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Both Marquette Teams Win Their First Round of Oral Argument at the Boston Regional

March 12th, 2010
I am currently in Boston serving as coach to two teams of Marquette law students who are competing in the National Appellate Advocacy Competition’s Boston Regional Competition.  The teams are Alyssa Dowse, Rachel Helmers, and Nicholas Harken (this month’s student blogger); and Jesica Ballenger, Lindsey Johnson, and Allison Ziegler.  This evening at 5:30 p.m. both [...]

Scott Walker: Break Up MPS

March 11th, 2010
The Milwaukee Public Schools system should be replaced with ten to twelve smaller school districts, Republican gubernatorial candidate Scott Walker said Thursday in an “On the Issues” session at Marquette Law School. Asked by host Mike Gousha, the Law School’s Distinguished Fellow in Law and Public Policy, what he would do about problems facing MPS, Walker said, “I’d [...]

Former Toyota counsel Dimitrios Biller on his knowledge of potential fraud on acceleration issue

March 11th, 2010

Former Toyota lawyer and in house counsel Dimitrios Biller  joins Scott Drake on Speaking of Justice to outline the explosive revelations he shared with Congressional committee’s regarding Toyota’s alleged cover up of it’s sudden acceleration problems in their cars. This interview, direct with one of Toyota’s key insiders looks at how he was paid in his own words, “Hush Money” to keep quiet about the information he had on what appears to be a long standing problem with Toyota vehicles, sudden acceleration and car crashes. Dimitrios Biller, Former Toyota counsel

While Mr. Biller has been on Fox, CNN and other major channels today, I think you will find our exclusive interview with him to be one of the most intriguing looks at this major news story from a legal perspective. This is an interview that pulls no punches, looks at Toyota’s culture and management and raises troubling questions about how they have managed this problem internally from a legal standpoint.

If you are a lawyer handling Toyota crash claims, a journalist covering the Toyota sudden acceleration story or just a consumer who owns a Toyota and wants to know what is going on, you owe it to yourself to watch this exclusive interview on the Toyota sudden acceleration case, the alleged cover up and what comes next for this whistleblower who will certainly be under intense scrutiny regarding his claims, evidence and allegations against one of the worlds largest and most powerful corporations.

We at Legal Broadcast Network are pleased to bring you this exclusive interview with Attorney Dimitrios Biller and hope that if you are a new viewer of our content and shows, this will give you a reason to come back more often. All of our content and shows are original, exclusive and are featuring the lawyers and experts who are at the very center of the major cases, lawsuits and decisions that shape our society. If you have a case, a story or verdict you think would be of interest to our national and international audience of lawyers, journalists and others, be sure to contact our studio and let us know.

 



Construction Worker Killed in Hermosa Beach Trench Collapse Accident

March 11th, 2010

A construction worker was killed in a tragic accident in Hermosa Beach in California this week, after he fell into an open trench and the walls collapsed around him.

The accident occurred at a construction site of an 8,289 sq. ft. office complex and parking garage. The worker was apparently standing on a platform about 6 feet from the ground, and about 15 feet from the bottom of the open trench. He was using a compactor to push steel filings used for retaining the wall. The vibration from the compactor he held in his hand, seems to be what caused him to lose his balance, and fall headfirst into the open trench. As that happened, the mounds of soil that were stacked at the sides began to fall into the open trench, burying and suffocating him.

It took emergency response workers more than three hours to excavate the victim from the trench. The accident occurred at about 10.30 in the morning on Wednesday, and the victim’s body was finally retrieved by about 3.30 in the afternoon. Several emergency response workers were on the scene trying to extricate the man’s body. The Urban Search and Rescue unit of the Los Angeles Fire Department was called in to help with the extrication, because of the weak and unstable nature of the soil.

According to witnesses at the scene, the soil began to pour quickly into the open trench after the man fell in. There seemed to be little that people at the scene could do to help him. Workers from the Hermosa Beach maintenance yard, which is just a few blocks away, heard the other workers cry for help when the man fell in and rushed to help him. They tried to dig the man out, but it was futile because the soil was extremely unstable.

As more details are emerging about the accident, it seems that the contractor involved in the project did not have a permit to excavate the site. The Los Angeles County Coroner’s office is currently investigating the cause of death, but it seems very likely that the man died from asphyxiation, caused when the soil fell on him and suffocated him. The California branch of the Occupational Safety And Health Administration has issued an immediate work order, ceasing construction work at the project.

This latest accident illustrates the dangerous nature of the construction industry and the constant risk to its workers. This is one of the most dangerous industries in the American workplace. Every year, out of every three deaths that are reported in the workplace, one occurs in the construction industry.

Trench collapses are one of the most serious accidents on a construction site. Often, California construction accident lawyers see that these occur because trench walls have not been strengthened, or shored. The risks to construction workers in a trench can be minimized if these trench walls are shored with metal or other materials. That doesn’t seem to have happened here, with tragic results for the worker and his family.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of construction accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Gonna Wait ‘Til the Midnight Hour

March 11th, 2010
Three slices of this week’s education pie being served around here: Slice one: It’s one thing if Milwaukee School Board members want to go all night talking about the matters in front of them – it might not be a very good way to do business, but it only affects Board members, some MPS administrators, and [...]

Yemeni Ex-Wife and Author is Just 12 Years Old

March 11th, 2010

It has now been two years since 12-year-old Nujood Ali ended her marriage to her husband—a man in his 30s—and now the girl has achieved fame around the globe for her bold actions.

The case, heard in a courthouse in Sanaa, Yemen, brought attention to then 10-year-old Ali and the culture of child brides in the country. At the time, the case caused much stress for Ali and her family, making them the center of the debate on tradition and culture in Yemen.

A whirlwind of controversy surrounded Ali’s divorce case, according to CNN, and for the reporter to even get a pre-arranged interview was quite a feat. By demanding a divorce from her 30-something husband, Ali threw her nation into somewhat of a frenzy—breaking the traditional mold of Yemen’s culture.

At age 10, Ali exuded the essence of a child in every way—from her laugh and smile to her childish mannerisms that any girl her age should possess. CNN reporters found during their interview that there was another side to the girl entirely.

In her marriage to a man more than 20 years her senior, Ali had been abused and threatened—but she was no quitter and she fought for, even demanded a divorce so she could win back her childhood that had been ripped away by an early marriage.

Ali’s divorce case caught the world’s attention, and media from several countries covered the story. In August of 2009, CNN reporters once again interviewed Ali—this time to find a more mature young woman on the other side of the table, but one who didn’t seem much happier than she had two years before.

Many supporters of Ali and her family donated money to send the girl to private school and help her family survive, but according to Ali, the money hasn’t helped anything and she even stated that she wished she had never opened up to world media.

According to the CNN report, the girl’s fame has caused even more strife in her family because family members believe they should be living on wealth that Ali’s story should bring, but they aren’t and it continues to make her life very stressful.

A recent article from the Los Angeles Times reports that Ali is now doing much better. She has since co-authored a book with French journalist Delphine Minoui, and the profits from the book are helping pay for the Ali family’s home and schooling.

The book, titled “I Am Nujood, Age 10 and Divorced,” is available on Amazon.com. The girl’s full true story may put a new perspective on divorce in America.

Filip Expresses Concern About the Return of Sentencing Disparities

March 10th, 2010
Former U.S. Deputy Attorney General Mark R. Filip warned at Tuesday’s Hallows Lecture that disparities in sentencing by federal judges are returning since the U.S. Supreme Court ruled five years ago that sentencing guidelines are only advisory. Filip, who also is a former federal judge and now practices with a Chicago law firm, said that United States v. [...]

Everyday Eviction

March 10th, 2010
Eviction has become a special burden for low-income African American women, many of whom live in run-down rental housing and are raising children in single-parent homes. University of Wisconsin sociologist Michael Desmond, quoted in an article in the New York Times, argues, “Just as incarceration has become typical in the lives of poor black men, [...]

Actress Reese Witherspoon goes to Washington and speaks out about violence against women

March 10th, 2010

Washington (CNN) – Reese Witherspoon is getting serious.

Witherspoon told CNN’s Wolf Blitzer on Wednesday about her quest to stop violence against women around the world. She said she isn’t alone in her fight.

“I think when you have strong powerful women standing up and speaking out about these issues, not to mention how many women represent us in the Senate and the House of Representatives, you’re going to start to see a major change in these areas,” stated the actress.

The actress is in town to attend the 2010 International Women of Courage Awards along with First Lady Michelle Obama and Secretary of State Hillary Clinton.

Witherspoon is a representative of the Avon Foundation and is partnering with the non-profit group Vital Voices to shine a light on the difficult issues women face as a result of abuse.

Four People Injured in Multivehicle Accident in Los Angeles

March 10th, 2010

Four people have been injured in a Los Angeles multi-vehicle crash set off by a woman who lost control of her Toyota.

According to the San Gabriel Valley Tribune, a 20-year-old woman driving a Toyota Celica on the westbound 210 freeway, set off a multi-vehicle collision that involved at least three other cars. Apparently, there was stopped traffic on the freeway, and the woman could not stop in time. She veered to the right and struck a white Honda, and then into a Cadillac. The Cadillac was sent rolling on top of a Mercedes. Four people had to be rushed to the hospital, and one had to be placed on advanced life support. The other victims suffered back, shoulder and neck injuries. The California Highway Patrol is investigating the accident. There is no indication yet that alcohol or drug use were a factor in this accident

The victims here were extremely fortunate. Collisions involving multiple vehicles in heavy traffic can be extremely serious, and lead to instant fatalities or catastrophic injuries. It seems here that the driver of the Toyota Celica was either driving at excessive speeds, or at speeds that were too high for the prevalent traffic conditions. Motorists are required to take into consideration not just existing speed limits, but also existing road, traffic and weather conditions while driving. For instance, driving on a congested freeway will require dropping speeds to ensure that you’re not tailgating the car in front, and to help you bring your car to a stop in case of blocked traffic ahead.

Speeding still remains a major factor in the auto accidents that California accident lawyers come across every day. Speeding doesn’t refer simply to vehicles that are traveling at above the posted speed limits, but also cars that are traveling too fast for prevailing road, traffic and weather conditions. Motorists must slow down, not just in heavy traffic or rush-hour, but also when adverse weather increases the risk of an accident. Driving in stormy weather, heavy snowfall, heavy rains or other adverse weather conditions requires extra caution, and driving even at your normal speed limits may be too fast.

The second biggest factor in auto accidents is drunk driving. Even with all the focus on distracted driving and the number of injuries and fatalities it contributes to every year, more numbers of people are killed in alcohol-related car accidents than accidents caused by distracted driving. Every year, over 1,000 people are killed in California alone in accidents involving drunk motorists. Those numbers have been declining as law enforcement agencies have tightened their hold on intoxicated motorists, and lawmakers have become more proactive in passing laws that focus not just on educating and informing motorists, but also making sure that repeat DUI offenders are not able to drive again.

Cell phone use while driving, texting, shaving, applying makeup, snacking, reaching for a CD, changing music stations, talking to fellow passengers, staring at billboards-all of these constitute distracted driving, and contribute to thousands of accidents every year.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of auto accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Liberty Life, a leader in a wide range of structured legal fees

March 10th, 2010

In this week’s edition of Speaking of Settlements I continue my month long series on structured legal fees, or structured attorney fees, by looking at the Liberty Life program.

Liberty Life is a subsidiary of the well known multi-line casualty group, Liberty Mutual Group, and is one of the leaders in both taxable and non-taxable structured settlements. As a result of this expertise in both areas of structures, Liberty is in the unique position of being one of only two major life markets that allow lawyers to structure their legal fees on both taxable and non-taxable damage cases.

As you will learn in the video, Liberty Life allows for a wide range of options on their structured legal fees, among them are:

  • It is the position of Liberty Life Assurance Company of Boston to use a non-qualified assignment on all legal fee structures, thus they utilize an NQAR as their assignment document.
  • They will write stand-alone attorney fees arising from both qualified and non-qualified settlements.  The attorney fee structure must be written into the settlement agreement.
  • Payment modes permitted are the same as standard periodic payments with the exception of Joint & Survivor.
  • Rated ages are not available for attorney.
  • Commuted value at death is available for attorney.
  • Beneficiary changes are allowed for the attorney if included in the settlement agreement.
  • The payee may be the law firm and the beneficiary would be the successor of the firm.
  • Required documentation includes: W-4P if withholding is requested, a W-9 if paying the law firm, and a Hold Harmless Agreement.

Also, as a point of clarification on the video please note that in the video I mention a few items that could use greater amplification, among them is that Liberty Mutual Group has been in business since 1912, rather then the “decades or hundreds of years” I casually stated. It just seems like hundreds of years, right?

Also, BARCO is not a subsidiary of Liberty Life, but a special purpose corporation based in Barbados, that Liberty Life works with or uses to facilitate non-qualified assignments, such as those used in structured legal fees.

With those points tucked away in the back of your mind, jump into today’s Speaking of Settlements and learn how Liberty Life works with lawyers all over the country to assist them in structuring their legal fees on a wide range of cases. If you want to learn more about structured legal fee cases and your options, feel free to contact the annuity expert, Mark Wahlstrom, at www.wahlstromandassociates.com

 



Peace and Quiet

March 10th, 2010
The one thing that all good lawyers need periodically is peace and quiet. They might need peace and quiet to draft a will, prepare for trial, or prepare a pleading or a contract. They need peace and quiet to sort their thoughts and to make decisions. We all respond differently to that need. We have lawyers [...]