vendredi 9 septembre 2011

Class Action Lawsuit Filed Against ‘Housewives’ Star

Companies manufacturing and selling consumer products have a duty to market those products under a guise of truth and full disclosure. Products which may be inherently dangerous or non-conforming to their promises are typically targeted by civil lawsuits seeking damages. In consumer fraud cases, plaintiffs typically seek compensation when their product does not perform as promised in commercials and ad campaigns. Consumer fraud lawsuits can sometimes cost the manufacturer so much money that the business is forced to close.

A class action lawsuit was recently filed with regard to a tequila-based liquor product known as SkinnyGirl Margarita after plaintiffs allegedly realized the product is not what it is purported to be on the label. Whole Foods, a grocery store chain dedicated to selling only organic and natural food products, recently declined to renew its contract to sell the product after concerns arose that the product may contain chemical preservatives.

A class action was filed in federal district court in California this week claiming deceptive advertising as the margarita bottle’s label clearly states:”one hundred percent blue agave tequila with natural flavors and [caramel] color added.” However, it was recently revealed that the product contains a preservative known as sodium benzoate which is not disclosed on the advertising. Plaintiffs are hoping the product will undergo a corrective marketing campaign.

The maker of the product, Beam Global Spirits, stated that the suit was “frivolous,” and “not surprising” in light of today’s overly-litigious society. The company is fully confidant it will prevail and added that the case was completely “without merit.”

The product is backed by reality star Bethenny Frankel. Frankel achieved stardom in the flagship series Real Housewives of New York City- a series which eventually spawned six other spinoffs.

Latest News on Toyota Lawsuits

Procedurally speaking, the string of lawsuits against Toyota following its massive spontaneous acceleration recall remain at a standstill as parties continue to battle over discovery issues- issues which will be sorted through by federal judge James Selna of Santa Ana. The main crux of the conflict regards the shear number of witnesses and vehicle owners Toyota plans to depose- a number close to 250.

The lawsuit stems from a number of cases in which car owners’ vehicles were recalled due to concerns with sudden and spontaneous acceleration. Plaintiffs claim the value of their vehicles was significantly depreciated following the recall and are seeking damages from the auto-giant. As of now, plaintiffs are filing claims separately but many lawyers are seeking class action status from Judge Ana in the near future.

Giving rise to the conflict is the fact that Toyota has expressed its intention to depose 250 economic loss victims in conjunction with the lawsuit. Plaintiffs would like that number significantly reduced to just 50 plaintiffs. Toyota is also seeking permission to stretch depositions until 2013. Attorneys for both sides presented their arguments in court filings this week to give Judge Ana an opportunity to review the assertions of both opponents.

One plaintiff’s attorney called Toyota’s discovery filings a “blunderbuss” and referred to the amount of discovery as “nothing short of stunning.” Plaintiffs’ attorneys are also concerned with judicial efficiency and economy and worry that 250 depositions will take an indeterminate amount of time to complete.

Toyota has counted these arguments with due process claims and cited the recent Wal-Mart sex discrimination case. That case emphasizes the due process rights of massive corporate defendants embroiled in class action suits. Toyota points to its right to conduct a fair case and produce a full record of events with regard to the case.

Value depreciation claims are not the only suits pending against Toyota with regard to acceleration problems. A number of personal injury and wrongful death claims have been filed on behalf of drivers, passengers and victims injured or killed when their vehicle suddenly sped up while on the roadway.

Tuesday’s upcoming hearing comes on the heels of a recent decision by Judge Ana disallowing non-California residents from seeking compensation in California courts. Many out-of-state plaintiffs were choosing to file in California based on its favorable consumer protection laws. Judge Selna struck down these suits on the notion that it is unlawful for plaintiffs to “forum shop” and file claims in a certain jurisdiction based solely on the likelihood of success.

Massive Power Outage Leaves 5 Million in the Dark

It seems lately not a day goes by that news outlets are not working overtime to cover various phenomena from earthquakes to hurricanes to floods. Yesterday’s headlines were certainly no exception as a massive power outage crippled close to 5 million California residents. The unprecedented collapse of a huge electric grid resulted in the lack of power from Baja to Laguna Beach- including most of San Diego county.

Officials in San Diego warned that most households would not see power restored until sometime Friday. Rural areas may be on hold until as late as Saturday afternoon. As of 11:30pm on Thursday, 325,000 customers were restored. All schools in San Diego county were cancelled on Friday as well as high school athletics- namely high school football games.

The massive outage began around 3:30pm on Thursday and residents began immediately stocking up on necessary supplies as authorities could not definitely state when electricity would be turned back on.

California Highway Patrol added that all schedule construction-related road closures in the affected areas would be cancelled until further notice. Flights in and out of Lindbergh Airfield were also delayed due to the crisis.

Thankfully, the area’s hospitals and medical facilities were able to operate on back-up generators that are slated to last at least two full days.

We urge all those affected to follow these guidelines to help hopefully restore much-needed energy to all residents struggling to live without power. Turn off air conditioners. Air conditions use a lot of power when turned on. Authorities warn that at the moment of restoration, the start-up of thousands of units at once could compromise the system. Customers are urged to wait about ten minutes after restoration to turn air conditioners back on.

mercredi 7 septembre 2011

Mesothelioma Lawyers San Diego

You can also try cancer specialist centers as it is no doubt that they will have a list of mesothelioma lawyers San Diego that comes handy. When dealing with such cases, it is no doubt that the services of lawyers are needed, so having a list there will be helpful. Alternatively, you can also try is support groups where they would be able to recommend lawyers who are aggressive (which they have dealt with before) and help you in your case. You can also check with your union or professional group if you were exposed on the job.

Before proceeding with the lawyer of your choice, it is advisable that you check out his or her track records, backgrounds in mesothelioma cases and get references if you can. A victim of mesothelioma cancer is entitled to but not limited to lost wages, medical bills, travel expenses, medical expenses, pain and suffering, support for you and your loved ones, and etc. If you read the news, you would have come across where there were cases where the victims won the cases with millions of compensation. So why not get your justice done?

Finding Mesothelioma Lawyers in San Diego

Mesothelioma is a very rare cancer that develops in the mesothelium, a protective sac that covers and protects most of our internal organs in the body. The main cause of this cancer is due to exposing and inhaling of asbestos fibers. Approximately 80 percent of cases show that people who develop mesothelioma cancer were those who have been working in environments that involved or exposed to asbestos particles. Most people do not aware about the danger of asbestos as it often takes as long as 20 to 50 years after the exposure before the symptoms of mesothelioma develop.

The bad news about this ailment is there is no cure for it yet and so basically, the patients have to live with it. Although suffering from such terrible disease is unavoidable once contracted, there are still many things that the patient need to take care of which includes legal support. Mesothelioma victims have many legal options that they can explore in order to get their deserve compensation. Filing a lawsuit is imperative although it can be a very daunting process. The most crucial action that you can take is to find the most appropriate law firm or attorney to handle your case.
Mesothelioma Lawyers San Diego
Mesothelioma Lawyers San Diego

You might be wondering why you will need a mesothelioma lawyer. Well, if you have worked or lived in environments that were exposed to asbestos, you can get your just dues and receive the right amount of compensation from your employer or landlord. These people are supposed to look after your health and not endangered it. This was quite true during the 60s and 70s where employers did nothing to protect their employees even being aware about the risk and danger of asbestos.

How do you go about looking for mesothelioma lawyers in San Diego?

San Diego is a real big city and it would be a daunting task for busy people to look for a professional in it. The list of lawyers in this area is so huge that it might take you forever to get the right one. One way to cut it short is to go to the doctor that diagnosed your case if he or she has any connection. Most of the doctors in San Diego usually know or have contacts with lawyers that handle such cases. These lawyers got to know with the doctors initially because they had to get the relevant information from their previous clients’ doctors when handling their cases, so it is no doubt that they could be working closely together when dealing with the similar cases.

Mesothelioma Lawyers in San Diego

asbestos lawyers california Mesothelioma Lawyers in San Diego - To understand how to choose a lawyer for this disease, you should first understand the basics of the disease. In the simplest sense, mesothelioma is a cancer of the protective layers of the body cavities, known as the mesothelium.

These tissues have different names depending on the organs they protect. You have probably heard of the peritoneum–this is the covering around the stomach and intestines. Other organs and cavities have their own membranes as well.

Mesothelioma is a cancer of these tissues. They often do not just affect the tissues–they affect the organs they surround and can spread elsewhere. This cancer is most often contracted by exposure to asbestos, a highly dangerous mineral often found in floors, ceilings, and some products.

Employers and landlords are supposed to protect you from asbestos, but often this does not happen. If you have mesothelioma you have probably been exposed to asbestos. If so, you should contact mesotheloma attorneys in your area to see if you have a case against the party responsible for your exposure.

How Do I Choose?

San Diego is a big place. The whole area is so large it is almost connected to Los Angeles now with no real division. Choosing a professional in this area is a daunting task for busy people, so here are some steps to take to make the process easier.

Mesolthelioma lawyers get to know the doctors who treat the disease. Over time they develop relationships and form help networks for patients. Often a doctor will have several contacts in the legal field and a lawyer will have several contacts in the medical field. This helps save you time.

If you have been diagnosed with mesothelioma, your oncologist may be your best source of names for attorney contacts. She will likely have already worked with them on cases and can tell you not only who specializes in your type of cancer but who is best and who is within a short distance from your home or work. If she does not have the right kind of specialist, there are other ways to find the right professional for your case.

You can check with other doctors who deal specifically deal with mesothelioma if your doctor is more of a general oncologist. These doctors may have worked more closely with mesothelioma lawyers in your area of southern California. You can also call local hospitals, various cancer support groups–area law schools are also excellent for references. Also check your union or professional group if you were exposed on the job.

Regardless of where you find your contacts, interview the lawyer, check on his or her background, and get references if you can. If you are ill, the last thing you need is more trouble.