Law Firm News

Dallas Lawsuits Question Labor Demands of Email and Cellphones

2009-08-10T15:15:00.000-07:00

Last month, three current and former employees sued T-Mobile USA Inc., claiming they were required to use company-issued smart phones to respond to work messages after hours without pay, said Weinberg Law Firm, Labor Lawyer Dallas.

In a March suit, a former CB Richard Ellis Group Inc. maintenance worker seeks pay for time spent after hours receiving and responding to messages on a work-issued cellphone.

Lohan Gets 1 Day in Jail on Los Angeles DUI Plea

2009-08-10T14:55:00.000-07:00

"No matter what I said when I was under the influence on the day I was arrested, I am not blaming anyone else for my conduct other than myself. I thank God I did not injure others. I easily could have," Lohan's statement went on, said Michael Bialys, Los Angeles DUI lawyer.

Lohan was charged earlier in the day with seven misdemeanors stemming from two drunken-driving arrests in the last four months. More serious felony drug charges were not filed, prosecutors said, because tests showed there wasn't enough cocaine on her to warrant them.

Family of New York Woman Killed in Truck Crash Settles Lawsuit for $16 Million

2009-08-05T10:53:00.000-07:00

The lawsuit was brought on behalf of the husband, children and parents of Rhonda Henson. On September 11, 2008, oil field equipment fell off a tractor-trailer owned and operated by Pioneer Drilling Services, Ltd., a division of Pioneer Drilling Co., on FM 157 in North Texas, crushing Mrs. Henson's vehicle and causing her death.

According to the Venus Police Department's report, the driver of the semi-truck, 21-year old Daniel Armstrong, failed to control his speed and the truck's load was not properly secured. Plaintiffs' investigation and sworn testimony revealed that Armstrong was not legally qualified to drive the Pioneer Drilling Co. truck on the day of the accident and that documents in his driver qualification files were fabricated, falsified and backdated by Pioneer employees after the accident, said John Q. Kelly, a New York catastrophic injury lawyer.

Planned Parenthood fraud case appealed

2009-08-05T09:11:00.000-07:00

The qui tam lawyer Los Angeles dismissed the case, agreeing with technical arguments brought forward by the abortion business regarding the disclosure of the allegations, among other issues.
The ACLJ is representing the former worker who alleged under the federal False Claims Act that the business illegally marked up the alleged cost of various birth control drugs when seeking taxpayer reimbursement. The whistleblower alleged the result was tens of millions of dollars in overbilling – for the benefit of the abortion business and at the cost to taxpayers.

Chicago Business Corus Bankshares Inc. on cusp of crisis

2009-08-04T14:59:00.000-07:00

FDIC may seize 'critically undercapitalized' Chicago-based lender
By Becky Yerak | Tribune reporter
August 2, 2009

Wilbur Ross of WL Ross & Co., one of the BankUnited investors, said in a letter to the FDIC: "The substance of the financial proposals is to impose such discriminatory burdens that private capital will no longer bid in the FDIC auctions of failed banks."

Chicago business attorney believes that the FDIC eventually will create a structure welcoming to private capital in the bidding for failed banks, and that's a good thing. He doesn't want "a bunch of cowboy private-equity firms to pull off a bad deal and get into trouble." If that happens, he said it would close off bank deals for "good private-equity investors and managers in the future."

Kanas in 2006 sold his North Fork Bancorporation and then re-emerged in May to lead a private-equity consortium that invested $900 million into the collapsed $12.8 billion-asset BankUnited in Coral Gables, Fla., in an FDIC-assisted deal.

Police planning major DUI crackdown

2009-08-03T16:12:00.000-07:00

It will be set up on just one night at a single, undisclosed location, and will be dedicated to the memory of state police Cpl. Joseph R. Pokorny, who was shot and killed Dec. 12, 2005, while on duty on the Parkway West.

During the same period, as part of national Impairment Awareness Week, several local DUI task forces are planning smaller checkpoints in the region.

"We realize it's Halloween, but with the year-end holidays coming up, police want to send a message to the public that they'll be out there watching for impaired drivers," said Cathy Tress of the Pennsylvania Driving Under the Influence Association.

"Driving in Pennsylvania is a privilege, not a right. Consequently, drivers have a responsibility to themselves, their passengers and other people who are sharing the road."

Hire a Pittsburgh DUI Defense Lawyer

Los Angeles Personal Injury Attorneys Ringler Kearney Alvarez LLP

2009-07-31T13:26:00.000-07:00

LA injury 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 train injury 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 California personal injury specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

NY Wrongful Death Attorney

2009-01-08T12:15:00.000-08:00

New York Wrongful Death Attorney John Q. Kelly is pleased to announce the launch of his new website for The Kelly Group P.C.

The website can be viewed at http://www.kellygrouppc.com and features notable cases and clients of Mr. Kelly.

About John Q. Kelly
One of the most renowned litigators in the country, Mr. Kelly has a proven track record in complex civil and corporate litigation nationwide.

His clients include some of the most widely publicized victims in recent times, including:

- Estate of Nicole Brown Simpson
- Parents of Natalee Holloway
- Estate of Kathleen Savio, ex-wife of Drew Peterson
- Estate of Heiress Anne Scripps Douglas
- Former Yankee great Joe Pepitone

Train Accident Law Firm - Chatsworth Metrolink Disaster

2008-09-22T13:36:00.000-07:00

www.rkallp.com

Train Wreck In So Cal

2008-09-19T15:44:00.000-07:00

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.

Roth Law Group Named Featured Law Firm

2008-06-13T14:03:00.000-07:00

The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.

About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive 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 experience 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 settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.

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

-Negotiated 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.

www.rothlawgroup.com

McDonald Hopkins Hires Rachel Mathoslah

2008-04-16T14:42:00.000-07:00

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CLEVELAND, April 11, 2008 /PRNewswire via COMTEX/ -- Rachel K. Mathoslah has joined the Cleveland, Ohio office of McDonald Hopkins LLC as an Associate in the firm's Business Department.

Mathoslah specializes in real estate law. She has represented commercial real estate developers and tenants on a national level in negotiating and drafting development agreements and commercial leases. In the area of commercial lending, Mathoslah has represented both lenders and borrowers in a variety of transactions. Her experience also includes drafting and negotiating documents related to the acquisition and disposition of industrial, commercial and office properties. Mathoslah graduated from Boston University in 1999 with a Bachelor of Arts degree and received her J.D. in 2004 from the Case Western Reserve University School of Law.

Rachel Mathoslah can be reached at 216-348-5442 or rmathoslah@mcdonaldhopkins.com.

About McDonald Hopkins

With more than 130 attorneys in Cleveland, Chicago, Columbus, Detroit, and West Palm Beach, McDonald Hopkins is a full-service firm focused on business law, litigation, restructuring, and estate planning. More information about McDonald Hopkins can be found at www.mcdonaldhopkins.com.

Judge Sides with Law Firm

2008-04-16T14:37:00.000-07:00

Jackson law firm is entitled to fees and perhaps punitive damages because opposing attorneys in a lawsuit conspired to bribe the judge in the case, a judge ruled Wednesday.

How much the Scruggs Katrina Group will have to pay the Jackson law firm of Jones, Funderburg, Sessums, Peterson and Lee has not been determined. Attorneys will return to court Nov. 12 in Oxford to begin process.

The judge, Henry Lackey, cooperated with federal authorities and received $40,000 to rule favorably for Richard "Dickie" Scruggs and his law firm in a lawsuit about the division of $26.5 million in legal fees from Hurricane Katrina insurance case settlements.

The Jones firm claimed it was owed a larger share of the fees. This also was the lawsuit on which Lackey was presiding in Lafayette County when he was approached by then-New Albany attorney Timothy Balducci for the favor.

On Wednesday, Special Circuit Judge William Coleman, who took over in the case after Lackey stepped aside, agreed the Jones firm had been harmed by the bribery scandal and were owed reasonable attorneys fees and expenses they incurred in the lawsuit.

"This is exactly what we wanted," said Jones attorney Roy Percy after the hearing.

The conspirators' action "strikes at the heart of the judicial system," Coleman said.

Scruggs attorney Cal Mayo of Oxford, who said he had not yet talked with his client about Coleman's order, said an appeal is possible.

"Any attorney for any client should be concerned about punitive damages," Mayo said.

Richard Scruggs, his lawyer son Zach, their legal associate Sidney Backstrom, Balducci and his associate, former state Auditor Steven Patterson has each has pleaded guilty to one count of conspiring to bribe Lackey. They await sentencing.

Blackstone Sued in Investor law suit

2008-04-16T14:34:00.000-07:00

An investor in Blackstone Group (BX.N: Quote, Profile, Research) sued the private equity and real estate firm on Tuesday, contending it violated federal securities laws through statements made in its initial public offering documents, according to the law firm that brought the case.

Law firm Coughlin Stoia Geller Rudman & Robbins said the lawsuit, which seeks class-action status, was filed in U.S. District Court for the Southern District of New York on behalf of plaintiff Landmen Partners Inc.

The lawsuit accuses Blackstone of failing to disclose in an IPO document that certain of its portfolio companies were not performing well and that as a result, the company would not generate anticipated performance fees on those investments, according to a copy of the complaint provided to Reuters by the law firm.

Blackstone is subject to a "claw back" provision that requires it to return performance fees that have already been paid if the investments it makes for its limited partners perform poorly, the lawsuit said.

The suit contends that at its IPO, Blackstone knew that its large investment in Financial Guaranty Insurance Co (FGIC), a bond insurer, was "materially impaired" after FGIC switched its focus from conservative municipal bonds to collateralized debt obligations backed by subprime mortgages.

The company's investment in Freescale Semiconductor was also in trouble but its registration statement contained no disclosure about this or the FGIC problems, the lawsuit said.

Named as defendants are Blackstone's co-founder and chief executive, Stephen Schwarzman, and Chief Financial Officer Michael Puglisi.

A Blackstone representative had no comment on the lawsuit.

Blackstone went public in June 2007 at a price of $31 a share, coming on the back of a boom for private equity that has now been stalled by the persisting credit crunch.

In the buyout boom that peaked in 2007, private equity firms broke records for the size of leveraged buyouts inked.

But as the credit markets contracted and the economy hit a downturn, some of the portfolio companies that buyout firms loaded with debt to take private have been having problems.

Home goods retailer Linens 'n Things said on Tuesday it is in talks with creditors on a capital restructuring, after a source had told Reuters on Friday that bankruptcy was among options being considered. Apollo Global Management led a $1.3 billion of the chain in 2006.

In March, Blackstone posted a worse-than-expected 86 percent decline in earnings, partly citing a write-down of its investment in bond insurer FGIC.

The company's shares closed at $17.33 on the New York Stock Exchange on Tuesday, up 14 cents on the day.

Great Tax Law Firm that will help with your tax problems

2006-12-29T08:47:00.000-08:00

This is copied from the homepage of Progressive Tax's website, they are very good, and come highly recommended by many people that I know.

www.progressivetaxgroup.com

Progressive Tax is dedicated to helping Taxpayers in their time of crisis. We are here to help you find the best solution available in order to help you resolve your tax problems quickly. We recognize this is a difficult time for you and you are looking for help.

Our experienced tax attorneys and associates will treat you with care in this stressful time of your life.

We recognize this is often a confusing, frightening and sometimes embarrassing time for clients and we resolve to help you through your tax problem with compassion and understanding. With Progressive, you get straight answers to your questions and our forward thinking positive attitude about how we can help you eliminate your debt now and plan for your future.

We will quickly evaluate your case with a review of the facts, which will allow us to provide you with the options and solutions available for you. We will give you a proven strategy for solving your tax problem in a timely and professional manner. We are proud of the help we have provided to our clients and look forward to helping you get the best possible solution for your problems.

We will work with the IRS or state tax authority on your behalf, so you don't have to. We have the experience and knowledge to help you avoid their "collection techniques" and find the best path through their confusing processes to gain the best outcome available. The tax collection experts at the IRS have one job and that is to collect information from you in order to collect the maximum amount of money from you as quickly as possible. They are not required to help you or advise you, but work for the IRS to collect money from YOU.

With Progressive, you will get communication access to the people working on your case. You will be encouraged to speak to us regarding your case, ask questions, and be comforted by the knowledge that the people working your case care about you. If at any time you have any questions, please do not hesitate to ask, we are here to make this process as easy as possible for you.

At Progressive Tax, we encourage our clients to do themselves and their loved ones a favor by exercising their right to have our expert representation represent them before the IRS. From our years of experience, we know that waiting only makes matters worse. Once a client retains us, we take over all communication with the IRS. In taking this first step, our clients no longer have to worry about getting that dreaded knock on the door, and can begin sleeping at night.

Of course more tax information

2006-12-28T15:58:00.000-08:00

Many taxpayers just want to know what type of information is in their IRS file without fear of drawing attention to themselves. Congress passed legislation (FREEDOM OF INFORMATION ACT) that requires government agencies, including the IRS, to disclose such information when requested.
Freedom of Information documents can also be used to explain why, how, when and where a taxpayer's IRS problems started.
Having this information is helpful as it discloses the IRS information used to assess taxes, penalties and interest against the taxpayer.
Any taxpayer having difficulty in sorting out what the IRS is doing to them should consider using the FREEDOM OF INFORMATION ACT to obtain their IRS files.
Often the information you receive can help the taxpayer better understand their IRS problems.

Irs payment plans...

2006-12-28T15:25:00.000-08:00

If you are unable to pay your entire tax bill when it is due, IRS Installment Agreements can help you pay off your tax debt over a period of time in the form of an installment loan agreement. Typically, IRS Installment Agreements takes five years or less to complete. The monthly payments are based on how much you owe and how much you can afford to pay each month. The IRS may grant extensions to your installment loan agreement under certain conditions.An Installment Loan Agreement with the IRS is a great solution for taxpayers who can afford to fully pay their tax debts if allowed to spread out the payments over several years. It is an alternative if you do not qualify for an Offer in Compromise. The IRS charges interest and an application fee when they accept tax payment by way of IRS installment payment plans, but these IRS installment payment plans can help you resolve your inability to fully pay your taxes in one payment.In order to qualify for a payment plan with the IRS you must meet the following rules and provide the IRS with this information:
You must have filed all tax returns (It's OK to owe money but you must file).
You will need to disclose all assets owned including all cash and bank accounts.
You must not have adequate cash available in a checking, savings, money market, or brokerage account to pay the IRS.
You must not have the capacity to borrow the amount owed to the IRS from other sources (i.e., a second mortgage on your home).
You must not have adequate equity in a retirement account from which you can borrow or liquidate; for example, IRA's or 401K's.The total dollar amount you owe usually dictates with whom the negotiations will be handled.
Typically, IRS Revenue Officers are not involved in cases where the amounts owed are less than $25,000.
The IRS will ask you to complete a personal financial statement and if a business is involved, you will also need a business financial statement.
The IRS has determined allowable monthly expenses for individuals, which will be matched against your actual monthly expenses.
The difference between your monthly income and your allowable monthly expenses will be the amount that the IRS will require you to pay on a monthly basis.

information provided by Progressive Tax Group