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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March 20th Vote Smart: Review Judicial Evaluations Presented by Illinois State Bar Association

February 29, 2012

Rating Judicial Candidates

vote elections 2012Since Illinois voters have the responsibility to elect judges, the Illinois State Bar Association (ISBA) feels it has an obligation to share with the public information about qualifications of judicial candidates. The lawyers who practice alongside candidates for judicial office are in a unique position to assess the professional qualities that are necessary for good judges.

View ISBA’s judicial ratings for the March 20th primary by county.

Judicial Evaluations | Illinois State Bar Association.

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Mediation – 678 Partners Ask CFR on How Mediation Can Yield Lower Costs, Produce Win-Win Results And Leave Less Emotional Strain in Comparison Vimeo

January 13, 2012

678 Partners ask CFR on how mediation can yield lower costs, produce win-win results and leave less emotional strain in comparis from Amir Homayoun Rafizadeh on Vimeo.

Had an eye opener discussion with Erin Johnston CEO and Founder of CFR an IL based mediation business. Idea Chef and I have been talking to different groups in the prior weeks about the Gulf Oil Spill and its consequences to the BP brand. Today we also decided to invite Nima Taradji as well to get the perspective of a trial attorney. Very educational and interesting findings when comparing mediation, arbitration and also litigation. Big cost and time differences between the techniques, better outcomes when both parties agree to some aspect rather than having one looser and one winner. Something very few people know: Emotional toll on the case looser, something mediation avoids because both parties decide, and not one or the other. Grab a cup of coffee over a Saturday or Sunday and listen to this interview.

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Product Liability – FDA Requires Increase Warning For Yaz Blood Clot Risks

January 12, 2012

Visit msnbc.com for breaking news, world news, and news about the economy

A Food and Drug Administration (FDA) advisory panel voted 21-5 to require drospirenone-containing birth control pills – including Yaz, Yasmin, Ocella, Beyaz, Safyral, and Vestura – to warn about increased risk of blood clots.

via Yaz Side Effects: FDA Requires Increase Warning For Yaz Blood Clot Risks | InjuryBoard Kansas City.
msnbc video: Panel: Benefits of ‘Yaz’ outweigh risks.

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The 10 Most Ridiculous Lawsuits of 2011

January 7, 2012

I am posting this against my better judgment… but then again, this made me smile.

The top ten Most Ridiculous Lawsuits of 2011 are:

  • Convict sues couple he kidnapped for not helping him evade police
  • Man illegally brings gun into bar, gets injured in a fight, then sues bar for not searching him for a weapon
  • Young adults sue mother for sending cards without gifts and playing favorites
  • Woman disagrees with store over 80-cent refund, sues for $5 million
  • Mom files suit against exclusive preschool over child’s college prospects
  • Man suing for age discrimination says judge in his case is too old
  • Obese man sues burger joint over tight squeeze in booths
  • Woman sues over movie trailer; says not enough driving in “Drive”
  • Passenger’s lawsuit says cruise ship went too fast and swayed from side to side
  • Mother sues Chuck E. Cheese – says games encourage gambling in children

via The 10 Most Ridiculous Lawsuits of 2011 – Yahoo! News.

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Wrongful Death – Personal Injury – Frivolous lawsuits Are Not The Issue – Carelessness Is.

January 3, 2012

We have heard so many tales of woes about how medical malpractice lawsuits are ruining the medical health of this country by making healthcare expensive for all and by causing the exodus of doctors from the so-called “judicial hellholes” (of which Illinois is supposedly one) toward States where there are limits on justice that a victim of a doctor’s carelessness can hope to obtain.

The problem with that proposition is that it is simply not true. What causes medical malpractice lawsuits are not patients and/or juries and their verdicts or lack of caps on those verdicts, but medical malpractice. The best way to prevent a lawsuit based on medical malpractice is to not commit carelessness.

Note that here, we are not talking about things that may go wrong in the natural progression of a treatment: there are times when a treatment goes wrong through no fault of the medical provider and/or the attending physician. Things may go wrong because Medicine is an art. What we are talking about here are actual damages caused to individuals that are the direct result of carelessness–that is different from simply not getting the intended result. For example, damages that could cause for failure of a doctor to simply read objective tests that are performed and that are ready to be reviewed but the doctor simply decides not to avail himself f the useful information those tests provides him. That is when medical malpractice lawsuits may be expected.

NYT: Doctors at Harlem Hospital Didn’t See Most Reports

Nearly 4,000 tests for heart disease performed over the last three years at Harlem Hospital Center – more than half of all such tests performed – were never read by doctors charged with making a diagnosis, hospital officials acknowledged Tuesday.
The echocardiogram tests, a type of ultrasound used to evaluate heart muscle and valve functions, were ordered by doctors at the hospital. The tests were stored on a computer and basically forgotten, officials said. The lapse occurred because the cardiology service at the hospital had developed a system by which technicians were given the responsibility to scan all tests and flag any that looked abnormal, so that they would be given priority when doctors read them.

It appears, officials said, that the tests that were not flagged were put aside and forgotten.

The city’s Health and Hospitals Corporation, which runs the public hospital system, including Harlem Hospital, and Columbia University, whose medical school supplies the cardiologists who work at Harlem Hospital Center, acknowledged the problem in a joint statement on Tuesday, after being asked about it by The New York Times.

“While the process the doctors followed may have alerted cardiologists to those echocardiograms that were most likely to be abnormal, the failure to read the echocardiograms in a timely manner is inexcusable and may have placed patients at risk,” Alan D. Aviles, hospitals corporation president, said in the statement. It was unclear who developed the screening system, hospital officials said.

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