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January 27, 2012
An unfortunate event happened a few months ago: A very nice young man (we’ll call him Emilio) slowly and cautiously walked into my office in obvious discomfort. During our conversation, he had to pause several times to wait until a debilitating wave of pain passed. Emilio informed me that, about a week ago, he had been driving through a green light at an intersection when another car ran a red light and slammed into the passenger side of his car. Emilio explained that the other driver got the ticket, and had liability insurance. I took a look at the other driver’s insurance policy, and sure enough, everything was in order - the other driver did in fact have enough coverage to pay Emilio’s medical expenses and then some. I was optimistic that our firm would be able to help this prospective client receive the highest quality of medical care, and see that he was fairly and adequately compensated for his out-of-pocket expenses and for his pain and suffering.
But then he showed me one other piece of paper.
It was only a single page and was entitled “Injury Release” and said something to the effect of: For One-Thousand Dollars consideration I forever discharge for all actions, causes of action, demands,… Keep reading
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January 25, 2012
After a car accident, or sustaining any other injury, hiring a reputable personal-injury attorney is one of the most important decisions you will make. I recognize that hiring an attorney can be an anxiety-producing process – you have to ask yourself: does this law firm have the experience to best represent me?; do I trust the lawyer that will be assigned to my file?; will he/she adequately protect and defend my interests?, etc. Consequently, some will delay making the decision to hire a personal injury law firm.
This is a potentially very expensive mistake. First of all, shortly after an accident, most insurance policies require you to inform your carrier (the other party involved in the accident will probably have to do the same). So now you have up to TWO insurance companies, with virtually unlimited resources at their disposal, that will immediately spring into action and launch their own investigation - all in an effort to justify paying you as little money as possible.
Insurance companies know that certain injuries will not become symptomatic for several days, and will try to take your recorded statement as soon as possible. You may feel little or no pain at the time of you recorded statement… Keep reading
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January 22, 2012
“BI,” “PD,” “PIP,” “UM” — OMG!! A primer to understanding your Car Insurance Coverage
No doubt about it – automobile insurance policies are confusing. Many a time has a recently-injured potential client of the firm entered the office to boast confidently: “I am fully covered!” or “Don’t worry, I have enough coverage”…believing that their insurance policy will pay for all of their injuries. It is then made all the more distressing when I have to be the one to inform them that they are mistaken.
The purpose of this series of articles is to explain some of the basic terms and several pitfalls that you should understand when purchasing car insurance.
Your insurance policy is comprised of several different types of coverage. These types of coverage fall into two basic categories:
(I) coverages that protect 3rd parties that you harm (Bodily Injury Liability | Property Damage Liability); and
(II) coverages that protect you (Personal Injury Protection | Uninsured Motorist)
If you would like to speak to an attorney, please call 1-800-379-TEAM (8326) and ask for Jason Neufeld, or email him directly at jneufeld@nkplaw.com.
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December 11, 2011
By Justin Sievert
On May 26, 2011, the NCAA Division I Infractions Appeals Committee issued its decision in the University of Southern California (USC) enforcement case. Perhaps the most important aspect of the decision is the impact it may have on current NCAA enforcement cases (e.g., the Ohio State University, University of Miami, University of North Carolina, etc.). Specifically, the appeals committee’s addressed whether the Committee on Infractions was bound to case-precedent when implementing penalties for current cases. The appeals committee noted, “the principle of guidance from prior decisions is not an unyielding directive. It is instead a matter of considered judgment to be applied along with all other factors which this committee has recognized should guide the Committee on Infractions and this committee.”
In essence, the appeals committee has provided the Committee on Infractions a great deal of latitude in finding a violation and issuing a penalty. This subjectivity could lead to inconsistent results, which would adversely impact the due and fair process rights of parties in the enforcement process. While the NCAA, as a voluntary association, has largely been left alone by courts, when a voluntary association violates a member’s property or civil… Keep reading
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November 23, 2011
By Michael D. Steger
A trademark is used to identify the source of goods or services. Some of the most recognizable consumer or business brands in the world are also the world’s most valuable trademarks. According to a recent survey, the world’s most valuable brands are, in order, Google, Microsoft, Wal-Mart, IBM and Vodafone. All of these brand names, and their accompanying logos, resonate with the public and create a clear image in the consumer’s mind of what goods and services those companies offer.
A registered trademark can increase the value of a brand, especially for companies providing consumer goods and services, those that are in knowledge-based industries and businesses that may be looking to franchise. Trademarks can also be vital to businesses that are providing services and goods over the internet or in more than one state. In contrast, there is usually little value in trademarking the name of a local business that serves a very localized clientele. As knowledge-based businesses become more important to the economy, a valuable brand name and accompanying trademark can help you stand out from the crowd when much of the business’s value is in your head.
Most importantly, obtaining a… Keep reading
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October 31, 2011
TMZ is reporting today that socialite and reality start Kim Kardashian has filed for divorce after just 72 days of marriage from her husband and NBA basketball player, Kris Humphries. Citing irreconcilable differences, the divorce documents submitted by Kardashian and her attorney Laura Wasser, were filed on October 31, 2011.
Humphries proposed to Kim Kardashian in the summer of 2011 with a diamond ring estimated to be worth $2 million.
Criticize the decision to wed though we may, the couple pocketed nearly $20 million from E! and People Magazine.
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October 12, 2011
TheSmokingGun.com–A 60-year-old Pennsylvania man yesterday was charged with injecting his semen into “multiple food containers” during a 10-month period ending earlier this year, according to court records.
Joseph Bartorillo, who has agreed to cop to a federal charge of tampering with consumer products, struck a plea agreement that calls for him to be sentenced to two years in prison.
Bartorillo has admitted that he injected his semen into the yogurt of two female coworkers at a Procter & Gamble plant in Wyoming County. He did this, one investigator told TSG, on 13 occasions.
And what exactly is the charge against Mr. Bartorillo for “adulterating yogurt”? According to the felony criminal information filed in US District Court, Bartorillo is charged with 18 U.S.C. § 1365 (a) Tampering With Consumer Products. The Law Insider wonders if there might also be a cause of action relating to sexual harassment or reckless endangerment. What do our legally minded readers think? Or are we all a little too grossed out to be thinking about cause of action?
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October 10, 2011
NY Daily News – A movie titled “Drive” should be about, well, driving.
But the Ryan Gosling thriller was not what one Michigan woman expected when she bought a ticket to see it — so she’s suing.
Sarah Deming is going after the distributor of “Drive,” FilmDistrict, as well as the theater where she saw it, because she had been under the impression the film would be a “Fast and Furious”-style action flick.
In Deming’s suit, which she filed in the sixth judicial circuit court in Oakland, she claims the Nicolas Winding Refn thriller about a Hollywood stuntman-turned getaway driver “bore very little similarity to a chase, or race action film … having very little driving in the motion picture.”
But what “Drive” did have lots of, according to Deming, is anti-semitism.
The Law Insider would like to take this opportunity to remind everyone that just because you can sue for something, doesn’t mean it’s necessarily worth your time or money to do so. Demin will need to prove, among other things, that the distributors of Drive were intentionally misleading in not only how they titled the movie, but how they portrayed the movie during its promotion.… Keep reading
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October 3, 2011
CNN.com is reporting that an Italian jury has reached a verdict in the Amanda Knox murder trial.
The American college student, Amanda Knox, was convicted of sexual assault and murder of Meredith Kercher in December of 2009 in Perugia, Italy. She was given a 26 year sentence. Knox appealed and today the jury overturned the the murder conviction.
Knox will be released today.
Follow @mchancecnn for more breaking news on this story.
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