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JMF Law > Uncategorized (Page 4)

Concealing evidence: prosecutors gone wild

“Given the Supreme Court’s repeated endorsement of professional discipline as the appropriate vehicle for addressing allegations of prosecutorial misconduct, one might suppose that state bar agencies frequently sanction prosecutors. In fact, prosecutors are rarely held accountable for violating ethics rules. A Chicago Tribune study identified 381 homicide cases nationally in which Brady Violations (withholding evidence) produced conviction reversals. Yet prosecutors faced disciplinary action in only forty-four of those cases, and seven of these actions were eventually dismissed.“ The journal went on to conclude: “As these studies indicate, infrequent punishment of prosecutors cannot be blamed on a paucity of discoverable violations. Even...

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Jackson’s Dad Says ‘There’s More’ as Conrad Murray Civil Case Looms

By LUCHINA FISHER and SHEILA MARIKARNow that a criminal jury has found Dr. Conrad Murray's guilty of involuntary manslaughter, his case will head for civil court where Murray could be found liable for medical malpractice.The Jackson family is ready for the next chapter. On his way out of Monday's court hearing when Murray receive his guilty verdict, family patriarch Joe Jackson told the crowd of media and fans, "There's more."Civil suits against Murray and AEG Live LLC, the firm behind Jackon's "This Is It" tour, have already been filed. Joe Jackson, Michael Jackson's father, filed a wrongful death lawsuit against...

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Fallout From Listeria Outbreak Hits Wal-Mart: Retail

In late August, Charles Palmer ate cantaloupe bought at a Wal-Mart Stores Inc. (WMT) store in Colorado. Two weeks later, he began feeling sick, then became unresponsive and was rushed to a hospital where doctors diagnosed a listeria infection. Now the 71-year-old retired Marine isn’t just suing Granada, Colorado-based Jensen Farms, which grew the tainted cantaloupe that he claims sickened him. He’s also suing Wal-Mart for selling the fruit. Fallout from the outbreak that’s killed 29 Americans is broadening to other major retailers that sold the tainted produce and is spurring a national debate on the role groceries and stores should play...

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Alcoholic energy drink maker Four Loko sued by family of dead student

By Heather Somerville / McClatchy Newspapers FRESNO, Calif. – The family of Rod Fiorini, a Fresno Pacific University student killed in a police shooting last year, is suing the makers of the alcoholic energy drink Four Loko. Brett and Pam Fiorini, who live in Bakersfield, Calif., are seeking damages for the wrongful death of their son. The lawsuit was filed this week in Fresno County Superior Court by Fresno, Calif., attorney Bill Schmidt. link...

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Indiana State Fair Stage Collapse: 48 Victims Sue Sugarland (DISTURBING VIDEO)

INDIANAPOLIS — Country duo Sugarland was named in a lawsuit filed Tuesday by 44 survivors of the Indiana State Fair stage collapse and family members of four people who died, by far the largest claim yet stemming from the tragedy. Attorneys representing at least 20 law firms across Indiana, Ohio and Kentucky filed the complaint alleging breach of reasonable care to the victims in Marion Superior Court in Indianapolis. The lawsuit seeks unspecified damages from Sugarland, producers, stage riggers and others associated with the Dec. 13 show. Stage rigging collapsed into spectators following a wind gust of at least 60 mph, killing...

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State Farm v. Chiropractors

Posted On: November 30, 2011 by Ronald V. Miller, Jr. In State Farm v. Cavoto, a Pennsylvania appellate court decided a battle between two parties that are always at odds, State Farm and chiropractors. Usually, the skirmishes between these parties are fought by proxy but, in this case they faced off directly. Essentially, State Farm got fed up with paying chiropractors who were billing for adjunctive procedures performed by support staff who were not licensed. Particularly, and arguably understandably, annoying to State Farm was unlicensed people applying hot and cold packs, turning on and off mechanical devices, using a traction machine and...

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Anne Murphy to succeed Max Brown as Rush University Medical Center general counsel

Veteran attorney with grounding in health care will take the reins in January resolving tax-exempt status of nonprofit hospital likely to top agenda October 28, 2011|Ameet Sachdev's Chicago Law When Max Brown became a lawyer for a Chicago hospital 32 years ago, the biggest issue he had to deal with was the rising cost of medical malpractice. Now, as Brown, 64, prepares to retire from Rush University Medical Center, medical malpractice remains a significant issue for the hospital. But in the new world of health care, the complexity of running an academic medical facility has increased exponentially. Link...

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Boat captain alleges actor Robert Wagner responsible for Natalie Wood’s death

'We didn't take any steps to see if we could locate her,' captain tells TODAY Scott Stump, TODAY.com contributor The former captain of the boat from which actress Natalie Wood drowned in 1981 alleged on TODAY Friday that her husband, actor Robert Wagner, was responsible for her death. The former captain of the boat from which actress Natalie Wood drowned in 1981 Dennis Davern said he is now urging homicide investigators to look into Wood's death. She had been boating with Wagner and his "Brainstorm" co-star Christopher Walken near Santa Catalina Island off the coast of California when she drowned. "I made some terrible decisions...

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Peoria long-term care hospital singled out in complaints

Four complaints of poor care were lodged against facility now called Kindred, Chicago Tribune report found By PAM ADAMS (padams@pjstar.com) of the Journal Star Posted Nov 07, 2011 @ 11:40 PM PEORIA — Greater Peoria Specialty Hospital, now Kindred Hospital, was among several hospitals statewide singled out for scrutiny by the Chicago Tribune in a report on the state's failure to investigate consumer complaints about hospital safety. The Illinois Department of Public Health did not look into 85 percent of the 560 allegations made to the agency in 2010, according to the Tribune investigation. IDPH spokeswoman Melaney Arnold said it's not that the agency...

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Author Allan Fotheringham cheats death

In his new memoir, Boy From Nowhere: A Life in Ninety-One Countries, Allan Fotheringham recounts a shocking tale of alleged medical malpractice. By Charlie Smith, November 16, 2011 When he shuffles into the lobby of the Wedgewood Hotel, Allan Fotheringham looks much smaller than I expected him to be. The famous newspaper columnist and author appears to have lost a lot of weight since he was a panelist on the CBC’s Front Page Challenge show in the 1980s and 1990s. It’s a bit shocking to realize that Fotheringham, once one of the sharpest, wittiest, and most energetic members of the Ottawa press...

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Social Media Discovery

Posted On: November 2, 2011 by Ronald V. Miller, Jr. Defense lawyers are looking for serious personal injury victims to post this picture on Facebook Social media is all the rage for defendants' personal injury lawyers. In the olden days, the only really fun Perry Mason moments from discovery for defense lawyers was surveillance video. Out of the 10,000 times the insurance company would do surveillance, someone would hit a "guy who claims he is in a wheelchair runs a 6 minute mile" jackpot. When I started as an associate, the partner I worked for told over and over again, one "got ya"...

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Judge blasts personal-injury lawyer for running P2P “shake down”

By Nate Anderson Richmond, Virginia lawyer D. Wayne O'Bryan runs, as his website puts it, "a small law firm designed for personalized and professional legal services for dog attack injury and negligence claims." O'Bryan is quite clearly a personal injury lawyer, which is why it made perfect sense for him to file federal copyright lawsuits this summer on behalf of the pornographic film Gangbang Virgins...

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Violent crackdown on Occupy protesters in Oakland, California

By Fred Williams and Joseph Kishore 26 October 2011 Police violently attacked hundreds of demonstrators in Oakland, California Tuesday evening, one day after clearing out the Occupy Oakland encampment, with several injuries reported. Protesters attempted to retake the plaza, which they have dubbed Oscar Grant Park (Ogawa Plaza). Decked in riot gear, hundreds of police fired volleys of tear gas canisters and used bean bag guns and flash grenades against the unarmed protesters, who numbered in the thousands. Children, the elderly and disabled were among those trapped in the teargas clouds. Police helicopters patrolled overhead. (Some videos of the police violence were...

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Detroit lawmakers oppose elimination of no-fault insurance

DETROIT — Republican senators want to eliminate Michigan’s no-fault insurance system while Detroit lawmakers oppose the move. No-fault now provides auto accident victims who have suffered traumatic injuries with unlimited medical coverage. The senate bill, introduced earlier this month, creates six tiers of Personal Injury Protection offering drivers a range of coverage depending on the policy they choose. At the basic level, insurers will provide a minimum payment of $50,000 for injuries sustained in an accident and limit the maximum payout to $500,000. Sen. Morris Hood III, D-Detroit, opposes the bill. link...

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Supermarket store hit with second personal injury bill

Asda has been forced to payout yet more personal injury compensation to a shopper who slipped on discarded fruit and veg in the Rivergate store in Peterbrough. Jonathan West, partner and personal injury specialist at Graysons WE, has now agreed a substantial settlement with the supermarket for 74-year-old Patricia Hill who hurt her knee and ankle after slipping on vegetables in a non-fruit and veg isle while shopping in May 2008 – just 4 months after a similar incident at the same store. Supermarket store hit with second personal injury bill...

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Chicago Mayor Rahm Emanuel making big push for bike paths

Jim Freeman, a bike-riding attorney in Chicago who represents pedestrians and cyclists in personal injury cases, sees enforcement as the biggest factor that will make biking safe, to keep cyclists from ignoring traffic laws while keeping cars out of bike lanes. To alleviate the tension between bicyclists, pedestrians and drivers in Chicago, the Chicago Police Department needs to get aggressive with traffic enforcement, Freeman said. He'd like to see in Chicago what he has seen in Milwaukee -- cyclists getting pulled over for running a red light. Adolfo Hernandez, director of outreach and advocacy for Chicago's Active Transportation Alliance, said he believed...

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SAE International Releases New 3-Volume Book on Biomechanics of Head Injuries

SAE International released the 3-volume set Head Injury Biomechanics, edited by Jeffrey A. Pike, which is designed to aid those studying head injury from a broad range of causes, including transportation, falls, sports, personal violence, and blast-related. Nearly 50,000 Americans die from brain injuries annually, with approximately half of all traumatic brain injuries (TBI) being transportation-related. TBI is a critical and ever-evolving safety topic, with equally important components of injury prevention, consequences, and treatment. This compendium, available as individual volumes or as a set, includes three volumes: Skull Fracture, Brain Injury, and Mitigation. Each volume includes a new chapter that ties together...

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National Personal Injury Attorney Wendy Fleishman Comments On FDA Warning On Safety of Yaz Birth Control

Attorney Represents Women Across America in Yaz Injury Lawsuits Against Bayer NEW YORK, Sep 26, 2011 (BUSINESS WIRE) -- The U.S. Food and Drug Administration issued a statement today that the FDA remains concerned, but has not yet reached a conclusion, about the potential increased risk of blood clots from Drospirenone-containing birth control pills such as YAZ, YASMIN, BEYAZ, and OCELLA, among others. Preliminary results from an FDA-sponsored study of 800,000 women taking birth control pills shows that there is a 1.5 increased risk among Drospirenone-containing pill users. To address these concerns, the FDA has scheduled an important meeting for December 8, 2011....

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Plant Must Disclose Data to Fight Cancer Lawsuit

By JACK BOUBOUSHIAN CHICAGO (CN) - The parents of a girl who developed brain cancer can access over a decade of data on an Exelon power plant they claim discharged harmful radiation, a federal judge ruled, but the energy giant can withhold certain other information. Joseph and Cynthia Sauer say their daughter, Sarah, was diagnosed with a medulloblastoma, a highly malignant brain tumor, roughly three years after the family moved to Grundy County, where Exelon operates the Dresden Generating Station and Unitech Services Group has a nuclear facility. They claim that radioactive discharges from the plants traveled through the groundwater, causing Sarah's cancer. After...

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Personal Injury Lawyers offer expert advice on whiplash claims

It is unfortunate fact of life that due to the increasing numbers of vehicles on the road, there are more and more accidents occurring on a daily basis. With this fact comes the undeniable fact that more and more injuries are sustained. One of the most common and prevalent injuries that occur on a regular basis are whiplash injuries, which involve an injury to the neck, usually caused by any impact from behind. As those who have suffered an injury such as this will testify, it can be painful and debilitating. Although the injury causes pain it also causes loss...

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3 Medical Care Mistakes to Avoid After an Auto Accident

Indianapolis - Car accidents are the most frequent cause of severe injury in the United States, according to a report from the National Highway and Traffic Safety Association. In Indiana, the number of auto accidents rose by 6.6% from 2006 to 2008. It adds insult to injury when these tragic accidents are the result of another’s negligent or reckless behavior. Indianapolis car accident lawyers can help. If you have been injured in one of the thousands Indianapolis accidents that occur each year, you may be entitled to financial compensation for your injuries through the assistance of one of Indianapolis’ car accident...

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Know What to Expect in Your Texas Personal Injury Case

June 12, 2011 Learn more about the steps involved in a Texas personal injury lawsuit. Pre-filing Some important actions must be taken before a case ever reaches a courtroom. Usually, the instigating event behind a personal injury suit is some type of accident. After dealing with immediate medical needs, victims should contact a Texas personal injury attorney. You should carefully consider what kind of attorney you would like to retain, taking into account factors such as experience, location and fee structure. It is important to find your personal injury lawyer as quickly as possible: in Texas, the statute of limitations on personal injury claims...

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Caltagirone calls ‘fair share’ bill unfair to victims

A bill is making its way through the legislature that would significantly erode an injured person's ability to recoup damages awarded in a lawsuit. Today, I opposed legislation approved by the House Judiciary Committee known as the "Fair Share Act" that would repeal the joint and several liability law in Pennsylvania. The joint-and-several-liability law allows claimants to hold multiple parties liable for damages and restitution awarded by the courts, and makes sure injured people are not victimized again by the defendants' reluctance or refusal to pay. Link...

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Slip and Fall Accident Traps Man Overnight

New York personal injury lawyer David Perecman comments on the slip and fall accident that left a street sweeper trapped at the bottom of a debris-filled drywell for over seven hours. The incident reminds New York personal injury lawyer Perecman of a similar case he handled a few years ago when a construction worker fell into an unsecured hole. Perecman's case was settled at the trial for $2,100,000 According to the New York Post, Joe Hranicka, the victim of the New York slip and fall accident, left his truck to move a large piece of plywood board that looked like trash. New York...

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Can a fall lead to a lawsuit?

By Heather Nolan In efforts to curb frivolous law suits, a bill, recently signed by Rick Perry, will require the some civil plaintiffs to pay the defending attorneys fees if they lose in court. It's Sunday afternoon and you're on your weekly grocery store trip. A few seconds before you make the turn into the condiment aisle, a clumsy shopper knocks a jar of pickles onto the floor. You turn the corner, don't see the juice, step in it and land flat on your back. Did you just fall into a lawsuit? That depends. Unless the evidence against the store is overwhelming, plaintiff's attorneys say...

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Personal injury suit against Rosewood Care Center

Trial opens with nurse's testimony in personal injury suit against Rosewood Care Center 6/21/2011 2:21 PM By Amelia Flood Plaintiff Delia Marguerite Giannini is suing the nursing home for damages in excess of $75,000 and other damages. The trial testimony of a nurse began the plaintiff's case in a personal injury suit filed against Rosewood Care Center Inc. by a former resident who claims to have fractured her leg after a fall. Former Rosewood nurse Janet Holcomb gave testimony about the plaintiff's fall risk and the nursing home's procedures to prevent falls at the beginning of the plaintiff's case after closing arguments concluded Tuesday...

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Endsleigh warns Leisure Trusts at risk from personal injury claims

by Brian Turner A new report published today by Endsleigh, the specialist insurance broker for leisure trusts, warns trusts that they could be liable should a customer injure themselves on a piece of faulty gym equipment. The report highlights that under the terms agreed between some leisure trusts and companies leasing gym equipment, it is the trust and not the supplier who would be liable to meet the costs brought by an injured customer due to a fault on the part of the manufacturer. Endsleigh warns that costs could end up being in the tens of thousands...

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When Chimps Go Berserk: A Lack of ‘Oversight’

If you haven't heard Charla Nash's story yet, be warned. The extent of her horrific injuries from the animal attack are reason enough to call for an end to private ownership of chimpanzees. "An adolescent or adult chimp is a very dangerous animal that poses serious public safety concerns if they are not properly housed and managed," says scientist Steve Ross, as William Mullen reports for the Chicago Tribune. Chimpanzees are more than capable of causing serious injury or death to human beings; Charla Nash, now in her late fifties, underwent face-transplant surgery in May after a 200 pound chimp named...

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