Tuesday, December 30, 2014
Wednesday, December 3, 2014
Frank Azar – Class Action Lawsuit Against Breyers Ice Cream Dropped
The latest blog post from Frank Azar:
On July 22nd, 2014, New Jersey resident Yosh Jefferson filed a class action against Conopco Inc., the maker of Breyers Ice Cream, for false advertising. The lawsuit is part of a growing trend for today’s consumers, who have statistically been seeking foods with fewer synthetic ingredients; other recent class action lawsuits having been filed against companies like Red Bull, 5-Hour Energy, and Naked Juice. Just like these other lawsuits, the class action against Conopco was on the grounds of false advertising.
Mr. Jefferson alleged that Breyers wrongly advertises that its ice cream is “All Natural”, giving the company grounds to raise prices over ice creams with artificial ingredients and leading consumers to pay a premium (38% more, Jefferson alleged). However, while Breyers packaging might say “All Natural”, it might actually contain artificial ingredients. Jefferson claims that this “All Natural” label is a mischaracterization of ice creams that contain alkalized cocoa, a non-natural processed ingredient produced from synthesized ingredients like potassium carbonate.
In this case, the essential question was: Can alkalized cocoa, a product that has been in use for around two hundred years, be considered a “natural” ingredient when it is made with an artificial ingredient like potassium carbonate?
Now, this week, a New Jersey court has dismissed the case as each party has decided to not proceed with the lawsuit, leaving an air of uncertainty over whether Conopco was guilty of false advertising.
This type of food labeling case largely relies on the judge and whether he or she believes the lawsuit has been preempted by a ruling or regulation from the F.D.A. In this case, both parties came to an undisclosed settlement, but in other cases, judges have allowed the cases to proceed. Many other groups eventually decided to pursue their lawsuits against other companies to varying degrees of success, creating a real impetus for the United States Food and Drug Administration to provide a comprehensive ruling on what is deemed a “natural” ingredient and what is not.
For now, Breyers has replaced the “All Natural” label with “Original”.
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Frank Azar – Tracy Morgan Still Battling Severe Brain Injury After Highway Crash
The latest blog post from Frank Azar:
According to a recent article featured on Yahoo News, beloved American actor and comedian, Tracy Morgan, is still fighting to recuperate from a severe brain injury following a car crash earlier this year on June 7th. At this time, it has not yet been determined if he will make a full recovery and be “the Tracy Morgan he once was”.
On June 7, 2014, Morgan and several of his friends had been on their way home from a show in Delaware, when a Wal-Mart truck crashed into them. One person was killed and three were injured (two seriously). Following the accident, Morgan spent multiple weeks in a hospital, as well as in rehab.
As per Benedict Morelli, Morgan’s lawyer, the former Saturday Night Live and 30 Rock star endured a traumatic brain injury, as well as a broken leg, nose and ribs.
Attorneys have recently been in court to schedule Morgan’s lawsuit against Arkansas based Wal-Mart Stores Inc. Morgan was not present at the proceedings.
“When you have a traumatic brain injury it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “You just don’t know. So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was. But the jury’s out.”
According to the article, Morgan sued for punitive and compensatory damages in late September; however, Wal-Mart has responded, claiming that the victims’ injuries were in part caused by the fact that they weren’t wearing their seatbelts.
Kevin Roper, the Georgia truck driver named in the lawsuit, has been charged with “death by auto and four counts of assault by auto in state court.”
Back in June, a preliminary investigation by the National Transportation Safety Board released that Roper had been driving 65 mph right before crashing into the back of the van. The legal speed limit on that specific stretch of the New Jersey Turnpike is 55 mph; however, it had been lowered to 45 mph that night due to ongoing construction.
To read the entire article featured on Yahoo News, please click here.
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Tuesday, November 25, 2014
Youth Design
The latest blog post from Frank Azar:
On Thursday, November 13, 2014, Youth Design held its second annual Designer Carnival Event at the W hotel. Youth Design, which was piloted in 2003, is a Boston based non-profit organization, geared towards preparing a diverse group of urban high-schoolers to realize their full creative potential, live their dream and become the next generation of designers.
The event supports Youth Design’s powerful mission to help change the course of these student’s lives by encouraging them to pursue a higher education and fulfilling careers. Youth Design is the leading program in Boston, that “focuses on addressing the critical socioeconomic needs of urban youth”, Zoey Gulmi, a writer and founder of Style by Zoe writes, “by teaching them highly marketable design skills”. Youth Design hopes that the next generations of “Youth Designs” will develop the necessary skills to achieve financial stability and sufficiency. And how better to work towards this goal, than by getting today’s professional design community involved and utilizing them as mentors.
The arts play such a crucial role in our society. The importance, however, goes unnoticed by too many. Frankly one could say that the arts are mostly just taken for granted. As a society, the arts keeps us grounded and complete us a human beings – they allow us to be available in the moment and be vulnerable. They allow us to communicate and express our emotions in the most genuine of forms. Furthermore, they bridge cultures and bring people together. Additionally, a recent study conducted by the National Endowment for the Arts has found that “lower-income students have higher academic results, college aspirations, and civic participation when they are engaged in the arts for long periods of time”. Due to this, Youth Design has made it their purpose to give back to Boston’s future by teaming their students up with exceptional mentors each year to support their endeavors and offer their expertise.
An organization that is devoted to nurturing our youth in an effort to better both themselves and our society as a whole, is as inspiring as it is motivating and in the words of this year’s mentor of the year, Jay Calderin, “One should never stop learning. Being involved in a perpetual education and nurturing a boundless curiosity are the only ways you will evolve as a designer.”
To learn more Youth Design and their mission, take a look at their website.
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Monday, November 24, 2014
When You Need A Personal Injury Lawyer
The latest blog post from Frank Azar:
Though you may have heard successful stories of people working directly with insurance companies after a personal injury, it is often more than worth the money to hire a personal injury lawyer. Having legal guidance for the complex array of legal rules and incentives is invaluable. If you’re dealing with any of the following situations, you’ll definitely want to make sure you have professional counsel.
The amount you’re compensated for an accident is directly tied to the severity of your injuries, recover time, and the amount of your medical bills. As your potential compensation rises, so does your potential range of compensation widen. If you’re dealing with severe injuries, you’ll definitely want to spend the money to have a lawyer on your side to make sure your compensation is on the higher end. So too with long-term or permanent injuries. Assessing the worth of an injury like this requires experience in order to get the most you can, particularly if you don’t know how long you’ll be out of commission.
In the last couple decades, there has been a significant rise in claims involving toxic exposure. Contaminants are increasingly found in the environment (air, soil, water, etc) as well as in our food and other household products. The trouble is that exposure is often difficult to prove. An experienced lawyer will often be able to provide the required scientific data, which is necessary to penetrate the defense of major chemical corporations and their expensive legal counsel.
Surprisingly to many, medical malpractice suits are one of the most complex. If your injury is the result of professional carelessness or incompetence by a healthcare professional, you’ll definitely want someone on your side with specific experience. Hospitals, doctors, laboratories – the medical world will be very prepared.
If you’re working without a personal injury lawyer and the insurance company simply refuses your claim, it’s not too late to hire a lawyer yourself. Thought the lawyer fee will cut into your ultimate compensation, it’s much better than nothing. Better still, hire a lawyer from the get-go and avoid the extra time and grief of dealing with insurance companies on your own in the first place.
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Tuesday, September 23, 2014
Frank Azar – Injured Parties Turn to 123 Lump Sum For Fast Money
The latest blog post from Frank Azar:
A growing number of injured parties are looking for ways to collect money from a structured settlement resulting from personal injury lawsuit. In southern Florida, one of the companies attempting to expand this type of transaction is 123 Lump Sum, according to the Sun Sentinel.
Often the process of attempting to gain compensation due to an injury can be lengthy, and plaintiffs can see their financial needs grow exponentially during that time. Companies like 123 Lump Sum buy up settlements and provide victims with the quick infusion of cash that they may need.
According to president, Andrew Savysky, 123 Lump Sum does not simply buy out entire annuities on a whim. “We try to understand our customers current financial needs and design a transaction that fit those needs.” he says.
Many financial analysts argue that structured settlements are usually best for the injured party, and that a settlement purchase should be only a last resort to address pressing needs. The state of Florida requires a judge to approve of all structured settlement purchases in order to ensure that they are in the best interests of the consumer. 123 Lump Sum has actually been an industry leader in promoting just these sort of consumer protections, and were proponents of a 2001 law that enforced consumer protections.
123 Lump Sum has seen a jump in business in recent years. They are seeing revenues of $30 million annually and they employ 100 people. Much of their success rests on their approach of catering their transactions to the particular needs of their customer.
To read more about the purchasing of structured settlements from personal injury cases, read the original article at the Sun Sentinel.
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Friday, September 19, 2014
Frank Azar – Charity Golf Event To Assist Veterans’ Employment Programs
The latest blog post from Frank Azar:
Earlier in the month, Agility announced on BusinessWire that it would host the seventh annual Paralyzed Veterans Golf Open, which raises funds for Paralyzed Veterans of America’s employment assistance program, Operation PAVE (Paving Access for Veterans Employment). The unique event pairs disabled military to play golf alongside veterans, military officials, corporate sponsors and other supporters of Operation PAVE’s mission to help veterans overcome employment challenges.
(Image: National President Bill Lawson at the 2012 Paralyzed Veterans Golf Open, source PVA)
This year, the charity event will feature an adaptable Golf Clinic for veterans with disabilities, let by Anthony Netto, PGA golf pro and founder of the Stand Up and Play Foundation. In addition, the event will include a showcase of adaptive golf cart technology that lifts players into a standing position, allowing them to play even if they are paralyzed.
Since its start in 2008, the annual Paralyzed Veterans Golf Open has raised $2.2 million for Operation PAVE and helped open rehabilitation centers in Chicago, Tampa, and San Antonio. The vocational rehab centers address the high unemployment rates for veterans by providing free one-on-one job counseling and placement assistance for veterans, their families, and their caregivers. They also specialize in assisting disabled veterans on their path to re-enter the workforce.
The charity event will take place on June 9, 2014, and will serve as a beacon of hope for veterans seeking assistance nationwide.
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Monday, August 25, 2014
Frank Azar – GM Plans Compensation Fund For Victims of Defective Vehicles
The latest blog post from Frank Azar:
The long road to compensation for those injured or killed in accidents involving defective GM vehicles may be finally coming to an end. As reported in a recent blog post on the West Virginia Legal Examiner, GM has been working with the Center for Automotive Safety, as well as lawyers for the plaintiffs in drawing up the terms of the proposed plan. As it stands, there will be no monetary limit to the fund, and payments will be offered to claimants who had already settled out of court prior to the 2014 recall of the vehicles.
Claimants seeking payments from the fund would be required to prove that the air bags in the vehicle did not go off, a stipulation that is giving critics of the plan pause. How plaintiffs can be expected to prove that the air bags did not engage is anyone’s guess, but some are hoping that claimants whose vehicles powered off would benefit from presumption and be accepted.
The fund will open until the end of 2014 according to recent reports, which has some accusing GM of trying to hurry the process along before the Department of Justice and the NHTSA complete their investigations. Those findings may have relevance upon plaintiff’s claims and critics hope that GM allow victims to wait for results before having to accept payment.
The company has indicated that the fund will only exist to provide payments to parties who were injured or killed due to the defective vehicles, and will not be providing payments to individuals looking for compensation for economic matters. Claims based on complaints of the depreciation of the vehicle’s value will not be considered valid under the current plan.
In the plan as it currently exists, payments going to claimants may range from $20,000 to several million dollars.
Read more at West Virginia Legal Examiner or the Wall Street Journal.
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Wednesday, August 20, 2014
Frank Azar – Golf Tournaments A Boon To Charities
The latest blog post from Frank Azar:
Charity golf tournaments have been on rise in recent years, meaning big money for the charities they support. In a recent article, the New York Times reports that the number of these organizations has grown to such extremes that organizations have to attract affluent golfers.
According to a survey conducted in 2011 by the National Golf Foundation, 143,000 charity golf events in that year that raised approximately $3.9 billion. But these tournaments mostly serve as a way for charities to attract new supporters and to also market their message. A representative from the World Golf Foundation indicated that 60 percent of the charities reported that their golf tournaments were very important to the success of their organizations.
The likelihood that the average recreational golfer will play in an amateur tournament of some kind is very unlikely. However, according to the representative of the World Golf Foundation it is very likely that one of those golfers will play in a charity tournament. 12 million golfers played in at least one charity tournament in 2011, a significant number considering that only about 25 million golfers play the game in U.S. Recreational golfers tend to be an older and more affluent crowd which makes them very desirable for attracting financial support.
The attraction of golf as a social event and the allure of playing on golf courses one might not otherwise play on is helping to raise revenue and awareness. Even high profile cultural organizations are finding golf tournaments to be a very important part of their fund raising operations. The Lincoln Center will host its third annual golf tournament at the end of June. Each of the previous two event raised roughly a half-million each.
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Wednesday, August 13, 2014
Frank Azar – Google’s Impact Challenge Supports Charitable Innovation
The latest blog post from Frank Azar:
Google will contribute roughly £3.2m to 10 British charities that participate in the company’s Impact Challenge. The money will be given to UK nonprofits to develop and implement ideas meant change lives for the better throughout the world, ITPRO reports.
The ten charities chosen will each be given £200,000 in the Impact Challenge, an initiative from Google Giving developed to to inspire and facilitate innovation within the world of nonprofits as a way to do more good, faster. Of the ten chosen, one will be shortlisted by the public, while another three will be listed by a panel of expert judges. Each of these organizations will see their prize fund increased to £500,000.
In addition to funding, Google will provide mentoring for all 10 organizations in tandem with Nesta, an innovation charity. The charities run the gauntlet of charitable aims, from technological innovations, to curing social ills, and even biology research. Google and Nesta are looking to mentor charities that are looking to tackle an array of social issues but all look to, “To make a better world, faster.”
“We hope in the future to continue developing and supporting the charity and community sector to embrace digital technology and use it to create far more social impact at even greater scale,” Nesta said.
The organizations represented at the Impact Challenge cover a range of causes. Among those firms that have been shortlisted is Kew Gardens, a group looking to eliminate the threat of malaria around the world through the use of wearable acoustic sensors that detect mosquitoes. The Royal National Institute of Blind People develops smart glasses to help those with the sight impaired take advantage of what little sight the do possess. WeFarm helps geographically isolated farmers from all over the world the chance to connect with others and access crowdsourced data.
“Google’s Impact Challenge shows that innovation is crucial to success,”said panel judge Peter Jones, “You can’t stand still…These are non-profits doing great things that have a real impact on society.”
The Royal National Institute of Blind People is developing smart glasses to help those with limited vision make use of the little sight they have, the St Giles Trust has created an app that will allow for ex-offenders to be rehabilitated and WeFarm’s initiative is to help farmers in remote locations across the world connect with others via crowdsourced information.
Judge Peter Jones said: “After an inspiring process, we’ve unearthed ten exceptional projects from ten exceptional charities.
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Monday, July 21, 2014
Frank Azar – Insurer Files Climate Change Class Actions
The latest blog post from Frank Azar:
Farmers Insurance filed nine class action lawsuits against almost 200 communities in the Chicago area for failing to adequately prepare for flooding and damage from severe rains, Insurance Journal reports. The lawsuits could be the first of many to determine who can be held liable for the costs incurred due to the effects of climate change.
Farmers is arguing that local governments should have been aware that there would be consequences stemming from the rising of global temperatures. By their argument, municipalities should have known that climate change had the potential to increase rainfall, and that sewers and stormwater drains ought to have been fortified in preparation. These cases have potential to redefine what can reasonably defined as an “act of god.” If successful, these lawsuits could have serious consequences for how communities will have to budget for potential future emergencies.
The City of Chicago claims that it has in place a comprehensive Climate Action Plan and that it is already investing heavily on infrastructure to guard against disasters from changing weather patterns. Ironically, this foresight on the part of the city may work against them in these suits, as Farmers cites the Climate Action Plan as evidence that the government was aware of the potential risks and failed to respond properly.
Flooding occurred in Illinois in April of 2013 resulting in over 64,000 Illinois households being awarded more than $218 million in aid and loans from the federal government. Farmers has not specified how much they paid in claims due to last year’s flooding.
“It’s a long shot for the insurance companies,” said Robert Verchick, who previously served on the Obama administration’s Climate Change Adaptation Task Force, “but it’s not completely implausible, and if you have enough cases like this going forward it might build some helpful precedent.”
To read more, head over to Insurance Journal.
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Tuesday, June 17, 2014
Frank Azar – Two More Sue in Relation To Accident That Injured 27
The latest blog post from Frank Azar:
On June 25 2012, a woman named Linda Booth lost control of her vehicle while pulling into a parking space at a Rally in the Square in Lima, Ohio. The resulting accident injured 27 people which likely occurred due to mistaking the brake and the accelerator.
(Image: Downtown Lima, Ohio)
Now LimaOhio.com reports, two more entities have joined list of those suing over the accident just under the two year deadline. An insurance company who paid out on behalf of its clients and a woman who claims that injuries sustained from the accident required hip replacement surgeries.
The woman, Faye Stewart, named the city of Lima, City Engineer Kirk Niemeyr, the Lima Public Works Director, the Deputy Public Works Director, ArtSpace Century Endowment Fund who held the rally, General Motors, Anthem Blue Cross/Blue Shield, and the Ohio Department of Job and Family services, and the driver, Linda Booth as defendants in the suit. She is seeking damages in excess of $25,000.
A similar suit was filed all of these defendants with the exception of the Department of Job and Family Services by a man who claimed to have had his leg amputated due to injuries inflicted in the accident.
Central Mutual Insurance of Van Wert also filed suit against Booth seeking $6,534 that it paid out on behalf of Richard Norton, a client injured in the accident.
Booth filed for bankruptcy in August of this past year. She filed suit to limit her liability in relation to the accident, claiming that she only has $25,000 in liability coverage.
Read more at LimaOhio.com.
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Monday, May 19, 2014
Frank Azar – Family Makes High Climb for Charity
The latest blog post from Frank Azar:
Vacation has different meanings for different people. For some it means relaxing at a resort, playing shuffleboard on a cruise to Bermuda, or surf trip to Costa Rica. But for the MacDonald family, as a recent article in the Londoner reports, vacation means helping those in need.
This June, parents Jamie and wife Leslie, along with their daughters, Melanie and Diana will travel to Vacation has different meanings for different people. For some it means relaxing at a resort, playing shuffleboard on a cruise to Bermuda, or surf trip to Costa Rica. But for the MacDonald family, as a recent article in the Londoner reports, vacation means helping those in need.
This June, parents Jamie and wife Leslie, along with their daughters, Melanie and Diana will travel to Tanzania with the goal of climbing to the top of Mount Kilimanjaro. The climb will benefit Plan Canada, a development agency dedicated to improving the lives of third world children. The MacDonalds hope to raise $5,000 to benefit the organization.
The MacDonalds say that their inspiration for their humanitarian vacation comes from Jamie’s late parents, Gord and Gladis. According to Jamie, Gord would take yearly trips to Jamaica or Cuba where he would donate computers, bicycles or clothes to help the communities there. Gord and Gladis both passed away in the past two years, and MacDonalds say that this trip will largely serve to honor their memory.
As of May 9, the MacDonalds were just shy of half-way to their fundraising goal. The money will be used to purchase mosquito netting to protect families living in areas where insect borne illnesses are prevalent.
“For $10, you can give a family a chance to be safe for three years,”Diana said. “It’s a pretty good deal.”
People can make donations to the MacDonalds’ climb at their Facebook page, MacDonald Kilimanjaro Climb for Plan Canada. Jamie emphasized that the family would accept donations in any amount, and that the trip was about “the act of giving.”
To read more about the MacDonalds, read the original article over at the Londoner.
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Tuesday, April 22, 2014
Frank Azar-Telebrands Pocket Hose Class Action Settlement
The latest blog post from Frank Azar:
The company Telebrands recently was accused of providing false and misleading information about its pocket hose product. The company has agreed to settle the class action lawsuit it was involved in by repaying those who were affected by the product. The company is providing compensation for those who purchased the Pocket Hose in the United States between November 6, 2009 and January 30, 2014.
The reward of compensation is up to $20 per Pocket Hose you purchased. Class members must provide proof of purchase through the form of a receipt in order to obtain this reward. The Pocket Hose must also be returned to the Settlement Administrator.
If a class member provides a receipt but does not return the Pocket Hose, that member will only receive a $12 reward for each Pocket Hose purchased during the Class Period. Those who fail to return the Pocket Hose and do not have a valid receipt may be eligible to receive $6. These people must substantiate their claims through a submitting the Claim Form attesting to their purchase of the product. This submission is under penalty of perjury. The claim form deadline is June 20, 2014. The case regarding the Telebrands Pocket Hose was filed by plaintiff Alex Arreguin, Jr. after he alleged some of the advertising and product labels for the Pocket Hose contained misleading statements or unsubstantiated claims. He also claimed the Pocket Hose in general is defective. Telebrands has not confirmed that these allegations are true but decided to settle the class action lawsuit in order to avoid further cost and the uncertainty of further litigation. The defense counsel through the case has been Jeffrey Richardson and the class counsel has been Gilian L. Wade and Sara D. Avila. The final hearing for the case will take place on August 14, 2014.
Original Article.
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Wednesday, April 16, 2014
Frank Azar-Supporting A Charity
The latest blog post from Frank Azar:
Finding a charity to support can be more difficult than you would think. There are hundreds to choose from and filtering through them all to find one that supports a cause you truly care about can take days. The most effective charities are names the majority of people will recognize. However, there are some lesser-known charities that are actually more successful than the most popular charities. These five charities all function on less than $2 million per year but still manage to earn a four-star rating from Charity Navigator.
- Air Warrior Courage Foundation: This charity was created by military aviators to “care for our own.” It works along with the Red River Valley Fighter Pilots Association to focus on active duty, guard, reserve, and retired military personal and their families who need financial assistance.
- Greenville Humane Society: The Greenville Humane Society was created in 1937 as an organization that helped with the prevention of cruelty to animals. The mission of the charity is to “promote and improve the quality of life and humane treatment of animals.” The methods used to accomplish this mission are reducing the unwanted animal population by placing them in homes or spaying and neutering the animals.
- Child Aid: The mission of this charity is to “create opportunity for Latin America’s rural and indigenous poor through childhood literacy and education programs.” The charity holds reading programs and training for teachers and librarians.
- National Alopecia Areata Foundation: NAAF advocates for research to find a cure or treatment for alopecia areata. It also supports those who are impacted by the disease while educating the public about alopecia areata.
- Living Lands and Waters: This charity was founded in 1998 as an organization to “aid in the protection, preservation, and restoration of the natural environment of the nation’s major rivers and their waterbeds. The charity expands awareness of the issues pertaining to this topic and works to create a desire to help.
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Monday, February 10, 2014
Pneumo Abex LLC, Asbestos, and Personal Injury and Wrongful Death Lawsuits
The latest blog post from Frank Azar:
Gordon Bankhead worked for Pneumo Abex LLC, successor of Abex Corporation, from 1965-1999. Bankhead was a parts man in the service and repair of heavy duty vehicles, and was exposed to asbestos throughout his career. His duties included, “inspecting, replacing grinding and blowing out dust from the asbestos-containing brakes.”
Bankhead was diagnosed with mesothelioma in January of 2010, and filed for his asbestos injury complaint in March of 2010. In October of 2010, his personal injury lawsuit went to trial.
Damages collected for the personal injury lawsuit included $1.47 million for Gordon Bankhead’s past and future economic loss and $1.5 million for his pain and suffering. They awarded Emily Bankhead $1 million for her loss of her husband’s support and companionship.
His death in October of 2011 led to the wrongful death lawsuit against Pneumo Abex LLC. This lawsuit was intended to compensate his family for the loss of his companionship. The jury was to determine correct compensation the family for losing a loved one 17 years prior to life-expectancy.
The 10-count complaint stated the Pneumo Abex LLC knew the dangers associated with asbestos disorder, but failed to relay the message to their employees.
“Each of the foregoing acts, suggestions, assertions and forebearances to act when a duty existed to act, the said defendants, and each of them, having such knowledge, knowing the decedent did not have such knowledge and would breathe such material innocently, was done falsely and fraudulently and with full intent to induce decedent to work in a dangerous environment and to cause decedent to remain unaware of the true facts,” the complaint says.
The jury described the defendants actions as malicious, fraudulent and oppressive.
This wrongful death lawsuit awarded Bankhead’s wife, Emily Bankhead, $6 million, and his two daughters, Tammy Bankhead and Debbie Bankhead-Meiers, $2.5 million each.
Joseph Satterley and Justin Bosl of Kazan, McClain, Satterley & Greenwood represented the Bankheads throughout both trials. Former partner Leigh Kirmsse assisted on the personal injury lawsuit.
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Tuesday, January 21, 2014
The Rat Pack
The latest post from Frank Azar:
Frank Azar is a big fan of old movies, and more specifically, a group of actors commonly referred to as “the Rat Pack,” who often starred in iconic Hollywood classics that are still enjoyed today. This blog post will give you a little background on the Rat Pack so that you understand the context when they are discussed in other blog posts.
The Rat Pack was a group of actors that centered mainly around Humphrey Bogart. The name of the group was encouraged by the media and press in order to easily describe the group of stars, which also consisted of Frank Sinatra, Dean Martin, Sammy Davis Jr., Peter Lawford, and Joey Bishop. Famous starlets such as Judy Garland, Marilyn Monroe, and Shirley MacLaine were also known to have spent a lot of time with the Rat Pack.
After the death of Humphrey Bogart in 1957, the members of the group referred to themselves as “the Summit” or “the Clan,” but the media had already coined the name for the iconic group, and they were never able to shake their original name.
It was common that members of the Rat Pack would show up when one of the members was scheduled for an appearance. This built the Rat Pack fan base tremendously. Although the Rat Pack is unlike any pop culture phenomenon of the day, a similar comradery is exhibited amongst the past and current cast members of Saturday Night Live, where individuals show up to perform on SNL and affiliated shows like 30 Rock and Parks & Recreation to show support for one another. it is usually expected that when one member shows up, another is following closely behind.
Although the crew appeared in many films together, one of Frank Azar’s favorite happens to be the 1960 film Ocean’s 11. The film was later re-made, but nothing compares to the first!
Below is a recent video of an interview with Shirley MacLaine, who recalls her many experiences with the Rat Pack. Enjoy!
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Frank Azar Wins Case Against Helmet Maker Riddell
The latest blog post from Frank Azar:
This past April, Frank Azar and his team at Franklin D. Azar & Associates won a huge case against prominent football helmet manufacturer Riddell Sports Inc. This case is significant because it could present opportunities for individuals injured over the past few decades to receive compensation for their medical expenses and injuries. Frank Azar, a Trinidad native, served as co-counsel on the case with Denver based attorney Randy Barnhart.
Franklin D. Azar & Associates became involved in the suit against Riddell after Rhett Ridolfi, a student on the Trinidad High School football team, suffered serious head trauma during a football drill, which resulted in total paralysis of his left side. A jury in Las Animas County District Court decided that Riddell was accountable for a percentage of the 11.5 million restitution Ridolfi will receive.
A representative from Riddell said the company plans to appeal on the grounds that the court excluded a testimony by a defense expert. This means Rhett Ridolfi is not likely to see any sort of compensation from Riddell for quite sometime, and the exact number they owe him is not yet worked out.
In response to the case, Frank Azar stated that because Riddell failed to adequately warn about the dangers of concussions while wearing their helmets, this verdict could affect “thousands of pending individual cases.” Azar further stated, “Riddell set this phony-baloney standard about concussion risk…If they had told the truth, ‘You have a 50 percent change of getting a concussion with this helmet,’ what mother or father would let their kid play football in a Riddell helmet? And you can still buy this helmet today.”
This case is particularly poignant because Riddell is the official helmet supplier to the NFL (National Football League), and countless numbers of retired players have sustained life-altering brain injuries while playing football in Riddell helmets that they are steal dealing with today.
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Class Action Suit against McDonald’s Franchise Owner in Albany, NY
The latest blog post from Frank Azar:
A class action lawsuit was filed against an owner of a McDonalds Corporation franchise in Albany, New York on May 6th, 2013. The owner of the franchise is being charged with violations of State and Federal wage and hour laws. It is alleged that Ralph Crawford, franchise owner, and the McDonald’s Corporation participated in “time-shaving,” an illegal practice in which supervisors cut payroll costs by deleting hours logged by workers to save money for the major company.
This is very common for large corporations and franchises, and something we have seen before with the company Wal-Mart (mentioned in previous post). Like Wal-Mart, the franchise owner, along with the McDonalds Corporation, are accused of depriving their employees a 30 minute uninterrupted lunch break. They also failed to provide employees disclosures ensuring their rate of pay, failed to compensate employees for total hours worked, and deprived their employees of overtime pay.
Jeffrey Schuyler has come forward as the lead plaintiff in this class action case. He is a former McDonald’s employee terminated after he rightfully reported the wage violations to his company supervisors.
The lawsuit is being filed on behalf of all non-exempt employees having worked for Ralph Crawford at the McDonald’s franchise over the course of the past 6 years, and the estimated class size is over 500 members.
Hacker Murphy, LLP, an Albany based litigation firm, is acting as the prosecutor.
This class action case against McDonald’s for time-shaving, etc. is a very common practice, and something that should not be ignored. If you are deserving of more pay of have been mistreated by your employer, call Frank Azar, and receive the compensation you rightfully deserve.
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