Mon, 23 Nov 2009 15:11:56 -0500

As a car accident attorney, I always tell my clients that playing around on Facebook, MySpace, Twitter or other similar social networking sites can have dire consequences for an auto accident case.

For example, insurance adjusters and defense attorneys will investigate your accounts, Web pages and blogs — even when set as ‘Private’ — and look for things that can help them avoid taking full responsibility for the harms they have caused. The purpose of this Internet research is to attempt to show that you are not as injured as you claim.

Watching this happen to my own clients spurred me to compile a list of 17 common mistakes made by well-meaning auto accident victims. These mistakes unfortunately play a crucial role in hurting good people with legitimate cases. Read here to prevent innocent mistakes your insurance company and defense lawyer may one day try to use against you.

I’ve included an interesting (and disturbing) example of a government lawyer’s Facebook “friend request” to the plaintiff client of one of my personal injury attorney friends. This was obviously improper, but serves as a relevant example of how lawyers are using Facebook and other social networking sites to initiate improper and unethical communication with a party represented by an attorney. The excerpt below was forwarded to me as part of a motion request to have the government attorney disqualified.

Acceptance of a friend request would broadcast to both the sender’s and the recipient’s universes of friends the announcement that “sender and recipient are now friends.” In addition, the friendship request opened up sender’s personal profile and other friends to recipient. Since the sender has only 17 friends, ranging from personal friends to her enlisted assistant, it appears she considers her Facebook intimate and is surely discerning about those she invites to be her “friend.”

Moreover, courts all over the country have held that the mere “friend request” initiated by sender on a private social networking site constitutes a contact and communication; in State v. Fernino (Stapleton Criminal Court, NY 2008), where a MySpace friend request constituted a communication in violation of a restraining order even though the recipient had a choice to accept or reject it, the court likened the friend request to a telephone call from the initiator asking, “I would like to communicate with you. Are you interested?” Had sender called recipient and prefaced such a question to a conversation, the mere contact itself would suffice to disqualify her from these proceedings. In the United Kingdom, Dillon Osborn was even jailed in 2007 because his Facebook “friend request” constituted an unwanted communication.

Recipient’s Facebook settings are set to “Private.” Thus, only those who have “friended” recipient, as sender attempted to do using her first name and last name but not her rank, can view his personal profile, stored personal communications with other “friends,” photographs, postings, etc. In Pietrylo v. Hillstone Restaurant Group, (2008 WL 6085437 D.N.J.), the U.S. District Court refused to dismiss claims against an employer asserting that efforts to view private social networking pages on MySpace — in an attempt to terminate an employee — constituted tortious invasion of privacy and violations of the federal Stored Communications Act (18 U.S.C. §§ 2701-11); a jury subsequently held the employer liable under the aforementioned and other counts and the District Court denied post-trial motions to dismiss.

Furthermore, in a Ninth Circuit case with strikingly similar facts, the court also denied defendant’s motion for summary judgment where plaintiff-employee alleged that the employer had gained unauthorized access to his private online bulletin postings under false pretenses. (Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 880 (9th Cir. 2002).

Here and similarly, either sender attempted to violate 18 U.S.C. §§ 2701-11 and tortiously invade recipient’s privacy in the course of a proceeding to terminate his employment with the Marine Corps by way of administrative separation, or she inappropriately contacted him socially. If she was hoping recipient would not yet be aware of her identity as recorder in the case, and inadvertently granted her access so she could investigate the recipient and his social interactions, then sender would have done so under false pretenses and violated the federal Wiretap Act, Stored Communications Act, and committed a common law tort of invasion of privacy. If she thought recipient knew – or could figure out – who she was, then an attempt by a recorder to engage the target of separation proceedings in a social interaction is an inappropriate communication in the clearest of forms.

In either instance, her continued presence as Recorder on this case is clearly impermissible.

Objection to Unethical Communication With Plaintiff Via Social Networking

A reasonable delay also is justified so that the government can appoint a new recorder to this case. On Tuesday, 25 August 2009, Capt X contacted Sgt Y via an online social networking site, Facebook. She attempted to “friend” Sgt Y, which, had he accepted her friend request, would have allowed her to access his profile, photographs, communications with other “friends,” and other information.

Rules of Professional Conduct prohibit such contact. Specifically, JAGINST 5803.1C of 9 November 2004 states:

RULE 4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL.

In representing a client, a covered attorney shall not communicate about the subject of the representation with a party the covered attorney knows to be represented by another attorney in the matter, unless the covered attorney has the consent of the other attorney or is authorized by law to do so.

Most states have rules of professional conduct that contain the same prohibition. Capt X had no legitimate reason to contact Sgt Y in this or any other manner without going through his detailed counsel. Her conduct creates an appearance of impropriety which is insurmountable, and I respectfully request that the Commanding General appoint a new recorder to this case.

How to Protect Your Auto Accident Case in Michigan

With the above in mind, the lawyers of Michigan Auto Law encourage car accident and truck accident victims to use extreme caution with social networking sites. Remember, people whose job it is to hurt your case or mitigate your damages will be watching.

Please avoid or exercise the utmost care in posting:

¿    Photographs or videos of yourself (defense lawyers can say older photos reflect your current activity);
¿    Personal feelings about the person who caused your injuries;
¿    Status updates about your lawsuit or future plans after your case;
¿    Any personal information about you, your family or your lifestyle.

Insurance companies will start monitoring and copying your social networking accounts almost immediately after an accident occurs. Consider removing controversial items immediately.

Read more about how your activities can affect your case in my Michigan Car Accident Blog which includes posts on mistakes that victims make.

Steven M. Gursten is recognized as one of the nation’s top experts in serious car and truck accident injury cases and automobile insurance no-fault litigation. Steve has received the largest reported jury verdict for an automobile accident case in Michigan in four of the past seven years, including 2008, according to Michigan Lawyers Weekly.

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PROPERTY OWNER AGAINST GOVERNMENT AGENCY

nospam@example.com (Barry A. Ross) — Mon, 23 Nov 2009 15:05:13 -0500

An experienced legal counsel can assist you with your claims against a government agency, such as:

1. Land use and zoning.

You own vacant land that is zoned for apartment usage. You wish to construct a building consisting of 20 apartment units. The city decides it has too many apartments in this area and restricts you to 5 apartment units. Legal counsel can assist you in arguing your case against the city in order to allow you to construct the 20 units you are seeking.

2. Eminent domain.

Eminent domain occurs when the city seeks to take your property by condemnation with the understanding that the city will pay you “just compensation.” One issue is whether the city has the authority to take your property by condemnation. The second issue is whether the city is offering you “just compensation.” In most cases, the city offers the property owner less money for the property than what the property owner believes the property is worth.

3. Inverse condemnation.

Inverse condemnation occurs when a city initiates action against your property which damages the property or otherwise reduces the value of your property. This can occur by a physical taking such as a negligently installed drain that floods your property or a regulation, such as a rule that prohibits you from building anything on your property. Legal counsel can assist you in recovering damages from the city for inverse condemnation.

4. Environmental (adequacy of environmental review).

For many governmental land use decisions, there is a requirement that the governmental agency conduct an adequate environmental review. If the environmental review is inadequate, the project cannot go forward.

5. Permitting and variances.

You own a narrow vacant lot on which you wish to construct a residence that will be narrow and long. The city will not allow you to construct such a house because it requires the house to be wider than your lot. Legal counsel can assist you in seeking a variance from the city in order to allow you to construct a house on your lot.

6. Subdividing.

You own a 20 acre parcel in the desert that you wish to subdivide so that you can construct a housing tract. The city is requiring that as a condition of the subdivision, you pay the city a fee of $500,000. You object to payment of this fee. Legal counsel can assist you in determining whether this fee is reasonable and justified, and could bring an action against the city to invalidate this fee.

For more information concerning claims against a governmental agency, contact Barry A. Ross, Esq. at 949-727-0977, e-mail: rossbarry@aol.com or visit our website at: www.rossrealestatelaw.com

History of the Federal False Claims Act

nospam@example.com (Donald R. Warren) — Mon, 23 Nov 2009 14:56:25 -0500

The False Claims Act is intended to encourage people to come forward with information and assist the government in stopping Medicare fraud, defense contractor fraud and other kinds of fraud. Under the statute, individuals are awarded a percentage of the money the government recovers as a result of their successful whistleblower lawsuits.

The False Claims Act dates back to the Civil War when, in 1863, President Abraham Lincoln and the Congress enacted this law to combat defense procurement fraud in which unscrupulous defense contractors were billing the Union Army for dead mules, boots with soles that had glued on, rather than stitched (and were coming apart in the rain and mud), and gunpowder that had been salted down with sawdust.

President Abraham Lincoln knew the federal government lacked the “insider knowledge” needed to uncover sophisticated schemes of fraud against the federal treasury. As a result, Lincoln wanted a law that would reward insiders who came forward with their private attorneys to disclose the fraud and prosecute it. This reward is called the “qui tam” provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. “Qui tam” comes from the Latin phrase, “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means "he who comes for the king as well as for himself." So, in a “qui tam” lawsuit under the False Claims Act, private citizens sue for themselves and on behalf of the federal government. Click here to read more...

About us: WARREN | BENSON LAW GROUP has been lead counsel and co-counsel in hundreds of qui tam action lawsuits nationwide targeting virtually every type of government contractor fraud. Click here to read more...

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How Do I Avoid an Auto Accident?

nospam@example.com (James M. Roane) — Mon, 23 Nov 2009 14:21:05 -0500

At Roane Law, our Greensboro car accident attorneys see many victims of serious car accident injuries. Unfortunately, many auto accidents are unavoidable and often unpredictable, whether the cause of a crash is due to dangerous weather conditions or the carelessness or negligence of another driver. In other cases, there are a number of ways you can avoid a collision:

Always look both ways: Whether you are merging onto a highway or about to turn on a local road, it is important to always look both ways and be aware of your surroundings.
Be aware of your blind spots: Make sure you are familiar with where the blind spots in your car are and do not always rely just on your mirrors. Many times drivers rely solely on their mirrors and experience collisions because they did not see another car located in the blind spot.
Avoid tailgating: It is important to always allow enough space between you and the car ahead of you in order to avoid any collisions.
Always be observant: Be aware of your surroundings and other drivers. If you see another car driving too fast, swerving or showing any sort of dangerous behavior, steer clear of that driver.
Be a safe driver: Try to drive during clear and safe weather conditions if possible. If you are feeling fatigued or sick, avoid driving until you feel you are clear-headed and aware enough to drive safely.
Keep your car maintained properly: A number of car accidents occur due to the improper “keep-up” of a driver’s vehicle (i.e. old tires, worn out brakes). It is extremely important to make sure your car is always running properly in order to ensure safety on the road for you and other drivers.
Drive the speed limit: More often not, people feel it is okay to drive above the given speed limit. Speed limits for roads and highways are created for a reason – to keep all drivers safe on the road. Make sure to always obey the speed limit in order to lower the risk of becoming involved in a serious or fatal accident.

Roane Law – Greensboro Car Accident Attorneys

4319 High Point Rd.
Greensboro, NC 27407-4351
Telephone: 336.790.6322
Fax: 336.285.5425

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Social media website usage is up - What is your business doing about it?

nospam@example.com (Laura A. Rogal) — Mon, 23 Nov 2009 11:59:03 -0500

According to Alexa.com, the industry standard for tracking website usage, seven of the top twenty websites in the United States are social media sites. These sites include Facebook (the third most trafficked website in the U.S.), MySpace (#5) and Twitter (#13). It's not just frivolous visits to these sites that is up, however. A recent survey of nearly 3,000 North American professionals by Business.com revealed that there is a shifting trend among businesses in capitalizing upon the increase of the business professional's use of social media. One particular point suggested by the survey is that while there typically exists corporate policies to restrict access to social networks while at work, that trend should be re-examined in light of the business value of social media. The numbers are telling - among survey respondents using social media for business purposes, 55% search for business information on websites such as Facebook and Twitter. In light of this increased usage of social media by businesses, an increasing number of lawsuits have emerged within the past few years. To avoid having your business encounter such a problem, if your company is considering recalibrating its work-based internet and/or social media policies to address the increased business applications of social media, we suggest that you create a structured written policy regarding internet usage in the workplace.

How to Properly Prepare For Your Divorce Law Firm

nospam@example.com (Mitchell A. Byrd) — Mon, 23 Nov 2009 11:51:01 -0500

If you facing a legal separation, divorce, or mediation it is only natural to be concerned about the expensive legal fees and long period of time that typically comes with any dissolution of marriage. Our Chattanooga divorce lawyers have worked with a lot of different families, and we know that one of the best ways to save time, money, and aggravation is to be properly prepared when you meet with your family law firm. While each state’s marriage laws and procedures slightly vary, there are several ways that can consistently help you prepare for when you meet with your family law firm.

Have your questions prepared. Before you begin the legal divorce procedures you will want to have all of your options presented to you. Write down the many questions you want to ask your attorneys before you meet with them to save time. Have your attorneys discuss the differences between a contested and uncontested divorce, and which category you and your spouse fall into.
Bring a list of your assets, debts, and properties. Your attorneys will divide your assets and debts in the settlement agreement. You need to be honest and upfront when discussing these possessions with your lawyer.
Properly prepare for your child custody case. If children are involved the judge will be looking at almost every aspect of your life when deciding custody of the children. You will need to provide how much you make, how much time you spend working, how much time you can dedicate to your children, the cost of living to provide your children, as well as references of your parenting from people close to you. If you have a criminal, drug, or abuse record you need to be upfront with your attorney so he or she can best represent you.

If you have more questions, contact the Chattanooga divorce lawyers of Mitchell A. Byrd, PLLC. Our attorneys are experienced with Tennessee divorce lawyer and help those struggling with family law issues such as child custody, divorce, or legal separation in Chattanooga, Nashville, Knoxville, Franklin, and through Tennessee.

MITCHELL A. BYRD, PLLC - Chattanooga divorce lawyers
622 Georgia Avenue, Suite 102
Chattanooga, Tennessee 37402
Toll-Free: 888-265-4856
Phone: 423-265-3001
Fax: 423-265-310

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Tip On How To Avoid Trucking Accidents

nospam@example.com (Drayton D. Berkley) — Mon, 23 Nov 2009 11:44:34 -0500

We have all felt the fear of driving alongside or in front of a massive truck; it is not difficult to imagine how dangerous an accident would be. How can we avoid truck accidents?

Understand the Truck’s Limitations

Every driver should know a truck’s limitations. A truck cannot stop as quickly or within the same distance as an automobile can, and the faster the speed, the longer it takes a truck to stop. A truck traveling at 55 miles per hour will need nearly 300 feet – three football fields – to stop, and that is with good brakes in good weather conditions.

Trucks have very wide blind spots where an automobile is not visible to the truck driver. These blind spots occur alongside the truck, behind the truck, and in front of the truck. If you cannot see the driver’s face in the side mirror or window, then the driver cannot see you. If you are passing a truck, do not move back into the right lane until you can see the entire front of the truck in your rearview mirror.

Make Allowances for the Weather, the Traffic, and the Road

Trucks fare no better in bad weather than automobiles, and in fact, bad weather may increase the truck’s limitations, particularly with respect to slowing and stopping. If you are following a truck, make sure to stay back for at least a ten second count. Start counting when a truck’s bumper has passed a mile marker – you should not pass the same mile marker for at least a count of ten.

Make Allowances for Bad Truck Drivers

We rarely assume that all drivers on the road are good, or even adequate drivers, and so we drive defensively. Despite their training, there are also truck drivers who should not be driving. If you are concerned about a truck driving near you, and you cannot safely put distance between yourself and the truck, get off the road. Pull into a rest stop, or let the truck pass you. Nothing can be gained by challenging the truck driver.

This article is provided by the experienced Tennessee truck accident attorney at the Berkley Law Firm PLLC, 877.224.1131, www.berkleytruckinglaw.com. 81 Monroe, Ste 400 Memphis, TN 38103

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California Car Fire Kills Parents, Child Near Los Angeles

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 10:21:29 -0500

KTLA has reported that a mother, father and child were killed when their Chevy Blazer struck a parked semi-truck and caught fire on the 210 Freeway near Sunland Boulevard in Sunland, near Los Angeles, California. Two other children were pulled from the burning vehicle and expected to be released.

SUNLAND -- Two children were pulled from the burning wreckage of a freeway crash that killed their father, mother and teenage brother in Sunland Sunday morning, authorities said.

The collision on the westbound shoulder of the freeway just east of Sunland Boulevard happened about 5 a.m., according to the California Highway Patrol. The GMC the family was riding in smashed into the back of a big rig that was legally parked on the side of the 210 Freeway, said Brian Humphrey of the Los Angeles Fire Department.

The GMC burst into flames and ignited a small brush fire nearby that was quickly extinguished.

A passerby dragged a boy, 11, and girl, 9, from the burning wreckage, Los Angeles Fire Department spokesman Brian Humphrey said.

The bodies of the father 41, the mother, 40, and their 14-year-old son were later found in the vehicle.

The surviving children were taken to Children's Hospital with minor injuries and were expected to be released to the custody of their grandparents, California Highway Patrol officials told KTLA News.

Our hearts go out to the children who survived this tragic fire and they and their family are in our thoughts and prayers. Fire accidents like this are tragic and should not happen.

A person should not survive a crash only to be burned alive in a vehicle fire.

You can learn much more about vehicle fires... what causes them and how they can be prevented at this previous article: Burned Alive: What You Need To Know About Fuel Fed Fire Defects.

Become a fan of Langdon & Emison on Facebook.

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Louisiana Railroad Crossing Accident Kills Pastor, Wife

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 10:07:38 -0500

WAFB has reported that Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in Le Moyen, Louisiana on Sunday morning on their way to church.

LE MOYEN, LA (WAFB) - A St. Landry Parish pastor and his wife died after authorities said a train slammed into their car Sunday morning.
Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in the town of Le Moyen, which is located in the northern part of the parish.
According to sheriff's deputies, the train hit the car on the passenger side, causing it to burst into flames.

Our thoughts and prayers go out to Pastor Thomas's family and congregation. This event is a tragic reminder of railroad crossing accident dangers and a call to action for all railroad companies to make their crossings safer.

There have been several tragic railroad crossing crashes in recent months -- many due to defects and problems with the crossings themselves.
There were reports in New Jersey of railroad crossing signal malfunctions that caused warning lights to go off when no train was present. These malfunctions lead to train collisions.
Burlington Northern Santa Fe railroad (BNSF) was fined $4 million for lying to a Minnesota court and attempting to cover up its role in a tragic train crossing crash that killed four people.

Relatives and extended church family of Pastor Thomas and his wife, Florence, are mourning their loss. Pastor Thomas just recently warned his community about the dangers of having a train crossing with no warning lights. Pastor Thomas will be missed by those who knew him.

"If you didn't meet this fellow, you missed a gem because he was one of the greatest people to walk the face of this earth," said Raymon Whitehurst, Thomas's brother-in-law.

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings at by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

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Drug Industry Document Archive (DIDA) Adds 15 More Pharma-Related Documents To Collection In November 2009

nospam@example.com (Thomas J. Lamb) — Mon, 23 Nov 2009 08:21:21 -0500

This Archive Contains Some "Secret" Documents Only Made Public In The Course Of Lawsuits Filed Against Pharmaceutical Companies

(Posted by Tom Lamb at www.DrugInjuryWatch.com on November 20, 2009; see http://bit.ly/92jz9s)

Created and maintained by the University of California at San Francisco (UCSF), the Drug Industry Document Archive (DIDA) contains over 1500 documents, many of which were previously secret and only made public as a result of lawsuits filed against drug companies.

In September 2009 Kim Klausner, who is the Tobacco Digital Library Manager at UCSF, kindly sent us an email notification about the addition of some Wyeth ghostwriting documents to the DIDA collection.

Now, a couple of months later, Kim Klausner has let us know about 15 new rather "revealing" pharma-related documents that have been added to this DIDA collection. From her recent email:

I’m pleased to announce that we’ve added 15 new documents to the Drug Industry Document Archive (DIDA). You can find them by typing in “ddu:20091112” without the quotation marks in the query box at http://dida.library.ucsf.edu. (A few of the documents in this batch replace damaged ones so are not strictly “new.”)
The documents include:
-- Depositions from Karen Mittleman, the DesignWrite staffer who worked on Wyeth’s publication plan for Premarin products. She responds to questions about how academic authors, her medical communications company and the drug manufacturer implemented its plan. (Parts of these documents appear redacted because the version we received had highlighting which doesn’t OCR well.)
-- A letter from Thomas Sullivan, President of Rockpointe, a medical communications firm, spells out the terms under which his company does business with numerous drug company clients and clarifies his relationship with ACRE, the Association of Clinical Researchers and Educators. He also provides a list of payments from drug and medical device companies for Rockpointe services from 2006 to June 2009.
-- The 1999 Tactical Plan for Paxil which includes participation in ISAAC (Initiative for Social Anxiety Assessment and Care), a disease-based registry of potential patients/customers, for which physicians will be paid $100 for each person recruited.
-- The 2004 Lexapro Marketing Plan which includes this gem: Bylined articles will allow us to fold Lexapro messages into articles on depression, anxiety and comorbidity developed by (or ghostwritten for) thought leaders (page 23).
Feel free to forward this announcement to anyone who might be interested. And please click on the Contact Us link at the bottom of DIDA’s pages if you want help searching.

Once again, we are grateful that Kim took the time to let us know about these additions to the DIDA collection, and we thank all the good folks at UCSF who are involved with the creation and growth of this project.

Attorney Tom Lamb represents people in personal injury and wrongful death cases involving unsafe prescription drugs or medication errors. The above article was posted originally on his blog, Drug Injury Watch – with live links and readers’ Comments.
http://www.DrugInjuryWatch.com
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NFL's new brain injury policy is a no-brainer

nospam@example.com (Kim Michael Cullen) — Sun, 22 Nov 2009 23:20:32 -0500

Kudos to the National Football League for announcing a new policy today wherein teams are required to have brain injured players evaluated by independent neurologists before allowing the players to return to the field. Until now, teams were free to have players evaluated by team-selected physicians before giving the okay to play. This practice led to some debate about whether team physicians had conflicts of interest in deciding to allow players back on the field.

As more research becomes available from the medical community, we are becoming more and more aware of the seriousness of injuries to the brain, and particularly the compounding negative effects of multiple concussions suffered by the brain. These types of injuries are not limited to football players, and are often experienced in car and truck accidents. The NFL is admirably trying to stay up with the latest research. Starting this season, all players were required to under basic neurological testing so that a baseline could be established to compare to if the player received a brain injury.

The next step forward for the NFL is to further educate its players to recognize even the minor effects of brain injury. Historically, players are trained to "play through" pain, dizziness, disorientation, and other signs of brain injuries. We have a similar challenge in educating our personal injury clients. Players and clients alike need to realize that any kind of brain injury is serious and deserves attention. Hopefully, the NFL will continue to demonstrate that it cares about the long-term wellness of its players.

For more information, contact us at www.cullen-law.com.

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Leveling the Playing Field in Injury Cases

nospam@example.com (Dixon R. Gahnz) — Sat, 21 Nov 2009 19:28:54 -0500

If you have been hurt in an accident there are many things you are worried about. You are worried about your medical bills, your job, how you are going to pay your household expenses while you are off work. The insurance companies know you are worried, and they know that the more pressure you are under the more likely you are to settle your case before you know the extent of your injuries.

Insurance companies do not offer to pay you while you are off work. They don’t offer to pay the medical bills as you go. If they did that, there would be a lot less stress in your life, and thus no hurry to settle your claim. However, if you are behind in your mortgage because you can’t work, then the pressure to settle is immense.

There is a tool that may help with this problem. It is a Wisconsin statute, §628.46. It provides that a claim is overdue if it is not paid within thirty days of being presented to the insurance company. There are exceptions of course, and the insurance company jumps at any chance not to pay. If the liability is clear, and you submit written notice of the claim with detailed proof of loss, then the insurance company is required to pay that part of the claim. If the insurance company does not pay it within 30 days, it is subject to 12% interest from the time of the demand until it is paid.

There is another aspect of this statute that puts some teeth in it. If an injured person has to sue to collect her damages she can bring a claim under §628.46. Such a claim makes the insurance adjuster’s conduct relevant. For instance, if the insurance company refused to pay because they believed liability was in dispute, the claims file with that information in it becomes relevant to what the adjuster really believes. Insurance companies are notorious for protecting their claims files. They do not want the public to see how they evaluate injuries, and as a result the prospect of having to turn that file over helps the injured person.

If you have been injured and have questions about your rights, contact dgahnz@lawtoncates.com or go to www.lawtoncates.com for more information.

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