Dallas Lawsuits Question Labor Demands of Email and Cellphones

In the suit, Mr. Rulli said he was handcuffed to his phone because the company required him to quickly respond to messages at any hour, said Weinberg Law Firm, Labor Lawyer Dallas.

CB Richard Ellis declined to address the specifics but said in a statement, "We believe this complaint is without merit and are contesting it vigorously." The company said it complies with employment laws.

Lohan Gets 1 Day in Jail on Los Angeles DUI Plea

Each of Lohan's arrests were followed by trips to rehab, but Meyers noted that "did not play a part in our agreement."

Lohan's legal problems come on the heels of two other high-profile celebrity DUI cases that resulted in jail time. Paris Hilton served 23 days behind bars after she was found guilty of driving on a suspended license while on probation for an alcohol-related reckless-driving case. Nicole Richie was ordered to serve four days in jail stemming from a December DUI arrest. She checked in and out of the women's jail in Lynwood on Thursday after serving less than two hours, said Michael Bialys, Los Angeles DUI lawyer.

Porch catastrophic injury: New York says it's up to you

Like thousands of porches in Chicago, the rickety landing where Atit Mansuria and Carolina Landeros were chatting hadn't been inspected for years -- in this case, since it was built in the mid-1980s, said John Q. Kelly, a New York catastrophic injury lawyer.

Its railing suddenly broke open like a gate, sending them tumbling 20 feet to the concrete alley below. Landeros, 20, fractured her neck, but is now recovering. Mansuria, 27, suffered severe head injuries and remains hospitalized.

Will Obama Keep His Promise to Federal Whistleblowers?

"Unlike Bush administration appointees who compiled a 1-44 track record against whistleblowers, these whistleblower lawyer Los Angeles are seasoned veterans with a proven track record of commitment to the merit system throughout their careers," said Tom Devine, legal director of the nonprofit public interest group Government Accountability Project.

Devine called the appointments "a weathervane that the Obama Administration is serious about its good government rhetoric."

Insurance plans, other third-party payers settle Vioxx claims with drugmaker Merck for $80M

LINDA A. JOHNSON | AP Business Writer
3:17 PM CDT, August 3, 2009

Merck said in a regulatory filing Monday that the company and the plaintiffs agreed in principle to settle all outstanding claims, and it took an $80 million charge for the settlement in the second quarter.

Those lawsuits had been moving through the courts for more than four years, with
Chicago business attorney approving a class-action lawsuit and the New Jersey Supreme Court later overturning that ruling. Seeger estimated third-party payers covered about 80 percent of the cost of prescriptions for Vioxx, which generated billions of dollars in annual sales while on the market from 1999 through 2004.

DUI-News.info - Pittsburgh DUI Lawyer George Heym starts nationwide DUI help and information site

Pittsburgh DUI Lawyer George Heym is a Former DUI Prosecutor who now defends those charged with DUI in Western Pennsylvania. He spent approximately eight years as an Assistant District Attorney in Allegheny County, PA. During that time he recieved extensive training in, and much courtroom experience with, Driving Under The Influence cases. He personally prosecuted over a thousand DUI cases during the time he was an ADA. Since opening The Law Offices of George Heym he has aggressively defended hundreds more. Attorney Heym has been quoted by Pennsylvania newspapers on several occasions regarding Driving Under The Influence Related Homicide by Vehicle Law in Pennsylvania.

Hire a Pittsburgh DUI Defense Lawyer

Los Angeles Personal Injury Attorneys Ringler Kearney Alvarez LLP

California injury law firm Ringler Kearney Alavarez LLP have established themselves as a premier law firm by providing clients with consistently excellent service. They pride themselves on their intellect, creativity and tenacity.

These Los Angeles class action attorneys have achieved victories in over 100 trials with total verdicts in excess of $250 million.

Ringler Kearney Alvarez LLP achieves their verdicts by utilizing their substantial financial resources to obtain the best result possible for each of their clients. This Los Angeles accident specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

Breaking Legal News Picks Roth Law Group

Chicago law firm, The Roth Law Group is please to announce its selection as a Featured corporate law firm by the nationally recognized leader in legal news reportage, Breaking Legal News.

As a business law firm, we pride ourselves on our skill and success in the practice areas of business litigation and contract negotiations.

A Roth Law Group corporate attorney (corporate lawyer) can assist you in keeping your small business in compliance with state and federal law and, as a Chicago attorney, he or she will also be able to help you keep current with any city laws and regulations.

The Roth Law Group can also provide you with an experienced contract attorney (contract lawyer) who can guide you through the complicated and often confusing process of contract negotiations.

The Roth Law Group is pleased to be singled out for notice by one of the Internet’s preeminent sources for legal news; an honor of which any Chicago lawyer would be proud.

Los Angeles Train Crash Lawyer Jerome Ringler

...Metrolink was also sued for its role in the Jan. 6, 2003, crash but entered into
confidential settlements with the victims before the cases went to trial.

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Metrolink Lost to Jerome Ringler After Last Train Crash

...After deliberating two days, a jury voted 9 to 3 to award her $7.5 million for pain and suffering, $900,000 for past and future wage losses, and $500,000 for medical bills.

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Metrolink Train Wreck

Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.

A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.

Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.

Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.

Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.

"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.

"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."

After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.

Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.

Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.

Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.

Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.

The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.

In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.

Breaking Legal News names Roth Law Group “Featured Law Firm”

The Roth Law Group has been designated a Breaking Legal News Featured Law Firm for its exceptional achievement in Business law and contract law in the Chicago area. .

About Roth Law:
Business owners know that it takes solid work and commitment to make it in today's aggressive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.

At the Roth Law Group, we understand the concerns of small business owners like you and we have expertise working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.

If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.

A Few Representative Matters

Obtained six-figure a settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.

Obtained a judgment in favor of a Commercial Landscaping Contractor involving breach of contract.

Negotiated a nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.

Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.

Officers Denied Immunity For Arresting Protester

The 10th Circuit denied immunity to five police officers in Albuquerque, N.M., who allegedly arrested a University of New Mexico faculty member during an antiwar protest, simply because he was part of a "large basket containing a few bad eggs."

The court ruled 2-1 that John Fogarty may proceed with a lawsuit accusing the officers of targeting him without probable cause and using excessive force to arrest him during a March 2003 demonstration against the U.S. war in Iraq.

The protest began on the UNM campus and spread to city sidewalks and streets, with between 500 and 1,000 demonstrators voicing their opposition to the war.

Fogarty and a friend joined a drum circle that was "play(ing) a really nice samba," Fogarty claimed. But police accused the drummers of inciting the crowd and making it more difficult to clear the streets.

Capt. John Gonzales told officers to "remove the drums," a statement some interpreted as a direct order to arrest the drummers, Fogarty included. The plaintiff said he was already off the street when officers pelted him with an unknown projectile and arrested him.

Officers allegedly took the handcuffed Fogarty near an area with lingering tear gas, causing Fogarty to suffer an acute asthma attack. He also claimed to have torn a tendon in his wrist during the ordeal.

The majority refused to dismiss Fogarty's claims, ruling that he had provided enough evidence to survive summary judgment at this stage.

"The Fourth Amendment plainly requires probable cause to arrest Fogarty as an individual, not a member of a large basket containing a few bad eggs," Judge Lucero wrote. "In other words, that Fogarty was a participant in an antiwar protest where some individuals may have broken the law is not enough to justify his arrest."

Makers of Paxil, Zoloft Win

In a significant victory for drug manufacturers, the 3rd U.S. Circuit Court of Appeals has ruled that the makers of Paxil and Zoloft cannot be sued for failing to warn of a risk of suicide because the Food & Drug Administration has explicitly refused to order such warnings.

Voting 2-1 in a pair of cases where the lower courts issued conflicting rulings, the 3rd Circuit found that such lawsuits must be pre-empted because they directly conflict with action already taken by the FDA.

Writing for the majority, 3rd Circuit Judge Dolores K. Sloviter said the FDA has "actively monitored" the possible risk of suicide from taking the class of antidepressant drugs known as selective serotonin re-uptake inhibitors, or SSRIs, for two decades, and concluded that the suicide warnings demanded by plaintiffs "are without scientific basis and would therefore be false and misleading."

But Sloviter, who was joined by visiting Judge Jane A. Restani of the U.S. Court of International Trade, emphasized that the ruling was a narrow one.

"Our holding is limited to circumstances in which the FDA has publicly rejected the need for a warning that plaintiffs argue state law requires," Sloviter wrote in Colacicco v. Apotex Inc.

In dissent, 3rd Circuit Judge Thomas L. Ambro said he would have allowed both cases to go forward.

Film Editor Says He Was Cheated

Damien Leveck, a film editor, claims Paulist Productions and Forgiveness LLC defrauded him of wages and wrongfully fired him while he worked on a film called "Forgiveness."

In his Superior Court claim, Leveck says he worked as a creative adviser for Apple until he "was courted by Frank Desiderio of Paulist and Forgiveness to be an in-house editor for film projects."

He claims Desiderio offered him $60 an hour, but the paychecks were hinky from day one - first, without deductions and without overtime; then his pay rate was cut to $50 an hour - then to $30 an hour. Then, he says, the defendants denied him two months wages completely, "claiming Plaintiff was working on a pro-bono basis."

Leveck claims Desiderio told him the pay cuts were necessary because Desiderio had lost $2 million on a previous film, called "The Jesus Experience."
Leveck claims that while all this was happening, he was working 12 to 20 hours a day on the film, "Forgiveness."

During this time, Leveck says, Desiderio was soliciting members of his church to invest in the film project on which Leveck was being cheated.

"Mr. Desiderio was selling stock in the film at a minimum investment of $30,000," the complaint states. "Mr. Desiderio was fraudulently inducing members of the church to invest in the project by claiming that the church would benefit from the donations. Mr. Desiderio received investments from the parishioners ranging from $30,000 to $60,000. Mr. Desiderio made it clear that Father Liam Kidney was in no way to know about the investments."

Represented by Todd Harrison, Leveck demands punitive damages for wrongful termination, fraud, conversion, breach of contract, interference, and Labor Code violations.

Spanking Attorney Sues 'Washingtonienne' Author.

Former Senate Judiciary Committee counsel Robert Steinbuch sued Jessica Cutler, author of the "Washingtonienne" blog and subsequent book, claiming she invaded his privacy by publishing "in graphic detail the intimate amorous and sexual relationship between Cutler and the Plaintiff," including his alleged predilection for spanking.

Steinbuch also sued Hyperion Books, a division of Disney Publishing Worldwide, which allegedly paid Cutler a $300,000 advance for her book, after her blog became a sensation.

n his federal complaint, Steinbuch says, "At the time of his relationship with Cutler, Plaintiff did not know that Cutler was simultaneously engaged in sexual relationships with another man, let alone with five other men, and let alone that she was prostituting herself to some of them; and Plaintiff did not know that Cutler was recording the details of her relationship with Plaintiff in her blog, and Defendant Cutler described Plaintiff as, among other things, a committee counsel who likes spanking. That blog is the subject of a separate and distinct litigaion.

Steinbuch also claims Cutler profited by "capitalizing on the publicity generated by her blog and her relationship with Plaintiff" by signing a deal with Playboy that included a nude photo spread of her, and the "thinly disguised novel, of the roman a clef genre," in which her relationship with him is "described in graphic detail."

His complaint adds: "Hyperion specifically advertised the book as being in 'a witty, unapologetic voice, the novel's narrator Jackie tells the story of ... the staff counsel whose taste for spanking she "accidentally" leaks to the office.'"

Steinbuch demands $10 million damages for invasion of privacy, false light, and intentional infliction of emotional distress. He is represented by Jonathan Rosen of Clearwater, Fla.

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Surgeon Could Lose License Over Sex With Patient

A prominent North County surgeon could be in trouble with the state medical board and learned he could lose his license.

Dr. Dennis Nigro is the subject of a hearing at the state building in which he is accused of having sex with a patient.

Nigro admitted to having a brief affair with a woman in 2003, but said she was no longer in his care during their relationship.

Nigro’s lawyer, medicare defense attorney, Michael Khouri, said, “The woman does not believe Dr. Nigro was her doctor when the sex occurred.”

“There is documentation required to terminate relationship. It was not done in this case,” said Deputy Attorney General Mary Agnes Matyszewski.

An administrative law judge will issue a proposed decision that will be sent to the state medical board for final disposition.

Nigro’s license could be suspended if discipline is deemed necessary.

Improper Handling of Client Trust Accounts

Managing money is always tricky, especially when it belongs to someone elseThat's why, in 2006 alone, more than 20 lawyers found themselves before the State of Michigan Attorney Discipline Board after having grievances filed against them for mismanagement of their clients' funds.

However, in Michigan, there is an infrastructure in place that allows attorneys to insulate themselves from the consequences of accounting errors - both accidental and otherwise.

Specifically, Michigan Rule of Professional Conduct (MRPC) 1.15 provides guidelines for the two types of client accounts: Interest on Lawyers Trust Accounts (IOLTAs) and non-IOLTAs.

The rule defines an IOLTA as "an interest or dividend bearing account" that "shall include only client or third person funds that cannot earn income for the client or third person in excess of the costs incurred to secure such income while the funds are held."

Though interest is earned on this type of account, the client does not receive those proceeds. Instead, the interest is paid to the Michigan Bar Foundation.

Conversely, a non-IOLTA under MRPC 1.15 also earns interests or dividends, however, that "net interest or dividend will be paid to the client."

MRPC 1.15 applies to both pooled and individual client trust accounts. But, because "it is common for a lawyer only to maintain one pooled client trust account," said Professor Lawrence A. Dubin - who teaches Professional Responsibility at the University of Detroit School of Law - IOLTAs, rather than non-IOLTAs, may be easier for attorneys to work with.

However, that doesn't mean that IOLTA administration is without its own pitfalls.

In fact, with penalties ranging from a slap on the wrist to a permanent loss of license, learning the ins and outs of proper client trust management is fast becoming an integral part of effective practice management.

Court Won't Hear Young Killer's Appeal

The Supreme Court refused Monday to review a 30-year prison sentence for a teen who was 12 when he killed his grandparents in South Carolina.

Lawyers for Christopher Pittman wanted the justices to examine whether the long prison term for a child violates the Constitution's ban on cruel and unusual punishment. With no possibility of parole, he will be 42 before he is released, they said.

Pittman is the only inmate serving such a lengthy sentence for a crime committed at such a young age, his lawyers said. The judge who sentenced him was prohibited by law from taking his age into account.

South Carolina contended the punishment is proportionate to the crime and said there is a national trend of increased punishment for young violent criminals.

Pittman used a shotgun to shoot Joe and Joy Pittman in their bed and then set fire to their home in 2001. During his trial four years later, Pittman's attorneys unsuccessfully argued the slayings were influenced by the antidepressant Zoloft — a charge the maker of the drug vigorously denied.