Property Damage – Sandy-Damaged Vehicles Hit 230,000 Mark

November 28, 2012

The losses from Sandy keep piling up. On Nov. 26, AIR Worldwide substantially raised its estimate of total insured losses to between $16 billion and $22 billion, while the National Insurance Crime Bureau NICB revised its projections about the total number of vehicles swept away by Superstorm Sandy.

Based on claims information provided from the Insurance Services Office, Inc. ISO, a subsidiary of Verisk Analytics, the NICB now estimates that at least 230,000 vehicles were damaged in the storm. Not surprisingly, New York logged the most damaged vehicles, with 130,000 claims. Meanwhile, New Jersey has reported 60,000 auto claims.

The remaining 40,000 claims analyzed and reviewed by insurers were filed by insureds in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.

via Sandy-Damaged Vehicles Hit 230,000 Mark | PropertyCasualty360.

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Attorney Nima Taradji Is Now also Licensed in the State of New York

November 12, 2012

Nima Taradji New York License

I am proud to announce that as of November 9, 2012, I have been authorized to practice law in the State of New York. My application was accepted and my swearing in ceremony went without a glitch. On November 9, 2012 I presented myself in Albany, NY, where after a brief interview I was sworn and permitted to begin my practice of law in the State of New York.

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Wrongful Death – Tower Climbing Death and Question of Control

June 6, 2012

Understanding the contracting chain on cell tower jobs can be complicated, but crucial when workers die.

William “Bubba” Cotton, 43, was the first of 11 cellsiteworkers who died on AT&T projects from 2006 through 2008, years when the carrier merged its network with Cingular and ramped up its 3G network for the iPhone.

As ProPublica and PBS “Frontline” reported last month, tower climbing ranks among the most dangerous jobs in America, having a death rate roughly 10 times that of construction. The project Cotton was on involved several layers of subcontractors, which is common in the tower industry. The accident was more unusual. Most of the 50 tower climbers killed on cell site jobs since 2003 have died in falls, but Cotton was crushed to death by an antenna.

A wrongful death lawsuit subsequently filed by Cotton’s survivors, as well as a personal injury suit filed by his cousin and co-worker, Charles “Randy” Wheeler, explored two questions at the heart of every tower fatality: Who controlled the tower site? And who was responsible for the safety of the subcontractors working on it?

Read More:

via Anatomy Of A Cell Tower Death · OPB News.

tower death

The AT&T cell tower job in which William Cotton died involved several layers of subcontractors. This chart shows which companies in the contracting chain were investigated by OSHA and the results of litigation by Cotton’s family and his co-worker, Charles Wheeler.

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Product Liability – Restore Legal Rights to Victims of Generic Drug Gain Support Amongst Attorney Generals Across US

May 29, 2012

A group representing state Attorneys General across the country has backed a proposed Senate bill that would allow the makers of generic prescription drugs to update safety labels on their products if they become aware of new dangers and side effects from taking them.

According to a statement from the National Association of Attorneys General NAAG, the bill proposed by Senators Patrick Leahy and Al Franken would give all users of prescription drugs the same legal rights if they suffer a side effect from taking it that’s not expressly noted on safety information included with the drug. Under current federal law, makers of generic drugs are blocked from updating the safety labels on the copies of name-brand drugs they manufacture and distribute until the company that makes the name-brand drug makes changes. If a patient is prescribed or dispensed a generic drug and suffers a side effect, they are unable to file any legal actions against the makers of the generic drug, which is exempted from facing lawsuits for hiding side effects of that drug.

This law gained attention when the Supreme Court was presented with the case PLIVA Inc. vs. Mensing in which the high court ruled that federal law only granting permission to makers of name-brand drugs to independently update the safety labels on drugs prevented those who’ve been injured by generic prescription drugs from seeking any legal actions against the makers of it.

NAAG states that more than 70 percent of all prescriptions filled in the U.S. are for generic drugs and that’s likely to increase as patents for top-selling drugs expire, as the one for the cholesterol drug Plavix has recently done. In that case, seven companies have been permitted to make copies of Plavix to be sold under its generic name.

via The Trial Lawyer Magazine – State Attorneys General Support Bill to Restore Legal Rights to Victims of Generic Drug Side Effects | The Trial Lawyer Magazine.

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Personal Injury – Bicycle Injuries – $5M Settlement in Truck versus Bicycle Accident

April 14, 2012

The interesting thing that I keep seeing in personal injuries resulting from intersection related incidents, is that the person who is in the intersection at the time the personal injury event occurs, regardless of stop signs and who did or did not stop at the signs, controls the the intersection and therefore has the right of way.

In the personal injury case illustrated below, since the Plaintiff must have already been in the intersection, therefore was in control of the intersection, had the right of way. The truck driver did not look to his right before proceeding into the intersection and hit the biker causing him catastrophic injuries.

In other words, just because a person failed to stop at a stop sign, does not give green light for other drivers to plow them over…

A case involving an elderly bicycle rider who lost part of his leg after a truck struck him recently settled for $5 million.The case stems from an Aug. 14, 2009, accident between Paul Zanoni and a Mack truck.

On that date, Zanoni rode his bicycle home from church when a truck owned by Rossi Contractors Inc. of Northlake hit him near a Bellwood intersection, said [Plaintiff’s Lawyers].

Zanoni did not stop his bicycle at the crosswalk near the intersection of Madison Street and 25th Avenue in Bellwood, he said.The truck’s driver, John O’Shea, moved through the intersection but did not look to the right and struck Zanoni, he said. Zanoni became trapped under his bike and the truck dragged him about 40 feet before stopping.

via Chicago Daily Law Bulletin – The City’s No. 1 Source for the Law Profession.

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A World Without Lawyers

March 26, 2012

I have heard many tales about how life would be if only lawyers would not be around. You know, the joke that goes something like this: “What do you call a dozen lawyers dead at the bottom of the sea?” and the answer is something like: “a good start.” We have all heard the lawyer jokes and I always get a good chuckle out of them. But in reality, the world would be a dismal place was it not for us lawyers who are the last line of defense between those who place money and profit ahead of all else including the safety of the people around them. Lawyers are making sure your rights are preserved and those who do harm are held accountable for their action.

It is all about personal responsibility.

A World Without Lawyers
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Work Injury – Product Liability – Doctors Remove 3.5-inch Nail from Worker’s Brain

March 20, 2012

workplace injuryWhat came to my mind was a question about safety of the nail gun used. As lawnmower have what is commonly referred to as a “dead-man’s switch” which cuts of the engine to the mower if the operator lets go of the handle, I am surprised that a nail gun could still fire without anyone holding it. Here, the accident occurred when the worker let go of the nail gun and it fell on his head! I like to hear about what causes of action, aside from the obvious worker’s compensation claim resulting from the workplace injuries, an attorney looking at the facts and the details could come up with. Off the top of my head, I see a potential product liability case here.

Autullo was standing on a ladder, reaching over his head to drive nails into the top of a wall, when he lost his grip on his nail gun. The recoil swung the gun back and pressed it against his skull. From the outside, it appeared to be a minor scrape, but just below the skin was the head of a nail.

via Doctors remove 3.5-inch nail from man’s brain – chicagotribune.com.

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Criminal Law – Go to Trial – Crash the Justice System

March 19, 2012

In this era of mass incarceration — when our nation’s prison population has quintupled in a few decades partly as a result of the war on drugs and the “get tough” movement — these rights are, for the overwhelming majority of people hauled into courtrooms across America, theoretical. More than 90 percent of criminal cases are never tried before a jury. Most people charged with crimes forfeit their constitutional rights and plead guilty.

“The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used,” said Timothy Lynch, director of the criminal justice project at the libertarian Cato Institute. In other words: the system is rigged.

In the race to incarcerate, politicians champion stiff sentences for nearly all crimes, including harsh mandatory minimum sentences and three-strikes laws; the result is a dramatic power shift, from judges to prosecutors.

via Go to Trial – Crash the Justice System – NYTimes.com.

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